Gracias Privacy Policy

Last Updated: January 21, 2019

1. PURPOSE

This Privacy Policy explains Gracias Services, Inc.’s (“Company”, “we” and “us”) information collection practices, how we use and share that information, and your options with respect to that information.

This Privacy Policy is incorporated by reference into our Terms of Service (the “Terms”). Unless we define a term in Section 13 or otherwise herein, all capitalized terms used in this Privacy Policy will have the same meanings as in our Terms.

2. SCOPE

This Privacy Policy applies to Personal Information that is Processed (as defined below) by us in connection with running our business and provision of our Services. All individuals whose responsibilities include the Processing of Personal Information on behalf of Company are expected to protect that data by adherence to this Privacy Policy.

3. TRANSPARENCY/NOTICE—TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT

The types of Personal Information we collect and our privacy practices depend on whether you are a customer, user or visitor (each, an “Individual”) and the requirements of applicable law. Some of the ways that we may collect Personal Information include:

3.1 TYPES OF PERSONAL INFORMATION WE COLLECT

3.2 HOW WE USE YOUR INFORMATION

We Process Personal Information about Individuals for a variety of business purposes, including:

You may contact us at any time to opt out of the use of your Personal Information for marketing

purposes, as further described below.

3.3 COOKIES, PIXEL TAGS/WEB BEACONS, ANALYTICS INFORMATION, AND INTEREST-BASED ADVERTISING

We, as well as Third Parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a "device") that allow us to record certain pieces of information whenever you visit or interact with our Services, applications, messaging, and tools, and to recognize you across all relevant devices.

Our uses of such Technologies fall into the following general categories:

If you would like to opt out of the Technologies we employ on our Services, you may do so by blocking, deleting, or disabling them as your browser or device permits.

3.4 THIRD PARTY WEBSITES, SOCIAL MEDIA PLATFORMS AND SOFTWARE DEVELOPMENT KITS

Our Services may contain links to other websites and other websites may reference or link to our Services. These other domains and websites are not controlled by us, and we do not endorse or make any representations about Third Party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk. Our Services may also contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using Services. We are unable to control the use of your information on social media platforms, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

We may use Third Party APIs as part of the functionality of our Services. Third Party APIs may allow Third Parties, including advertisers, to collect your Personal Information to provide content that is more relevant to you. You may opt out of tracking by following the instructions below.

4. ONWARD TRANSFER – HOW WE MAY DISCLOSE YOUR INFORMATION

4.1 INFORMATION WE SHARE

We may share your information as described in this Privacy Policy or with your permission.

4.2 INTERNATIONAL DATA TRANSFERS

You agree that all Personal Information collected via the Services or by us may be transferred, Processed, and stored anywhere in the world, including but not limited to the United States. Personal Information may be stored in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to us, you explicitly consent to the storage of your Personal Information in these locations.

5. YOUR CHOICES: RIGHT TO OBJECT TO PROCESSING

5.1 GENERAL

You have the right to object to and opt out of certain uses and disclosures of your Personal Information. Where you have consented to our Processing of your Personal Information, you may withdraw that consent at any time and opt out of further Processing by contacting hello@getgracias.com. Even if you opt out, we may still collect and use non-Personal Information regarding your activities on our Services and/or information from the advertisements on Third-Party websites for other legal purposes as described above.

5.2 EMAIL COMMUNICATIONS

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding Services you have requested. We may also send you certain non-promotional communications regarding us and our Services and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms or this Privacy Policy).

5.3 NOTIFICATIONS

We may occasionally send you push notifications through our Services (including mobile applications) with notices or alerts that may be of interest to you. You may at any time opt out from receiving these types of communications by changing the settings on your mobile device.

5.4 “DO NOT TRACK”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

5.5 COOKIES AND INTEREST-BASED ADVERTISING

As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from our data partners and our Third Party advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/,http://youradchoices.ca/choices/ and www.aboutads.info/choices/.

To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. Advertisements on Third Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

6. RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION

You may inquire as to whether we are Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, you may contact us at hello@getgracias.com to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by us. Please include your full name, email address or phone number associated with your account, and a detailed description of your data request, or follow the information provided on the Services. Such requests will be processed in line with local laws.

Although we make good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

7. DATA RETENTION

We retain the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

8. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by making a notice available to you through the Services or sending an e-mail to you.

9. INTERNATIONAL USERS

By using the Services, we will transfer data to the United States. By choosing to use the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of Delaware, United States and the adjudication of any disputes arising in connection with the Services will be in accordance with the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Privacy Policy.

10. CHILDREN’S PRIVACY

Our Services are not directed to children under 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect Personal Information from children under 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at hello@getgracias.com. If we learn that we have collected Personal Information of a child under 13 (or under 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.

11. REDRESS/COMPLIANCE AND ACCOUNTABILITY

If you have any questions about our privacy practices, this Privacy Policy, or how to lodge a complaint with the appropriate authority, please contact us at hello@getgracias.com. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

12. OTHER RIGHTS AND IMPORTANT INFORMATION

12.1 CHANGES TO OUR PRIVACY POLICY AND PRACTICES

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after we make the updated Privacy Policy available to you.

12.2 CALIFORNIA PRIVACY RIGHTS

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Except as otherwise provided in this Privacy Policy, we do not share Personal Information with Third Parties for their own marketing purposes.

13. DEFINITIONS

The following capitalized terms shall have the meanings herein as set forth below.