GUST PRIVACY POLICY

**PLEASE NOTE THAT THESE PRIVACY PRACTICES GOVERN OUR USERS. OUR PRACTICES MAY DIFFER IN VARIOUS JURISDICTIONS AS DESCRIBED BELOW.

 

INTRODUCTION

Thank you for visiting and using GUST!

This privacy policy (“Privacy Policy”) governs and explains GUST’s privacy policies and practices on our mobile applications and digital platforms (“Platforms”).

This Privacy Policy is incorporated into, and governed by, our Terms and Conditions. All capitalized terms contained in our Privacy Policy that are not defined will have the meaning given them in our Terms and Conditions.

As stated in our Terms and Conditions, we do not allow users under thirteen (13) years of age. If you (1) are under thirteen (13) years old, or (2) do not have your parent’s and/or guardian’s consent if under eighteen (18) years of age, then you are not authorized to view, access, or use our Platforms, our Content, or our services.

In this Privacy Policy, Gust may be referred to as “Gust”, “we”, “us”, or “our”.

If you are accessing, viewing, and/or using our Platforms and Content, the following privacy terms will apply.

 

WHAT WE COLLECT FROM OUR USERS

Personal Information

We may collect personally identifiable information that you provide to us through the Platforms. This is done via registration forms, surveys, applications, billing processes, input questions, and other online fields, including, but not limited to, your name, age, billing address, email address(es), your mailing address, telephone number(s), username(s), “friends graph” and related social media information for various offers and services, and/or other relevant personal information (collectively, the “Personal Information”). You may be required to provide us with Personal Information to complete your registration profile, view, download, and access various Content and services, and/or to purchase Subscriptions through our Platforms. Some of your Personal Information submitted by you and collected by us may be stored and maintained by third-party data processors, which is described in more detail below.

User Data

We also collect and track certain information about you that may not constitute Personal Information. This includes, but may not be limited to: collecting and tracking your session ID; your server domain names; date and time of your visit(s) to our Platforms; the originating IP address(es); Content viewed and/or downloaded by you; search engine(s) used by you to find our Platforms; the type of operating system you use; various information and data on how you use our Platforms, such as the page(s) or Content visited within our site, and the type of Web browser(s) for Users of our Platforms; the language you use in your web browser(s); operating system(s) on your computer(s); your mobile device type and related technical information; your geo-location data; the state or country from which you access our Platforms; the Web pages visited (including the date and the time of a visit) immediately before and after visiting the Platforms using cookies where and we offer our Content and services online through websites; the number of links you click within our Platforms; the functions you use on our Platforms; the specific Products and Services that you access on our Platforms; the data you view, save on, or download from our Platforms; Http headers; Facebook Pixel-specific data (such as Pixel ID Facebook Cookie) if and where Facebook is integrated for sign-up; and/or optional values such as custom data events and conversion values on our Platforms (the “User Data”). We also may aggregate any such User Data, which is typically collected, analyzed, and maintained in aggregated and de-identified formats.

Opting Out

If you don’t want to provide any of the Personal Information described above, and/or if you prevent us from collecting and storing the User Data in accordance with this Privacy Policy, you may be unable to view, access, use and/or to obtain our services and/or view and access our Content or Platforms. You can choose to opt-out of certain provisions of this Privacy Policy by submitting a request in writing to contact@gust.show. Specifically, you may opt out of providing your mailing address and unsubscribe to our mail and email marketing lists that we may offer from time to time. Please note that this opt-out process may take some time to complete, consistent with applicable law. You agree that we are not liable for any portion of the Platforms that does not operate properly after you take these actions.

 

HOW WE COLLECT INFORMATION

To collect User Data, we use various third party processors (“Processors”) on our Platforms, which currently include Segment, Amplitude, Crashlytics, and Azure Cloud. We may change and/or add other Processors from time to time in our discretion.

Using our Processors, we will collect Personal Information and User Data (collectively, the “Information”) about you directly through the Platforms by assigning each user a tracking number for as long as each user uses the Platform(s).

We use these Processors primarily to: provide you with the Content, Platforms, and our services; enhance your user experience on our Platforms; enhance our Content offerings; create user accounts; enable login functionality; provide you updates and various promotions and offers; provide receipts for Subscriptions ordered; and enable our Platforms to function smoothly. These third party processors may at various times have access to, and store, Personal Information and User Data. Our billing and payment Processor currently is iTunes.

By accessing and viewing our Platforms, providing your Information, and accessing our Products and Services, you agree to each of our Processor’s privacy policies.

 

OUR USE OF COLLECTED INFORMATION

Other than to the Processors listed above, we currently do not sell or distribute your Personal Information or User Data to third parties. However, we will use the Information collected for the reasons listed above, as well as for other internal reasons, including, but not limited to: (a) monitoring, researching, and analyzing traffic flow on our Platforms; (b) better service provision for Users of our Platforms; (c) compilation and aggregation of anonymous information about usage of our Platforms and access to our Content; (c) provide announcements about Platforms features, products, Content, and updates, and/or (d) provide various product, Content, and service promotions. In addition, we will use your Personal Information to maintain contact with you. However, we use a system that collects and stores this data in an anonymous way.

 

DISCLOSURE OF PERSONAL INFORMATION

We will only share your Information with our Processors, partners, subsidiaries, affiliates, and parent companies on an anonymous and aggregate basis wherever possible. However, we may also disclose your Information to unaffiliated third parties if we believe in good faith that such disclosure is necessary, including, to: (a) comply with the law or in response to a subpoena, court order, government request, and/or other legal process; (b) produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, and/or other legal or administrative proceedings; and/or (c) protect the interests, rights, safety, or property of our Users or others.

 

SECURITY OF PERSONAL INFORMATION

Any Personal Information you provide to us is kept on secure servers. We use commercially reasonable administrative, technical, personnel, and physical measures and efforts: (a) to safeguard Personal Information against loss, theft, unauthorized use, disclosure, or modification; and (b) to ensure the integrity of the Personal Information. To help us protect your privacy, you should maintain the secrecy of any login ID(s) and password(s) you may have set up in connection with your viewing and access of our Platforms, and the use of our Services (as required from time to time).

Despite our efforts to protect your Personal Information, the confidentiality of any communication or material transmitted to or from us via our Platforms, the services, or via e-mail cannot be, and is not, guaranteed. Accordingly, you agree that we are not responsible for the security of information transmitted to or from you via the Internet. 

In addition, to protect your Personal Information, never share your password and/or Personal Information with anyone (if and when such information is actually required by us). If you feel that your password or Personal Information has been discovered or compromised, you should change it immediately by logging onto our Platforms and accessing your profile to change your password.

 

ACCESS TO, AND ABILITY TO CORRECT, PERSONAL INFORMATION

You may modify, correct, change or update your Personal Information by updating your information in your account settings or by contacting us at contact@gust.show.  We will make commercially reasonable efforts to accommodate your request and typically process requests within thirty (30) calendar days from receipt of your request(s). However, we reserve the right to impose certain restrictions and requirements on such access requests, if allowed or required by law.

 

STORING & DELETING YOUR INFORMATION

We store any collected Information in anonymous formats on our servers. Various data can be deleted by you by sending us a written request to contact@gust.show. As stated above, we typically remove this information where possible within thirty (30) calendar days from receipt of your request.

 

FINANCIAL DATA

Please note that all financial data for carrying out various transactions is currently conducted through the App Store, and thus such credit card and related data is collected, stored, and used by the App Store according to its Terms and Conditions and Privacy Policy. We currently do not view, collect, access, store, and/or distribute your credit card information and/or related billing data. By continuing to use our services, and/or viewing and accessing our Platforms and Content (specifically including continuing and/or renewing any Subscription(s)), you agree that (a) iTunes, and/or we, can transfer your credit card information, (b) purchase history, and (c) related data from iTunes to various different third party Processor(s) of our choosing from time to time.

 

RIGHT TO CHANGE PRIVACY POLICY

If you choose to visit, view, access, and/or use our Platforms in the United States, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms and Conditions, including, but not limited to, limitations on damages, resolution of disputes through arbitration, and application of the laws of the State of New York. If you have any concern about privacy on our Platforms, our Content, and/or our services available on or through our Platforms, please contact us with a thorough description, and we will try to resolve it.

Our business changes, and both this Privacy Policy and our Terms and Conditions, may change accordingly. We reserve the right to change this Privacy Policy at any time. Please check our Platforms and this Policy frequently to see any changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Your continued used of our Platforms and/or the Services available on or through our Platforms will be interpreted as your acceptance of any such changes and updates to this Privacy Policy.

 

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your Personal Information to third parties for direct marketing purposes, including a description of the categories of Personal Information, be disclosed. In order to obtain such information, please email your request to contact@gust.show.

 

USERS FROM THE EUROPEAN UNION AND THE UK

If you are a resident in, or a national of, the EU and/or the UK, you confirm your acceptance of the Privacy Policy statements set out above but only insofar as they are not altered, changed or enhanced by the following provisions required by the EU General Data Protection Regulation.

The Lawful Basis for Processing Your Personal Data

In processing or holding your personal data in connection with the purposes set out in this Privacy Policy, We may rely on one or more of the following legal reasons, depending on the circumstances, where:

· We have obtained your prior informed consent to the processing (this legal basis is only used in relation to processing that is entirely voluntary, i.e it is not used for processing that is necessary or obligatory in any way) of your personal data;

· The processing is necessary in connection with any contract that you may enter into with Us;

· The processing is required by the applicable law;

· The processing is necessary to protect the vital interests of any individual; or

· We have a legitimate interest in carrying out the processing for the purpose of managing, operating or promoting Our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.

Transfer of Your Personal Information

Due to the nature of our business, we may from time to time transfer your personal data to other jurisdictions and/or countries. Where such a transfer occurs your personal data will be treated with reciprocal rights to those granted to you under the General Data Protection Regulation where applicable.

LANGUAGE AND TRANSLATIONS.

This Privacy Policy has been drafted in the English language and any translation hereof shall be deemed to be for information purposes only.

In the event of any dispute arising in relation to any non-English translation of this Privacy Policy, the English language version shall prevail.