Information You Provide
We collect information you provide directly via the Service, including but not limited to when you register an account, update your profile, access our content, make a purchase, participate in a sweepstakes, contest, survey, or other promotion (“Promotion”), contact customer support, or apply for a job. We may use Service Providers (defined below) to collect this information.
The information we collect includes information that that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you. The following is a list of the categories of information we collect and have collected in the last 12 months:
You may choose to voluntarily submit other information to us through the Service that we do not request, and, in such instances, you are solely responsible for such information.
Information Collected Automatically
GemsNY automatically collects information about your device and how your device interacts with our Service. We may use Service Providers to collect this information. The categories of information we automatically collect and have collected in the last 12 months includes:
Some information about your use of the Service and certain unaffiliated websites or services (described below) may be collected using Tracking Technologies across time and services and used by us and other parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and unaffiliated websites and services.
For further information on Tracking Technologies and your rights and choices regarding them, see the sections entitled “Other Parties” and “Your Rights and Choices” below.
Information from Other Sources
Use of Information
We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the section entitled “Your Rights and Choices” below.
Sharing of Information
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with other parties or affiliates for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the section entitled “Your Rights and Choices” below.
GemsNY does not knowingly collect personal information from children under the age of thirteen (13). In the event that GemsNY ever does so, we will strictly comply with the Children's Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and believe GemsNY has collected such information in a manner not permitted by COPPA, please contact us as set forth in the section entitled “Contact Us” below, and we will remove such data to the extent required by COPPA. In addition, we do not sell the personal information of minors under 16 years old who are California residents.
Other Party Websites And Services
Analytics and Interest-Based Advertising
Our Service contains Tracking Technologies owned and operated by vendors and other parties. For example, we use Tracking Technologies from analytics providers, such as Google Analytics, to help us analyze your use of the Service, compile statistical reports on the Service’s activity, and provide us with other services relating to Service activity and internet usage. We also work with ad serving services, advertisers, and other parties to serve advertisements on the Service and/or on other websites and services. These other parties may use Tracking Technologies on our Service (including in e-mails and advertisements) and on other websites and services to track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you on our Service and other parties’ services or devices after you have left the Service (“Interest-based Advertising”).
We may serve ads on other websites and services, which are targeted to reach people (or similar people) who have visited our Service or that are also identified in one of more of our databases (“Matched Ads”). This is done by us uploading a customer list to another party or incorporating a pixel from another party into our own Service, and the other party matching common factors between our data and their data. For instance, we incorporate the Facebook pixel on our Service and may share your email address with Facebook as part of our use of Facebook Custom Audiences.
For further information on Tracking Technologies and your rights and choices regarding them, please see the sections entitled “Information Collected Automatically” above and “Your Rights and Choices” below.
Review and Update of Account Information
You may access, update, or remove certain account information that you have voluntarily submitted to us through the Service. If you would like to update or revise information in your account, you may do so through your account or by contacting us as set forth in the section entitled “Contact Us” below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. California residents and data subjects in Europe have additional rights as set forth in the sections entitled “Additional Disclosures for California Residents” and “Additional Disclosures for Data Subjects in Europe” below.
Tracking Technology Choices
Please be aware that if you disable or remove Tracking Technologies some parts of the Service may not function correctly.
Analytics and Interest-Based Advertising
You can opt-out of your data being used by Google Analytics through cookies by visiting tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.
Some of the other parties that collect information from or about you on the Service in order to provide more relevant advertising to you participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members, please visit for website opt-out, aboutads.info/choices. In addition, some of these other parties may be members of the Network Advertising Initiative ("NAI"). If you are in the EU, please also visit the EU online choices page at https://www.youronlinechoices.com/. Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. Further, opting-out only means that the selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks).
We are not responsible for effectiveness of, or compliance with, any other parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
To opt-out of receiving email promotions from GemsNY, please follow the unsubscribe instructions in our promotional e-mail correspondence or contact us as set forth in the section entitled “Contact Us” below. Please note that opting out of promotional communication received from GemsNY does not affect our non-promotional communications with you, including those related to your account, orders placed with GemsNY, or our ongoing business relations.
We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect your information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Despite the measures we take, transmission via the Internet is not completely secure and we cannot guarantee the security of your information.
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.
California Notice Of Collection
In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:
For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Use of Information” section, including to provide and manage our Service.
We use and partner with different types of entities to assist with our daily operations and manage our Service. Please review the “Sharing of Information” section for more detail about the parties we have shared information with.
GemsNY does not sell your personal information.
Right To Know And Delete
If you are a California resident, you have the rights to delete the personal information we have collected from you and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
To exercise any of these rights, please submit a request by emailing firstname.lastname@example.org, or call our toll-free number at 1-888-436-7692. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
Right To Non-Discrimination
You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.
Shine The Light
If you are a customer in California, in addition to the rights set forth above, you have the right to request information from GemsNY regarding the manner in which GemsNY shares certain categories of personal information as defined by California’s “Shine the Light” with third parties and/or affiliates for their own direct marketing purposes. To receive this information, send us a request at the address set forth in the section entitled “Contact Us” above. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that GemsNY may provide this information in a standardized format that is not specific to you and is not required to respond to requests made by means other than through the provided e-mail address or mail address.
Any California residents under the age of eighteen (18) who have registered to use the Service and posted content or information on the Service, can request that such information be removed from the Service by sending an e-mail to the e-mail address set forth in the section entitled “Contact Us” below. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us at email@example.com.
GemsNY does not sell your personal information.
EU data protection law makes a distinction between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). GemsNY, located at the address in the section entitled “Contact Us” above, is the controller with respect to information you provide through the Service.
EU data protection law requires a “lawful basis” for processing personal data. Our lawful bases include where:
Data Subject Rights
If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Service. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Service. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
To exercise any of these rights, contact us as set forth in the section entitled “Contact Us” above and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Please note that we store information as necessary to fulfill the purposes for which it was collected and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.
By email: firstname.lastname@example.org
By mail: GemsNY Corp., attn: Legal (Privacy), 20 West 47th Street, Suite 606, New York, NY 10036, USA