Terms & Privacy Policy

Effective Date: July 31, 2017

Terms of Services

UserGems owns and operates UserGems.com (the "Site"), an online platform (the "Service") to provide Influencer Marketing services. Throughout the site, “Users/Company” refers to companies that are using the Site for Influencer Marketing services.

These Terms of Service govern the use of the Site and our Service. The Service includes all aspects of Usergems.com including but not limited to all products, software, data feeds, services and applications offered through the Site. By using the Service or by accessing the Site, you are entering into a legally binding contract and agreeing to be bound by these Terms of Service. Please read the Terms of Service carefully. If you do not agree to be bound by the Terms of Service, please do not access the Service or the Site.

OUR SERVICE IS NOT INTENDED FOR MINORS OR PERSONS BELOW THE AGE OF 18 YEARS. IF IT IS ILLEGAL TO USE OUR SERVICE IN YOU COUNTRY OR REGION, PLEASE DO NOT ACCESS THE SITE.

We may alter, amend, change or revise these Terms of Service at any time. By continuing to access or use the Site or Service after we have posted a modification to these Terms of Service, you agree to be bound by the modified Terms of Service. Please review these Terms of Service regularly. Your account information is subject to our Privacy Policy available at www.usergems.com/about/privacy. The terms of our Privacy Policy are incorporated herein by reference.

In order to use the Service, you ("you" or "User") must agree to these Terms of Service. You can accept these Terms of Service by clicking to accept or agree to the Terms of Service where this option is made available to you in the user interface of the Service.

1. Offered Services
We are offering a service das allows companies to get more information about their users and identify who of them are influencers on various services such as Twitter, Pinterest & Instagram.

This information can then be used for the company to reach out to selected, highly-influential, users and ask them for endorsement to their users.

2. User's Obligations

UserGems is under no obligation to monitor the accuracy or reliability of the content submitted by Users including the information about the products they wish to sell. Although these Terms of Service require Users to provide accurate information, we do not attempt to confirm and do not confirm any information Users provide on the Site. By using the Site or the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or third parties will be limited to a claim against the particular User or other third parties who caused you harm, and you agree not to attempt to impose liability on or seek any legal remedy from UserGems with respect to such actions or omissions. You agree that you are providing accurate, current and complete information about yourself as prompted by our registration form, and you agree to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your registration data as accurate, current and complete. You acknowledge that if your registration data is untrue, inaccurate, incomplete or not current in any respect, we reserve the right to terminate this agreement and your use of the Site.

We try our best to provide factual, correct information about your users. However, we cannot guarantee the 100 % correctness of this information. It is the user’s obligation to verify the information provided before contacted any user based on the information provided.

Usergems works with the information provided by you, mainly email address, first and last name. You may not provide any information which is fraudulent, false, misleading or deceptive.

You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the confidentiality and use of your username and password and agree not to assign, transfer, bequeath, or resell your use of or access to the Site to any third party. You agree to notify UserGems immediately if your account information has been compromised.

3. Ownership of Materials

This Site and its entire contents and materials including, but not limited to, the text, information, material, software and graphics contained on this Site, are owned by UserGems, and its affiliates. Such content is protected by copyright, trademark, and other intellectual property laws and treaties. UserGems makes no proprietary claim to any third party names, trademarks or service marks appearing on the Site.

Any third party names, trademarks, and service marks are the properties of their respective owners. Except as otherwise provided herein, such materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without UserGems's prior written permission.

Users shall not modify the materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, or decompile, reverse engineer, exploit or disassemble software materials, or remove any copyright notice or other proprietary notices from the materials, or transfer the materials to another person without our express consent.

4. Service Standards

We do not warrant that the Site or any of the websites linked to Site are free of any operational errors or that they will be free of any virus, worm, or other harmful component.

Under no circumstances shall UserGems be held liable for delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, causes beyond its reasonable control, including internet failures, computer, telecommunications or any other equipment failures, electrical power failures, etc.

5. Activation / Deactivation / Suspension / Restriction / Termination

We require Users to register at the Site in order to access the service. Users must provide complete and true information in all forms on UserGems.

UserGems reserves the absolute right to inspect correctness and authenticity of registration information to the extent necessary or desirable. Any suspicious account will not be activated until final acceptance by UserGems irrespective of payment made, if any.

UserGems reserves right to deactivate / suspend / restrict / terminate any account in the interest of UserGems or in the general interest without any prior notice without giving any reason or on grounds of non-payment, unauthorized use, incorrect, incomplete or untrue disclosure of information, objectionable displays or behavior without any claim for refund.

UserGems reserves the right to change features and/or functionalities of the Site at any time without prior notice to Users.

6. Cancellation

At any time, and without cause, we may cancel or terminate your access in our sole discretion. You are not entitled for any kind of compensation if you request to cancel or terminate your account. You are liable for charges incurred by you prior to termination of the Service. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.

7. Authorization of Use

Once you have established a valid and active account, we grant you a login to access the Service or material located at the Site. This login shall be granted for sole use to one end user per account. UserGems grants you a limited, non-exclusive, non-transferable license to access and view Site content for your non-commercial use. No material within the Site may be transferred to any other person or entity, whether commercial or non-commercial. You may not modify, alter, resell, redistribute, sublicense, display or make derivative works of any materials or content provided on the Site.

We may in our reasonable discretion terminate your login at any time if you breach these Terms of Service. In the case that the Terms of Service are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Site.

8. Payments and Refunds

Companies on UserGems receive 500 free email checks upon signing up. The receive more than these checks, companies need to sign up for one of UserGems’ plans: Start, Pro or Enterprise. Companies will be charged at the beginning of each billing cycle.

These plans give companies access to a certain amount of check email addresses each month. If the number of requested checks surpasses their limit, companies need to purchase a high plan to continue seeing these additional checks. If companies downgrade during the month, but haven’t had more requests than the new plan covers, then we’ll simply change to the new plan. If companies already had more requests than the new, smaller, plan covers, then they have to wait until the next billing period to downgrade.

If a company upgrades, they’ll immediately be in the new plan with the new limit.

Billing cycles are charged for a full month. If a company quits UserGems, we will quit the respective plan at the end of the current billing cycle.

9. Indemnification

You agree to indemnify and hold UserGems, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from User's access or use of the Site or from User's violation of this agreement or any third party's rights including but not limited to copyright, property, and privacy rights or related in any way to your use of the Site or the Service. This indemnification and hold harmless obligation will survive this agreement and User's use of the Site.

10. Links to Third Party Websites

Our Site contains hyperlinks to other websites operated by parties other than UserGems, and other resources and advertisers. Such hyperlinks are provided for your convenience only. UserGems is not responsible for the availability of these external sites and is not responsible for any of the contents, advertising, products, or other materials on such external sites.

We do not endorse any material on such third party websites or any association with their operators. Under no circumstances shall UserGems be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its site administrator or webmaster.

11. Limitation on Use of our Service

User shall not recompile, disassemble copy, modify, distribute, transmit, display, circulate, broadcast, perform, reproduce, publish or create derivative works from, transfer, or sell any information, content, software, products, tools or services accessed from this Site. User may not rent, lease, sell, sublicense, lend or in any manner allow any other party to use the Service, with or without consideration. You will not transmit any worms or viruses or any code of a destructive nature to any individual through use of the Site or Service. You will not interfere with or disrupt (or attempt to do so) the access of any User including without limitation by overloading, flooding or spamming the Service or by scripting the creation of content in such a manner which creates an undue burden on the Service or the Site. By viewing the contents of this Site, you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.

12. Use of Password

Users shall be responsible for creating and safe keeping of their login id and password. UserGems does not have access to User passwords since they are generated randomly on the Site, encrypted and passed on to the User.

User shall bear all responsibility of keeping the password secure and in the event that the User incurs any liability to UserGems or any other third party as a result of the password being used by third parties, or due to improper use of the password, User shall, without limitation, bear all such liability.

13. Limitation of Liability

NEITHER PARTY SHALL BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST OR CORRUPTED DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THIS POSSIBILITY.

User agrees that neither UserGems nor its directors, agents, associates, affiliates or employees shall be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use/delivery/performance or the inability to use/deliver/perform the Service or for replacement cost or resulting from the services subscribed to or obtained or messages received or transactions entered into through or of User's transmissions or data.

User further agrees that UserGems shall not be liable for any damages arising from interruption, suspension or termination of the Service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

User also agrees that User's sole remedy under these Terms of Service is cancellation of the Service which User can elect at any time.

By viewing, using, or interacting in any manner with this Site, including banners, advertising, or pop-ups, and as a condition to User's lawful viewing of the Site, User forever waives all rights to claim any damage or compensation or direct, indirect or consequential loss against UserGems.

14. Disclaimer

USE OF THE SERVICE IS AT YOUR SOLE RISK. USERGEMS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. USERGEMS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICE. USERGEMS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. USERGEMS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL USERGEMS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THE SITE AND THE SERVICE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND USERGEMS MAKES NO WARRANTIES OF ANY KIND RELATING TO THE SERVICE AND EXPRESSLY DISCLAIMS ANY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USERGEMS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. USERGEMS DOES NOT WARRANT THAT (i) THE SERVICE OR SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERR0R-FREE, (iii) THE INFORMATION VIEWED ON THE SITE OR THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, TRUTHFUL OR COMPLETE, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE OR SITE WILL BE CORRECTED. USERGEMS DOES NOT WARRANT THE QUALITY OR CONDITION OF ANY PRODUCT OBTAINED ON THE SITE OR THROUGH THE SERVICE.

15. Force Majeure

UserGems shall not be liable for any failure or departure from any duty which has happened due to circumstances beyond its reasonable control which includes but is not limited to natural disasters such as floods, earthquakes, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.

16. Electronic Agreement, Communication And Notice

You understand and agree that we interact with our Users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the Site.

By using the Site or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of accessing and using the Site or the Service and/or accepting the Terms of Service constitutes your electronic signature to this Agreement. You acknowledge and agree that your electronic acceptance of these Terms of Service constitutes an enforceable contract.

17. Miscellaneous Terms

The Terms of Service constitute the entire agreement between you and UserGems and supersede all prior or contemporaneous negotiations, discussions or agreements between you and UserGems about the Service or the Site. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Any dispute related to our Services, our Terms of Service or Privacy Policy shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. Any disputes related to these Terms of Service or the Service or Site shall be heard in courts located in Cook County, Illinois.

UserGems' failure to exercise or enforce any legal right or remedy contained in the Terms of Service (or that UserGems has the benefit of under any applicable law shall not constitute a waiver of UserGems's rights and that those rights or remedies will still be available. Any waiver of any provision of these Terms of Service will be effective only if UserGems expressly states in a signed writing that it is waiving a specified term or policy in your favor.

17. Contact Information

All questions to UserGems regarding these Terms of Use may be directed to: security@usergems.com.

We are happy to do business with you.

Privacy Policy

Your privacy is our most important goal. ShelfFlip, Inc., and its subsidiaries and affiliates, (collectively, "ShelfFlip," "we," or "us;") is committed to protecting the privacy of individuals who visit our websites, and who use our social media analytics platform commercially known as "UserGems" (available online at www.usergems.com) and related applications and services (collectively, the "Services"), who register to attend our events, and from whom we collect personal information through other means. This Privacy Statement describes ShelfFlip’s privacy practices in relation to the use of our websites and Services, and personal information we collect through the other means described below.

We regularly review our compliance with our Privacy Statement and adhere to several self regulatory frameworks, including the EU-US and the Swiss-US Privacy Shield Frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly. To learn more about how we adhere to certain self-regulatory frameworks, please see Sections X and XI below.

When you visit our websites, or provide personal information to us through other means, you consent to the use of your information as described in this Privacy Statement.

1. What Does This Privacy Policy Cover?

This Privacy Statement covers handling of non-public, personally identifiable information received through our websites or in relation to the Services. Our websites may contain links to other websites. The information practices or the content of such other websites is governed by the privacy statements of such other websites. We encourage you to review the privacy statements of other websites to understand their information practices.

2. What Information Do We Receive And How Do We Use It?

We receive the following types of information:

Registration Information. We may receive information about you when you register for the Services or one of our events such as your first and last name, e-mail and mailing addresses, professional title, company name, and, in the event you create an account on the Services, your password.

Billing information. When you purchase Services, we may require you to provide us with financial qualification and billing information, such as billing name and address, credit card number, and the number of your employees who you expect to use our Services.

Email, communications, and messaging information. If you email us or contact us via a messaging service (such as, for example, Twitter), we may keep your message, email address or user name, and contact information. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at privacy@usergems.com. You cannot opt out of receiving transactional emails related to your account or use of the Services.

Website navigational information. As you navigate our websites, we may also collect information through the use of commonly-used information-gathering tools, such as Cookies, Log Data, and Web beacons (“website navigational information”). Website navigational information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on our websites (such as the web pages viewed and the links clicked). We may use website navigational information to keep track of how you interact with links in our websites and email messages, and with links to our websites in other companies’ websites and email messages. We do this to help improve our websites and Services, target our marketing efforts, and provide more relevant information to prospective customers. “Cookies" are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when our websites are visited by you. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device's acceptance of cookies, but this may prevent you from taking advantage of some of the features of our Services. “Log Data” may include information such as your computer's IP address, browser type or the webpage you were visiting before you came to our website, pages of our website that you visit, the time spent on those pages, information you search for on our website, access times and dates, and other statistics. If you click on a link to a third party website, such third party may also transmit Cookies to you. This Privacy Statement does not cover the use of Cookies by any third parties, for example by our third-party analytics providers. We do not have access or control over these third-party Cookies. These third parties may use both session Cookies and persistent Cookies to enable us to design a better experience for you.

Session Cookies. Session Cookies disappear from your computer when you close your browser software or turn off your computer. If you have chosen to identify yourself to us, we use session Cookies containing encrypted information to uniquely identify you. Each time you log into the Services, a session Cookie containing an encrypted, unique identifier tied to your account is placed in your browser. These session Cookies allow us to uniquely identify you when you are logged into the Services and to process your online transactions and requests.

Persistent Cookies. Persistent Cookies remain on your computer after you close your browser or turn off your computer. We use persistent Cookies that only we can read and use to identify browsers that have previously accessed our websites and Services. When you visit our websites, purchase Services or provide us with personal information, a unique identifier is assigned you. This unique identifier is associated with a persistent Cookie that we place on your web browser. We are especially careful about the security and confidentiality of the information stored in persistent Cookies. For example, we do not store account numbers or passwords in persistent Cookies.

Information about your customers. In order to provide you with the Services, we also receive and store any information about your customers that you choose to provide to us. Typically this information includes names and email addresses of your customers, but will consist of any information you choose to provide to us.

Third parties and publicly available information. We may obtain non-public and/or public information, meaning information from publicly available sources like the Internet and social platforms (“Public Information”), including through the use of application programming interfaces (APIs) about an individual from third-party data sources. Given the non-private nature of such Public Information, we may share or disclose this public information, such as public social media user profile information, public likes or posts, or the people a user follows or that follow a user, with anyone for any purpose. Section IV, below, describes how we disclose the non-public information we receive.

Do Not Track. Currently, various browsers – including Chrome, Internet Explorer, Firefox, and Safari – offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to websites' visited by the user about the user's browser DNT preference setting. Because we want to provide you with a personalized experience, we do not change our behavior based on a web browser’s DNT signal.

We may use this personal information to administer, monitor, provide, personalize, analyze, and improve our website and the Services, to communicate with you, to provide information to you about our Services and partners, to provide demonstrations of our Services to you, to provide information to you about our events, to market our Services and events to you, and to provide information to you about our partners and their services and events. We use credit card information solely to check the financial qualifications of prospective customers and to collect payment for the Services and events.

3. Where We Store Your Personal Information?

The information that we collect from you may be transferred to, and stored and processed at, a destination in the United States. If you reside outside of the United States, by submitting information to us, you agree to this transfer, storing or processing. ShelfFlip uses Microsoft’s Azure Web Services to host our Services, including parts of the Service we use to store and process information we receive from website visitors, third parties, and individuals with whom we interact through email, other messaging systems, or telephone. This means that information submitted to our Services, and some other information ShelfFlip receives from you, is stored and maintained in accordance with Azure Web Services’s Privacy Statement, which can be viewed here: https://go.microsoft.com/fwLink/p/?LinkID=131004&clcid=0x409. Our Privacy Statement does not create any obligation on the part of Microsoft.

4. Will ShelfFlip/UserGems Share Any Of The Personal Information It Received?

We share the non-public personally identifiable information we receive with third parties as described below:

A. Trusted Third Parties: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide the Services to you. Unless we tell you differently, such third parties do not have any right to use the personal information we share with them beyond what is necessary to assist us. This includes third party companies and individuals employed by us to facilitate our Services, including the provision of maintenance services, database management, analytics and general improvement of the Services ("Service Providers"). For more information on the specific privacy practices of these Service Providers, please contact us at privacy@usergems.com. Also, as part of our provision of the Services, we may send requests using the email address of your customers to common social media platform providers ("Social Providers") so that we can receive the publicly available contact and social information, such as addresses, gender, company, job titles, photos, website URLs, social network handles and physical addresses, related to the email address of your customer that you provide to us. We only share the information necessary for these Social Providers to be able to assist us in providing you with our Services and will never share your company name with them, making it impossible for a third party to associate you with your customers.

B. Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. However, we will never sell the association between you and your customers for any other purpose than to continue the provision of Services to you. Also, if we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, the personal information we have received would be one of the assets transferred to or acquired by a third party. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

C. Protection of ShelfFlip and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or a court order; comply with lawful requests, investigations, or enforcement from regulatory agencies, law enforcement, national security organizations, or other authorized statutory bodies like the Federal Trade Commission; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of ShelfFlip, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

D. Events: We do not share with our business partners information we receive about you through your registration for or attendance of events unless you specifically opt in to such sharing via an event registration form. If you do not wish for your information to be shared in this manner, you may choose not to opt in via event registration forms. If you choose to share your information with business partners in the manners described above, your information will be subject to the business partners’ respective privacy statements.

E. With Your Consent: Except as set forth above, you will be notified when your non-public personal information may be shared with third parties, and will be able to prevent the sharing of this information. We post customer testimonials/comments/reviews on our web site which may contain personally identifiable information. We obtain the consent of each customer prior to posting any information on such a list or posting testimonials.

F. Public and Non-personal Information: Our Services may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your comments or posts to our public forums, including our blogs and bulletin boards or your chat messages in our chat rooms, as well as any publicly available information we receive about an individual.

5. Is The Personal Information Secure?

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. When you enter your information on our website we encrypt the transmission of that information using transport layer security (TLS). However, the transmission of information via the Internet is not completely secure. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

6. What Personal Information Can I Access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you've provided to us:
• name and password
• email address
• company name
• credit card information
• your customer’s email addresses

The information you can view, update, and delete may change as the website changes. If you have any questions about viewing or updating information we have on file about you, or your right to access such information, please contact us at privacy@usergems.com. We will respond to your request to access within thirty (30) days. Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: privacy@usergems.com.

7. What Choices Do I Have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features. You may be able to add, update, or delete information as explained in Section VI above. When you update information, however, we may maintain a copy of the unrevised information in our records. We will retain your information for as long as your account is active or as needed to provide you Services. You may request deletion of your account by contacting us at privacy@usergems.com. Please note that some information may remain in our private records after your deletion of such information from your account as required by law or our own business needs. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may use any aggregated data derived from or incorporating your personal information after you update or delete it, but not in a manner that would identify you personally.

8. Changes To This Privacy Policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the website after such changes have been first posted.

9. Policy Towards Children

Our Services are not directed to persons under age 13, and we do not knowingly collect personal information from children under the age of 13. If we become aware that a child under age 13 has provided us with personal information, we take steps to remove such information and terminate the child's account. If you become aware that your child has provided us with personal information without your consent, please contact us at privacy@usergems.com.

10. Privacy Shield Statement

ShelfFlip complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. ShelfFlip has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.

Our accountability for personal information that we receive under the Privacy Shield and subsequently transfer to a third party is described in the Privacy Shield Principles. In particular, under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EU or Swiss Personal Data that we transfer to them. Under certain circumstances, we may be required to disclose your EU or Swiss Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements. ShelfFlip maintains reasonable and appropriate security measures to protect EU or Swiss Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

The Federal Trade Commission (FTC) has jurisdiction over our compliance with the Privacy Shield.

All ShelfFlip employees who handle personal information from Europe and Switzerland are required to comply with this Statement.

11. Alternate Dispute Resolution And Arbitration

In compliance with the Privacy Shield Principles, ShelfFlip commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact ShelfFlip at the address stated in the "QUESTIONS OR CONCERNS" section below, we have designated our Privacy Officer to oversee our data privacy program, including our compliance with the EU Privacy Shield program and Swiss Privacy Shield. Our Privacy Officer shall review and approve any material changes to this program as necessary.

If you have any questions or complaints about the use or disclosure of your EU or Swiss Personal Data, please contact the Privacy Officer at privacy@usergems.com. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EU or Swiss Personal Data within 45 days of receiving your complaint. ShelfFlip has further committed to refer unresolved Privacy Shield complaints to JAMS, as our independent resolution body. If you remain unsatisfied with the resolution of your complaint after attempting to resolve the matter with us, you may contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield, an alternative dispute resolution provider located in the United States for further assistance. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, either party may request binding alternative dispute resolution, provided you have taken the following steps: (1) raised your complaint directly with us and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce's Privacy Shield Framework: Annex I (Binding Arbitration).

12. Questions Or Concerns

If you have any questions or concerns regarding our privacy policies, please send us a detailed message by email to privacy@usergems.com or by mail to:

ShelfFlip, Inc.
Attn: Privacy Officer
2443 Fillmore Street #380-3416
San Francisco, CA 94115

We will make every effort to resolve your concerns.

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