PRIVACY POLICY

 

We are providing this privacy policy ("Privacy Policy") to help you understand how we collect and use information, including personally identifiable information that you may provide to us or that we may obtain as a result of your use of this website, GoGemio.com (the "Website") or through any of the services/Device we provide (“Services”). Personally identifiable information ("Personal Information") is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. By using the Website and the Services you consent to our collection and use of your Personal Information consistent with applicable data protection law and this Privacy Policy.

 

WHAT DATA DO WE COLLECT?

The types of Personal Information we collect may include: name, address, email, phone number, [geo location, gender, age (from 3rd party services)], IP address, resettable device ID, non-resettable device ID, application ID, user ID and band ID. 

When you purchase something from our Website, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.  We do not view or store your credit card information.  Your payment information is collected by Shopify (see here for their privacy policy), our third party payment processor.

When you browse our Website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Any data you provide as part of a contest or survey will also be stored. If you join our mailing list, your data will be stored.

 

WHAT DO WE DO WITH YOUR INFORMATION?

We use your Personal Information to create your account, to communicate with you about products and services you've purchased, to offer you additional products and services, and to bill you. We also use that information to the extent necessary to enforce our Website and Services terms of service and to prevent imminent harm to persons or property.

Email marketing: With your permission, we may send you emails about our store, new products and other updates.

We neither rent nor sell your Personal Information to anyone for their own use.  However, some Personal Information is available to third parties (as further described in this Privacy Policy) and we may provide it to some third parties.

 

HOW DO WE PROTECT YOUR INFORMATION?

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all payment card information you supply is encrypted via Secure Socket Layer (SSL) technology.

We use regular Malware Scanning.

We do not use vulnerability scanning and/or scanning to PCI standards.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Unfortunately, even with these measures, we cannot guarantee the security of Personal Information. By using our Website and Services, you acknowledge and agree that we make no such guarantee, and that you use our Website and Services at your own risk.

 

CONSENT

How do you get my consent?

When you provide us with Personal Information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, if you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at customerservice@gogemio.com or mailing us at:

Gemio

113 Cherry Street #70880

Seattle, Washington USA 98104

 

DISCLOSURE

We may be required to disclose your Personal Information if: (i) we believe it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority, (ii) it would potentially mitigate our liability in an actual or potential lawsuit, (iii) it is otherwise necessary to protect our rights or property,  (iv) it’s necessary to protect the legal rights or property of others (v) for the safety of our customers, users, employees or others.

 

SHOPIFY

Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.

 

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our Website or are redirected to a third-party website or application, this Privacy Policy or our website’s Terms of Service no longer governs, and we are not responsible for any act or omission, or any policies or data collected.

 

LINKS

Our Website and Services may contain links to other sites. When you click on these links, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. This Privacy Policy only governs information collected on the Website and from the Services.

 

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

COOKIES

We use cookies (chocolate chip are our favorites) so that our Website can remember you and provide you with the information you're most likely to need.  Some cookies last only for your current browser session, while others persist for longer periods of time.  For instance, when you return to our Website, cookies identify you and prompt the site to provide your username (not your password), so you can sign in more quickly. Cookies also allow our Website to remind you of your past purchases and to suggest similar products and services. Finally, we use information gained through cookies to compile statistical information about use of our Website, such as the time users spend at the site and the pages they visit most often. Those statistics do not include Personal Information. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Safari or Chrome) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies. If you disable cookies off, some features will be disabled that make your site experience more efficient and some of our services will not function properly.  

Our Website is hosted by Shopify. You can find detailed information about the cookies used by Shopify sites here. That link also includes the latest up-to-date information on how to opt-out of the cookies that are used on a Shopify-hosted site like ours.

We also use Google Analytics, which uses cookies, with our Website, as detailed in the section below. 

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

_secure_session_id, unique token, sessional

storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

 

AGE OF CONSENT

This Website is not directed at children. If a person under 13 submits information through any part of this Website and the Services, and we learn the person submitting the information is under 13, we will attempt to delete this information as soon as possible.  If you are aware of a user under the age of 13, please contact us at: customerservice@gogemio.com.  

 

SPECIAL NOTICE TO INTERNATIONAL VISITORS AND CUSTOMERS

If you are visiting from outside of the United States with laws governing data collection and use that may differ from U.S. law, including those whose privacy laws may be stricter than U.S. law, please note that you are transferring your personal data to the United States to Gemio. By providing your Personal Information or using the Website and/or Services data you consent to that transfer and processing.

 

VENDORS AND SUPPLIERS

We work with third parties, vendors, distributors, and suppliers. To the extent it is necessary for these groups to provide their products and services to us and provide products and services you have requested, these third parties may have access to or process your Personal Information.

 

GOOGLE

We use Google Analytics for aggregate visitor analysis of our Website. Google, as a third party vendor, uses cookies to track anonymous visitor usage and behavior.  You should review the Google policies to ensure that you are comfortable with the ways in which they use and disclose information.  We do not guarantee that they will follow our Privacy Policy.

For our Services, we use Google Analytics for Firebase, a Third-Party Service (see section below) to track Device usage data for our users. The Google Analytics for Firebase privacy policy can be found here

 

SOCIAL MEDIA

You may be able to log in to the Services using your social media accounts with third parties (like Facebook).  Any privacy settings on these social media accounts are between you and the third party.  You should review the policies from any social media service before using it with our Services.  We are not responsible for any acts or omissions of any social media service provider or your use of features from their platform.

 

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If we are acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at customerservice@gogemio.com or by mail at

Gemio

[Re: Privacy Compliance Officer]

113 Cherry St. #70880

Seattle, Washington USA 98104

 

TERMS OF SALE

 

We love you, like you love us! Thanks for shopping at www.gogemio.com. By purchasing a Gemio Band at either www.gogemio.com or at a concert venue, you agree to these sales terms, along with our terms of service, software license, and privacy policy. Please note that we may amend these terms at any time.  Please visit our site to check for the most current terms.  

 

RETURN POLICY & WARRANTY

All products are subject to return or exchange only in accordance with our Return Policy.  

You can find information about the warranty for the product here.

 

AVAILABILITY & PRODUCT DESCRIPTIONS

You may place orders for Gemio products at our website www.gogemio.com. Certain products or services may be available exclusively online through www.gogemio.com. All products or services may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products online as you will see in person. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

YOUR OBLIGATIONS

When you place an order, we will ask you for your name, phone number, e-mail address, shipping and billing address, and other information so we can fulfill your order. Our third-party payment service provider will collect your credit card information and charge your credit card for the order.  Gemio does not view or store your credit card information. You agree to make all payments for any order placed by you.

You agree to provide current, complete and accurate credit card and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

PRICING

All prices are shown in U.S. dollars. Prices on our website do not include any shipping charges or taxes, which will be charged at checkout. Prices for our products and services are subject to change without notice. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

If you are paying for your order with a credit card issued outside of the United States, your purchase price may change with the exchange rate, and you may be charged a conversion fee by your bank or credit card.  Please contact your bank or credit card company for more information regarding their specific policies for international purchases.

 

ORDER ACCEPTANCE

Our products are for sale to consumers only.  All orders are subject to acceptance by Gemio. We reserve the right, in our sole discretion and at any time, to refuse or cancel any order you place with us, or limit the quantity of your order. This includes, but is not limited to, orders made per person, per address, per order, per account, and per credit card; as well as any order that we believe is placed by a dealer, reseller, or distributor, or with the intent to resell.

Once we receive your order, we will send you an email confirmation.  Please note, however, that our email confirmation is not acceptance of your order. If we cancel an order, you will receive a refund of any amounts that may have been billed to you for the canceled portion of your order.

All offers are void where prohibited.

 

SHIPPING & DELIVERY

Please note that many factors and events may impact the actual delivery of your order, many of which are beyond our control once the product leaves our warehouse.  We are not responsible or liable for any late deliveries.

All products are subject to U.S. and any other applicable export control laws and regulations.

 

COPYRIGHT POLICY

 

We respect intellectual property rights ('bout those brains). It is our policy, in our sole discretion, to terminate the account(s) of anyone who may infringe the copyrights of others as we deem appropriate.

If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and believe that any material available on our website infringes upon your copyrights, please submit a notification of the alleged copyright infringement to the contact provided below in accordance with the Digital Millennium Copyright Act ("DMCA") by providing all the following information:

  • The full legal name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner/exclusive licensor.

  • Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by this the notification, a representative list of the copyrighted works.

  • Identification of the material that is claimed to be infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including URL(s) if possible).

  • Your name, address, telephone number, email address, and/or any other information reasonably sufficient to allow us to contact you.

  • Your notification must also include statements regarding the following:

(1) You have good faith believe that use of the material in the manner described in this notification is not authorized by the copyright owner, its agent or the law.

(2) The information contained in this notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel.

Please deliver the notification to:

By Email: customerservice@gogemio.com

By Mail:

Gemio / Loop Devices, Inc.

Attn: Customer Service

113 Cherry Street #70880

Seattle, WA 98104