Privacy Policy

Last updated: May 25, 2021

This Privacy Policy provides a comprehensive description of how Gekkoto Inc. (“Gekkoto,” “we,” “our,” or “us”) collects, uses, and shares information about you as well as your rights and choices regarding such information. It applies to our applications, such as the Evolve application (the “Applications”), and any online location that links to this Privacy Policy (collectively, the “Services”).

By using the Services, you agree to our Terms of Use and consent to our collection, use and disclosure practices, and other activities as described in this Privacy Policy. If you do not agree and consent, discontinue use of the Services.

If you have any questions or wish to exercise your rights and choices, please contact us as set out in the "Contact Us" section.

Information Collection

Information You Provide

We collect information about you when you use the Services including information you provide when you download and use our Applications, access our content, make a purchase, participate in a promotion, communicate with us via social media sites, or contact customer support. Depending on how you use the Services, the categories of information we collect, include:

  • Account, Contact, and Profile Information
    We collect account information such as your name, username, email address and password if you create an account to use the Services. We also collect your contact information such as your name and email address if you contact customer support.

    We collect demographic information you provide including your age, gender, or geographic location if you create an account to use the Services. We collect profile information such as your interests, preferences and favorites to provide you with a personalized experience when using the Services.

  • Content You Share
    We collect information about the content you share. This includes messages you send us such as product feedback or customer support inquiries, information that you publicly post on the Services such as posting a comment on our website, or information you publicly post about us on 3rd party services such as an app store review or a social media post that publicly references our Services (e.g., by using a hashtag associated with Gekkoto in a tweet or post).

  • Payment Information
    We collect your payment information when you pay to use certain paid features of the Services. Payment information includes an in-app purchase receipt when a purchase is made through using your device or payment card and other payment details that you provide to us.

  • Third-Party Accounts
    We allow you to sign up and log in to the Services using accounts you create with third-party services such as Facebook, Google or Apple. If you access the Services with third-party accounts, we collect information that you have agreed to make available such as your name, email address, profile information and preferences. These third-party services may independently collect and solicit information about you. The information collected and stored by those parties is governed by the privacy policies of the third-party services.

You may choose to voluntarily provide other information to us that we do not request, and, in such instances, you are solely responsible for such information.

Service Use Information

We automatically collect usage information from your browser, computer, or mobile device when you use the Services. This includes technical information about the type of device or browser you use such as model number and operating system version, device and advertising identifiers, and network identifiers such as an IP address. We also automatically collect information when you view our advertisements on the web or read our marketing communications such as emails, see “Analytics and Advertising” section below.

The Services commonly use first-party and third-party tracking technologies to automatically collect usage information. These include:

  • Log Files, which are files that record events that occur in connection with your use of the Services. The information stored in these files includes your IP address, pages you visit, features you use, products and services you view and purchase, the time of day you browse or use the Services, and your referring and exiting pages.

  • Cookies, which are small data files stored on your device that act as a unique tag to identify your browser. We use cookies when you interact with the Services through your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, understanding application usage patterns, and supporting security features. Additionally, persistent cookies allow us to bring you relevant advertising. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.

  • Pixels (also known as web beacons), which is code embedded in a website, video, email, or advertisement that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or a separate entity to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from separate entities that allow us to track our conversions, bring you advertising, and provide you with additional functionality.

  • App Technologies, which are technologies included in our apps that are not browser-based like cookies and cannot be controlled by browser settings. For example, our apps include SDKs, which is code that sends information about your use to a server. These SDKs allow us to understand application usage patterns, improve product quality, and track our conversions, bring you relevant advertising, and provide you with additional functionality, such as the ability to connect our Services with applications owned and operated by other entities.

  • Location-Identifying Technologies, which are technologies that can identify your approximate geographic location such as city or postal code based upon your IP address or Internet Service Provider (ISP).

For further information on how we use tracking technologies for analytics and advertising, and your rights and choices regarding them, see the “Analytics and Advertising” and "Your Rights and Choices" sections below.

Other Information

We also collect information from other sources. This includes 3rd party sources such as App Store transaction data, or data brokers that provide us with market research and insights. We collect information from partners that offer co-branded services, sell or distribute our products, or engage in joint marketing activities. We also use information from publicly available sources including data in the public domain.

We collect and use information for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our business and commercial purposes for collecting and using information include:

  • Operating and managing our Services.

  • Performing services requested by you, such as responding to your comments, questions, and requests, and providing customer service.

  • Sending you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.

  • Preventing and addressing fraud, breach of policies or terms, and threats or harm.

  • Monitoring and analysing trends, usage, and activities.

  • Conducting research, including focus groups and surveys.

  • Improving the Services and other Gekkoto websites, apps, marketing efforts, products and services.

  • Developing and sending advertising, direct marketing, and communications about our and other entities’ products, offers, promotions, rewards, events, and services.

  • Conducting promotions, including verifying your eligibility and delivering prizes in connection with your entries.

  • Fulfilling any other purpose at your direction.

  • Providing you with notice and requesting your consent to a purpose not disclosed in this Privacy Policy.

Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we use information about you, please see the "Your Rights and Choices" section below.

Sharing of Information

We share information we collect in accordance with the practices described in this Privacy Policy. The categories of parties with whom we share information include:

  • Service Providers. We share information with service providers that process information on our behalf. Service providers assist us with services such as payment processing, data analytics, marketing and advertising, website hosting, and technical support. We contractually prohibit our service providers from retaining, using, or disclosing information about you for any purpose other than performing the services for us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.

  • Vendors and Other Parties. We share information with vendors and other parties for analytics and advertising related purposes. These parties may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, see the “Analytics and Advertising” section below.

  • Affiliates. We share information with our affiliates and related entities, including where they act as our service providers or for their own internal purposes.

  • Partners. We share information with our partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing activities.

  • Promotions. Our promotions may be jointly sponsored or offered by other parties. When you voluntarily enter a promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials.

  • Public Forums. We share information you make public through the Services, such as information in your profile or that you post on public boards. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information, subject to additional rights set out in the "Your Rights and Choices" section below.

  • Merger or Acquisition. We share information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.

  • Security and Compelled Disclosure. We share information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also share information to protect the rights, property, life, health, security and safety of us, the Services or anyone else.

  • Facilitating Requests. We share information at your request or direction.

  • Consent. We share information with notice to you and your consent.

Notwithstanding the above, we may share information that does not identify you (including information that has been aggregated or de-identified) except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the "Your Rights and Choices" section below.

Other Parties

We offer parts of our Services through websites, platforms, and services operated or controlled by other parties. In addition, we integrate technologies operated or controlled by other parties into parts of our Services.

  • Links. Our Services include links that hyperlink to websites, platforms, and other services not operated or controlled by us.

  • Liking, Sharing. We may embed a pixel or SDK on our Services that allow you to “like” or “share” content with another party, such as social networks. If you choose to engage with such integration, we may share with the other party information that you have authorized to share. Please note that the other party may independently collect information about you through the integration.

  • Brand Pages and Chatbots. We may offer our content through social media. Any information you provide to us when you engage with our content (such as through a brand page or via a chatbot, such as customer service chatbot) is treated in accordance with this Privacy Policy.

Please note that when you interact with other parties, including when you leave our Services, those parties may independently collect information about you and solicit information from you. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

Analytics and Advertising

We use analytics services to help us understand how users access and use the Services. In addition, we work with agencies, advertisers, ad networks, and other technology services to place ads about our products and services on other websites and services. For example, we may place ads through Google and Facebook that you may view on their platforms as well as on other websites and services.

As indicated above, vendors and other parties may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

For further information on the types of tracking technologies we use on the Services and your rights and choices regarding analytics, please see the "Service Use Information" and "Your Rights and Choices" sections.

Your Rights and Choices

Tracking Technology Choices

  • Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.

  • App Technologies. You can stop all collection of information via an app, such as the Evolve App, by uninstalling the app.

Communications

  • E-mails. You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at the email address set out in the "Contact Us" section below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or our ongoing business relations.

  • Push Notifications. If you have opted-in to receive push notification on your device, you can opt-out at any time by adjusting the permissions in your device or uninstalling our app.

Please note that your opt out is limited to the email address and device used and will not affect subsequent subscriptions.

California Shine the Light

Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in "Contact Us" above and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

Children

The Services are intended for general audiences and not directed at children under 13 years old. We do not knowingly collect personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) from children. If you are a parent or guardian and believe we have collected personal information in violation of COPPA, contact us at support@gekkoto.com. We will remove the personal information in accordance with COPPA.

Data Security

We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.

International Transfer

We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Services from outside of the U.S., please be aware that information collected through the Services may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Services or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Policy.

Changes to this Privacy Policy

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Services indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice to your email address.

Contact Us

If you have any questions or comments about this Privacy Policy, our data practices, or our compliance with applicable law, please contact us at support@gekkoto.com.

Additional Disclosures for Nevada Residents

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. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at support@gekkoto.com.

Additional Disclosures for California Residents

These additional disclosures apply only to California residents. 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.

Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:

  • Identifiers, including name, email address, and online identifiers (such as IP address).

  • Customer records, including phone number, billing address, and credit or debit card information.

  • Characteristics of protected classifications under California or federal law, including age and gender.

  • Commercial or transactions information, including records of products or services purchased, obtained, or considered.

  • Internet activity, including browsing history, search history, and interactions with a website, email, application, or advertisement.

  • Geolocation data.

  • Inferences drawn from the above information about your predicted characteristics and preferences.

For further details on information we collect, including the sources from which we receive information, review the “Information Collection” section above. We collect and use these categories of personal information for the business purposes described in the “Use of Information” section above, including to manage our Services.

Under the CCPA, “sell” is defined broadly, and some of our data sharing practices may be considered a “sale.”

We do not generally sell information as the term “sell” is traditionally understood.

To the extent “sale” under the CCPA is interpreted to include the activities set out in this Privacy Policy, such as those disclosed in the “Analytics and Advertising” section above, we will comply with applicable law as to such activity. We disclose the following categories of personal information for commercial purposes: identifiers, characteristics, commercial or transactions information, internet activity, geolocation data, and inferences drawn. Please review the “Sharing of Information” section above for further details about the categories of parties with whom we share information.

Right to Know and Delete

You have the right to know certain details about our data practices in the past 12 months. In particular, you may request the following from us:

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information was collected;
  • The categories of personal information about you we disclosed for a business purpose or sold;
  • The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
  • The business or commercial purpose for collecting or selling the personal information; and
  • The specific pieces of personal information we have collected about you.

In addition, you have the right to delete the personal information we have collected from you.

To exercise any of these rights, please submit a request through our Online Form or email us at support@gekkoto.com. 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.

Right to Opt-Out

To the extent Gekkoto sells your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by clicking Do Not Sell My Personal Information or emailing us at support@gekkoto.com.

Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require signed 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 your rights.

Children

We do not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.

Accessibility

This Privacy Policy has been designed to be accessible to people with disabilities. If you experience any difficulties accessing the information here, please contact us at support@gekkoto.com.

Additional Disclosures for Data Subjects in Europe

Roles

Data protection laws in Europe distinguish 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”). Gekkoto acts as a controller with respect to personal data collected as you interact with our websites, applications, emails, and advertisements.

Lawful Basis for Processing

Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our service providers or partners; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests. Where applicable, we will transfer your personal data to third countries subject to appropriate or suitable safeguards, such as standard contractual clauses.

Your Data Subject Rights

You have the right to access, rectify, or erase any personal data we have collected about you. 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. 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, please contact us as set out in the "Contact Us" section above and specify which right you are seeking to exercise. We will respond to your request within 30 days. We may require specific information from you to help us confirm your identity and process your request.

Please note that we retain information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use 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 may contact us as set out in the "Contact Us" section above. You also have the right to lodge a complaint with the data protection regulator in your jurisdiction.