ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.gestoos.com (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms. If you do not accept these terms, do not use this Website.
1.1 You may access most areas of this Website without registering your details with us.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 Gestoos may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice, because it is binding to you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages on this Website.
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
• (a) no documents or related graphics on this Website are modified in any way;
• (b) no graphics on this Website are used separately from accompanying text;
• (c) Gestoos’ copyright and trade mark notices and this permission notice appear in all copies; and
• (d) any such use is for your own personal use only and no materials shall be used for any commercial purposes whatsoever.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Gestoos or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. You may also be liable to indemnify us against any losses we incur as a result of the use of this Website or any information extracted from it.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Gestoos’ prior written permission. Any rights not expressly granted in these terms are reserved.
3.1 While Gestoos endeavours to ensure that this Website is normally available 24 hours a day, Gestoos shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Gestoos’ control.
4.2 You are prohibited from posting or transmitting to or from this Website any material:
• (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
• (b) for which you have not obtained all necessary licenses and/or approvals; or
• (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in USA any other country in the world;
• (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 Gestoos shall fully co-operate with any law enforcement authorities or court order requesting or directing Gestoos to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
Links to any third party websites on this Website are provided solely for your convenience. Gestoos has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Gestoos therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
6.1 While Gestoos endeavours to ensure that the information on this Website is correct, Gestoos does not warrant the accuracy and completeness of the material on this Website. Gestoos may make changes to the material on this Website, or to the services described in it, at any time without notice. The material on this Website may be out of date, and Gestoos makes no commitment to update such material.
6.2 The material on this Website is provided “as is,” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Gestoos provides you with this Website on the basis that Gestoos excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose, and the use of reasonable care and skill), which but for this legal notice might have effect in relation to this Website.
6.3 Where any information is provided on this Website or in any newsletter or similar correspondence we may send you at any time, such materials are provided for general information and reference purposes only and should not be relied upon. You should seek specific legal advice in relation to any query you may have, and we shall not be liable for any action you take or failure to act following a review of the information placed on the Website.
7.1 Gestoos, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of Gestoos’ partners, employees or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
7.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
This legal notice shall be governed by and construed in accordance with the law of the state of California. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the State and Federal courts of San Francisco.
Issue Date: May 2018
Effective Date: June 1, 2016
Amended: July 1, 2018
Exipple Studio, Inc. d/b/a/ Gestoos ("Gestoos", "we" or "us") know that you care about how the personal data we receive about you is used and shared, and we take your privacy seriously. This Privacy Notice describes Gestoos’ privacy practices in relation to information that we collect through websites operated by us from which you are accessing this Privacy Notice (collectively, the “Domains”), through the software applications made available by us for use on or through computers and mobile devices that link to this Privacy Notice (the “Apps”), through our social media pages and apps located at https://www.facebook.com/Gestoos, https://twitter.com/gestoos, https://plus.google.com/+gestoos and https://www.linkedin.com (collectively, the “Social Media Pages”), and other services provided by us both online and offline; as well as through email messages that we send to you that link to this Privacy Notice (collectively, including the Domains, the Apps and the Social Media Pages, the “Sites”). “You” or “user” refers to any individual who visits or otherwise uses the Sites.
This Privacy Notice does not apply to the practices of third parties that Gestoos does not own or control, or to individuals that Gestoos does not employ or manage.
This Privacy Notice also does not apply to information that we receive or handle on behalf of our subscribers in our role as a service provider. Such information is governed by the terms of the applicable subscription services agreement, rather than this Privacy Notice.
• Personal Data. “Personal Data” is information that, directly or indirectly, identifies you or another individual and which may include: name, title, company name, job function, expertise, postal address, telephone number, email address, browser and device information (including IP Address), and information collected through cookies and other similar technologies. If you submit any Personal Data relating to other people to us or to our service providers in connection with the Sites, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.
• Other Information. “Other Information” is any information that does not and cannot be used to reveal your identity or that of another individual, such as information which has been fully and permanently anonymized and aggregated. We use this information to facilitate our operation of the Sites and for other purposes described below.
We and our service providers collect Personal Data and Other Information in a variety of ways, including:
• Through the Sites: We collect information through the Sites, e.g., when you request a free trial or demo, register for a webinar, contact us, subscribe to our email newsletter, download content (e.g. whitepapers), or register to use our Sites.
• Offline: We collect information from you offline, such as when you attend one of our events, during phone calls with sales representatives, or when you contact a Gestoos representative.
• Through You: Gestoos collects information such as your location or your preferred means of communication when you voluntarily provide it. Unless combined with Personal Data, this information does not personally identify you or any other user of the Sites.
Information From Other Sources: In order to enhance our ability to provide relevant marketing, offers, and services to you, we may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms, as well as from other third parties.
• Through Your Browser or Device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Sites (such as the Apps) you are using. Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever you access the Sites, along with the time of the visit and the page(s) that you visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. Gestoos uses IP Addresses to calculate usage levels of the Sites, help diagnose problems with its servers, administer the Sites, and for monitoring the regions from which you navigate to Gestoos’ Sites.
• Through Your Use of the Apps: When you download and use an App, we and our service providers track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
• Through Cookies and Other Similar Technologies: "Cookies" include commonly used pieces of information in the form of small files that are placed on an individual’s device to enable the individual to more easily communicate and interact with the Sites. When you visit our Sites, we may send one or more cookies to your device. They enable us to store information about your device which helps us, amongst other things, to provide you with a good experience when you browse our Sites and enhance the level of services and functions provided. We also use third parties to serve advertisements on other websites that may be of interest to you, based on information collected about your use of our Sites and other websites. To do so, these companies may place or recognize a unique cookie or similar on your browser. Gestoos recognizes automated browser signals regarding tracking mechanisms, which may include ‘do not track’ instructions.
• By Aggregating Information: Aggregated Personal Data does not personally identify you or any other user of the Sites (for example, we may aggregate Personal Data to calculate the percentage of our users who have a particular telephone area code).
We use Personal Data:
• To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.
• To send administrative information to you, for example, information regarding the Sites and changes to our terms, conditions, and policies.
• To send you marketing communications, including via email and SMS in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you.
• To personalize your experience on the Sites by presenting products and offers tailored to you.
• To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Data, so we suggest that you read these rules carefully.
• For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Sites and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our Affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. We will collect and use your Personal Data where the processing is in our legitimate business interests, such as for direct marketing and sales of our products and services. Our legal basis for processing Personal Data in certain circumstances will also be based on your consent to do so or where we need the Personal Data to perform a contract with you or in order to enter into a contract with you. In some cases, we may also have a legal obligation to collect Personal Data from you.
If we ask you to provide Personal Data to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data).
Subsidiaries and Affiliates:
We disclose Personal Data to our subsidiaries and Affiliates for the purposes described in this Privacy Notice. Gestoos, Inc. is the party responsible for the management of the jointly-used Personal Data.
Third-Party Business Partners:
Gestoos partners with a variety of businesses and works closely with them to market or sell products or services. In certain situations, these businesses operate within the Sites. We may disclose Personal Data to our partners for the purposes described above. Some of our third-party business partners co-sponsor events and other offerings with Gestoos. We may share Personal Data with these co-sponsors when you sign up for events or offerings to allow our partners to send you marketing communications and information that may be of interest to you, as permitted under applicable law.
Agents and Service Providers:
We contract with other companies and people to perform tasks on our behalf and share your Personal Data with some of them to provide products or services to you, or to otherwise communicate with you, such as to provide marketing or offers on our behalf. Examples include removing repetitive information from customer lists, analyzing data, providing marketing assistance, conducting billing, processing credit card payments, engaging technical support for our services, providing customer service, and performing analysis related to our products or services. We also provide your Personal Data to agents and service providers to verify or compile aggregate usage data that we provide to our partners. When we share this information in this way, we require the agent or service provider to maintain the privacy, confidentiality and security of the Personal Data.
Gestoos Blog and Social Media Pages:
Personal Data may also be disclosed by you through the Sites, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Blog and Social Media Pages). This information can appear in public ways, such as through search engines or other publicly available platforms, and can be “crawled” or searched by third parties. Please do not post any information that you do not want to reveal to the public at large.
In some cases, we buy or sell assets or businesses. In these types of transactions, user information is typically one of the business assets that is transferred. Gestoos will disclose Personal Data to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
Profiling and Automated Decision-making:
Gestoos combines data obtained by the methods described in Section 2 to help us determine what products and services might be of interest to you and when you might be ready to make a purchase based on repeated interaction with Gestoos websites, emails, and content. Gestoos marketing and sales personnel are involved in this process and no automated decisions are made that would result in legal effects or similarly significantly affect an individual.
Protection of Gestoos and Others:
We release Personal Data as we believe necessary and appropriate to law enforcement, tax, fraud prevention, credit risk agencies and other companies and organizations for the reasons given in the last bullet point under Section 3 above.
We use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Data under applicable law, then we would use or disclose it in the same way that we use and disclose Personal Data.
In some instances, we may combine Other Information with Personal Data (such as combining your name with the name of your organization). If that combination permits you to be identified, we will treat the combined information as Personal Data for as long as it is combined.
We have implemented appropriate organizational, technical, and administrative measures to protect Personal Data within our organization, including security controls to prevent unauthorized access to our systems. While we take reasonable steps to secure your Personal Data from loss, misuse, interference and unauthorized access, modification and disclosure, you should be aware no security procedures or protocols are ever guaranteed to be 100 percent secure from intrusion or hacking, and there is therefore always some risk assumed by sharing Personal Data online. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Questions, Concerns and Complaints” section below.
If you would like to access, correct, amend, remove or limit the use or disclosure of any Personal Data about you that has been collected and stored by Gestoos, or have it transferred to another organization, please notify us at firstname.lastname@example.org so that we may consider and respond to your request in accordance with applicable law. If you would like to object to the processing of your Personal Data for direct marketing purposes, please use the mechanisms outlined in Section 9 (“What Choices Do I Have?”).
For your protection, we only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we need to verify your identity before implementing your request. We will respond to your request within 30 days.
Please note that we need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such access, change or deletion.
We will retain your Personal Data for a period of time consistent with the original purpose of collection, including to pursue our legitimate business interests, comply with our legal obligations, resolve disputes and enforce applicable agreements.
You can always opt not to disclose information. However, if you elect to do so, we will likely be limited in responding to your inquiry or providing services to you.
You can opt-out of receiving marketing messages from Gestoos or our Affiliates by unsubscribing through the unsubscribe or opt-out link in an email, or by sending an email to email@example.com. We will comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.
The Sites are not intended for minors under the age of 18. Gestoos does not knowingly or specifically collect information about minors under the age of 18 and believes that children of any age should get their parents’ or legal guardians’ consent before providing any Personal Data. If you believe that we have mistakenly or unintentionally collected such information, please notify us at firstname.lastname@example.org so that we can delete the information from our servers.
The Sites permit you to link to other websites on the Internet through direct links or through applications such as “share” or “like” buttons, and other websites likewise may contain links to the Sites. The information practices or content of such other websites is governed by the privacy statements of those websites and not by this Privacy Notice. We encourage you to review the privacy policies found on such other websites, services, and applications to understand how your information is collected and used by them.
Similarly, please note that we are not responsible for the collection, use and disclosure policies and practices (including the data security practices) of other organizations, such as Apple, Facebook, Google, LinkedIn, Microsoft, RIM, Twitter or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including any Personal Data you disclose to other organizations through or in connection with the Apps or the Social Media Pages.
We ask that you not send us or disclose any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, sexual orientation, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Sites or via other means.
Gestoos may amend this Privacy Notice from time to time. The “Effective Date” legend at the top of this page indicates when this Privacy Notice was last revised. Any changes to this Privacy Notice will become effective when we post the revised Privacy Notice on the Sites.
Your Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Sites or disclosing information to us you consent to the transfer of information to countries outside of your country of residence, including the United States, Australia, Germany, Ireland, Israel, Japan, and the UK, which could have different data protection rules than those of your country or the country in which you were located when you initially provided the information. Where required, we put in place a solution to ensure that Personal Data transferred outside of the EEA is subject to adequate protection, namely the European Commission Standard Contractual Clauses.
Your privacy is important to us. If you have any questions, concerns, or complaints regarding the way we collect and handle your information as a data Controller, please us by email at email@example.com, or by mail at:
595 Pacific Ave, Floor 4, San Francisco, CA 94133 ATTN: Privacy Compliance.
Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us.
Gestoos will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
You may have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.