1. Introduction
Gather Innovations, Inc. (“Gather”, “we”, “us”, or “the company”) respects your privacy and our commitment to keep your personal information secure. This Privacy Policy describes what personal information we collect about you, how that information is used and shared, and the steps we take to keep that information protected. The provisions of this policy apply to any information collected through the use of the Gather website and any related websites (blog, social media, etc.), applications, tools, or platforms (our “Services”). For privacy-related inquiries please contact via email at support@gather.app.
2. Our Services
Gather provides cloud-based software services to funeral homes and other funeral service providers (“Our Customers”) by offering case management, LiveStreaming, websites, payment processing, ecommerce, marketing, accounting and other related business and operational services. Our Customers utilize our Services to collect and store personal information regarding their customers and other individuals (“End Users”). This Privacy Policy applies to personal information collected, stored and used by Gather, but does not apply to our Customers' use or treatment of such personal information.
3. Information
At Gather, we collect personally identifiable information (“PII”) and non-personally identifiable (“Non-PII”) information from you or from our Funeral Home clients regarding you in order to practice business operations. Personally identifiable information is information that can be used to identify you personally. Non-personally identifiable information is information that must be combined with other information to identify you personally. When you access or use the Services or otherwise interact with Gather, whether as a Customer, End User, or other individual, we may collect (either directly or indirectly) certain categories of personal information about you from a variety of sources.
Categories include:
Personally Identifiable Information (PII): Name, email address, phone number, postal address, other contributions onto our webpages (photo uploads, text posts, disclosure of relationships to others, etc.), unique personal identifier, Internet Protocol address, and other similar PII. This PII may be collected from a variety of sources.
Sensitive Personally Identifiable Information (PII): You may have sensitive personal information collected (most commonly if you are doing business with one of our death care clients), such as birth date, education, employment history, Social Security number, insurance policy number, signature, physical characteristics, relationships to others, financial information, and other sensitive PII used for regular business activity. This sensitive PII may be collected from a variety of sources.
Characteristics of protected classification: While collecting PII, it is possible characteristics of protected classification would be collected (most commonly if you are doing business with one of our death care clients), such as race, religion, sexual orientation, gender identity, gender expression, and age and other PII used for regular business activity. This PII may be collected from a variety of sources.
Commercial information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies (most commonly collected if you are doing business with one of our death care clients).
Technical information: browser type, IP address, cookies, operating system, etc.
Geolocation data: in order to offer personalized experiences and support
Non-public education information (per the Family Educational Rights and Privacy Act).
Gather Account Information: username, password, etc.
Communications: questions, posts, etc.
Usage information: pages visited, search terms entered, frequency of visits, etc.
End User Contributions: including Remember Page photo data, as well as data entered in obituaries, posts, and comments
We implement Google Analytics and Intercom to help our customers use our services, collect and analyze information about the use of the website, and help us understand activities and trends. This includes the use of Google Analytics performance reports relating to demographics and interests. As part of this service, we share a unique identifier with Google Analytics.
You may opt out of Google Analytics. To do so, install a Google Analytics opt-out browser add-on available for download here: https://tools.google.com/dlpage/gaoptout.
Finally, we may collect personal information under a legal or contractual requirement, and failure to provide such information may impact our ability to fulfill our obligations.
4. Use of Your Information
We may use the personal information that we collect for the following purposes:
Administering Your Account: Including providing you with access to our Services, improving those Services, answering any questions or troubleshooting problems, and sending administrative communications.
Business Development: We may use your feedback and information collected to improve on our Services, and for general business development.
Security and Privacy: Your information may be used to help protect the security of our Services, for internal audits and investigations, for data security testing, and to prevent improper use or unauthorized conduct involving our Customers, employees, business assets or any of our products.
Marketing Purposes: Your information may be used to send you relevant promotional materials about our new services or products. We may also use your personal information for our marketing materials, however, we will ask for your specific permission before doing so.
Corporate Transactions: We may use your personal information in the event of a merger, acquisition, reorganization, asset sale, or when seeking additional investors for the business. Your personal information may also be used in the event of a bankruptcy.
Employment and Hiring: If you apply for a job with us, we may use your personal information to evaluate you for employment. Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any US laws or if a violation of the Terms of Service or the Privacy Policy has occurred.
5. Accessing, Editing, and Removing Your Information
You may edit most of your information by removing or changing the information listed in your account. For all of your information collected by us, you may request to review, change, or access any of your information by emailing support@gather.app. Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact us at support@gather.app.
6. How Long We Keep Your Information
We may keep personal information for as long as necessary to continue providing Services, to operate the business, allow us to communicate with you, for troubleshooting purposes, for research and development of future Services, or to satisfy any legal or contractual obligations. After you have canceled your account, please be aware that we may keep inaccessible copies of your information subject to our data retention policies. When requested, we will anonymize or dispose of Your collected information.
7. Cookies and Tracking
We use cookies to provide our Platform and the related services to you. Therefore, you must have cookies enabled in your browser to use our Platform. Please be aware that some or all of our cookies may be accessible by third parties. We may also employ other tracking methods to understand how you use and interact with our Platform.
Cookies
When you visit our website or use our Services, we may use cookies. A “cookie” is a small text file that a web browser places on your computer or mobile device. Your browser then uses that information to collect anonymous browsing information when you visit a website. Cookies help us understand how the website is being used and improve your user experience. You may decline cookies through your browser settings; however, doing so may limit your ability to use certain website features or our Services.
Google Analytics
We use Google Analytics to help us understand how users interact with our Services by identifying site activities and trends. Your information may be collected and shared with Google via a unique identifier as part of this practice. You can opt out of Google Analytics by following the directions here: https://tools.google.com/dlpage/gaoptout.
Intercom
We use Intercom to help our customers with support, install support-based information and education on web pages and market our products and services to users. Intercom is also utilized to view Your browsing history while interacting on web pages hosted by Gather. Your information may be collected and shared with Intercom as part of this practice.
8. Third-Party Access to Your Information
In certain circumstances, we may share your personal information with third parties, including the following:
With Service Providers: We may disclose your information to third party vendors who provide services on our behalf, including, but not limited, to payment processing, email service providers, website development and hosting, ecommerce and marketing, vendors providing funeral-related items such as flowers or memorial items, and data analytics. Your information may also be disclosed to our insurance providers, accountants, attorneys, or other professional advisors.
With Affiliates: Your information may be disclosed, shared, or transferred to other business entities or group companies that we own and control.
In Marketing Materials, Blogs, Social Media Posts, and Testimonials: We may choose to share your personal information, such as your business name, in our advertising, testimonials, blog posts, and other related marketing materials. Additionally, if you choose to post any information in a public forum (i.e. social media posts), your information may be visible to the general public.
In a Business Transaction: In the event that Gather, or any portion of our assets, are purchased, merged with, transferred to, or invested in by another company, your information may be disclosed to relevant third parties involved in those business transactions. Your information may also be shared as necessary in the unlikely event of a bankruptcy.
To Protect Our Rights: Gather reserves the right to disclose your information if required to do so by law or to prevent unlawful activity, to comply with law enforcement agencies, or to protect the Company from unlawful activity or violation of our policies.
9. Law Enforcement
You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated US laws or the terms of our Terms of Service or Privacy Policy or if we believe that a third party is at risk of bodily harm. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any law of the United States or any other country having jurisdiction over us, our Platform, or our Terms of Service. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or federal authorities, as required.
10. Opt Out of Commercial, Non-Commercial Communications and Do Not Track
If you decide to provide us with your contact information, you agree that we may send you communications via text and emails. However, you may unsubscribe from certain communications by notifying Gather that you no longer wish to receive these communications, we will endeavor to promptly remove you from our system once we have received that request. We currently do not offer functionality for you to opt out through “do not track” listings. If you wish to opt out of certain communications or information collection, please contact us at support@gather.app.
11. Third Parties
Gather or other users may post links to third party websites on Platform, which may include information that we have no control over. When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties. Gather bears no responsibility for the information collected or used by any advertiser or third party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.
12. Security Measures
We help protect your information from unauthorized access or use by utilizing reasonable and adequate technology safeguards, as well as administrative, physical security, and confidentiality measures designed to keep your information secure. Any third party service providers acting on our behalf or with whom your personal information may be shared are also required to use security and confidentiality measures in accordance with industry standards.
However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
13. Your California Privacy Rights
If you are a California resident, you may ask businesses to disclose what personal information they have about you and what they do with that information, to delete your personal information, to direct businesses not to sell or share your personal information, to correct inaccurate information that they have about you, and to limit businesses’ use and disclosure of your sensitive personal information:
Right to know: You can request that a business disclose to you: (1) the categories and/or specific pieces of personal information they have collected about you, (2) the categories of sources for that personal information, (3) the purposes for which the business uses that information, (4) the categories of third parties with whom the business discloses the information, and (5) the categories of information that the business sells or discloses to third parties. You can make a request to know up to twice a year, free of charge.
Right to delete: You can request that businesses delete personal information they collected from you and tell their service providers to do the same, subject to certain exceptions (such as if the business is legally required to keep the information).
Right to opt-out of sale or sharing: You may request that businesses stop selling or sharing your personal information (“opt-out”), including via a user-enabled global privacy control. Businesses cannot sell or share your personal information after they receive your opt-out request unless you later authorize them to do so again.
Right to correct: You may ask businesses to correct inaccurate information that they have about you.
Right to limit use and disclosure of sensitive personal information: You can direct businesses to only use your sensitive personal information (for example, your social security number, financial account information, your precise geolocation data, or your genetic data) for limited purposes, such as providing you with the services you requested.
You also have the right to be notified, before or at the point businesses collect your personal information, of the types of personal information they are collecting and what they may do with that information. Generally, businesses cannot discriminate against you for exercising your rights under the CCPA. Businesses cannot make you waive these rights, and any contract provision that says you waive these rights is unenforceable.
Please contact us by email at support@gather.app below if you would like to exercise your rights to have your personal information. You may need to provide additional personal information for the purposes of identifying you and verifying your identity.
14. Children’s Policy and Age Compliance
Gather does not knowingly collect or maintain any information from children under 13 years of age. Our site and services are not directed or marketed toward children. If you are a parent or legal guardian and have discovered your child has provided us with their personal information without your consent, please contact us so that we may remove their information from our system.
15. International Transfer
Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. PII and Non-PII that is submitted to Gather will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and this policy. If you are a non-U.S. member, you acknowledge and agree that Gather may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries.
16. Merger and Acquisition
In the event that Gather is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
17. Amendments to Privacy Notice
Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Platform. If you do not agree, you must immediately cease using our Platform and notify us of your refusal to agree by e-mailing us at support@gather.app.
18. Contact
If you have any questions or concerns regarding our privacy policies, please send us a detailed message by email to support@gather.app or by mail to:
Gather Innovations, Inc.
Attn: Gather
350 N. Mitchell Street
Boise, ID 83704
We will make every effort to resolve your concerns.