Last Modified: May 21, 2024

Privacy Policy

This Privacy Policy (the “Policy”) applies to your use of the website located at https://www.gainguru.com, including any mobile sites, domains, sub-domains, webpages, and country level variants (the “Website”), owned and operated by Gain Guru, LLC, a Florida limited liability company, including our subsidiaries and affiliates (“GainGuru,” “we,” “our,” or “us”). This Policy applies to all visitors and users of the Website and covers how we collect, use, store, and disclose information about you when you use the Website. Please read the Policy carefully, as your use of the Website constitutes your agreement with the Policy. If you do not agree with the Policy, you may not use the Website.

Information We Collect

To provide our services and assure the Website is functioning properly, it is necessary for us to collect certain information, including personal information (i.e., information that could identify you). Accordingly, we collect the following categories of information:

Information You Provide Us

When you create an account, upload content, make a purchase, request support, contact us, or otherwise use the Website, you may provide certain personal information, including:

• User Account and Profile. To access certain features of the Website, we may require you to sign up for an account. If you sign up for an account, we may collect your name, date of birth, e-mail address, phone number, username/password, social media account information, and certain profile information, such as a profile picture. You may update certain information at any time through your account on the Website.
• User Content. If you choose to upload or transmit content on the Website, such as images, videos, audio, and livestreams (collectively, “User Content”).
• Choices. If you interact with other users’ content on the Website such as “following” a user, “liking,” or commenting on a user’s content, or purchasing a subscription to content.
• Messages. If you contact other users through the Website, we may keep a complete log of all such communications and other related information.
• Purchases: If you make a purchase through the Website, we may collect purchase information, such as hashed partial credit card number, the date and time of the transaction, the amount of the transaction, and other related information.
• Support and Inquiries. If you contact us, we may keep a complete log of all such communications and other related information.
• Verification. In order to comply with certain requests that you may have, we may need to verify your identity and/or age.
• Social Media. If you interact with us through our social media platforms, we may collect your name, email address, social media username, and any other relevant information you share or otherwise provide.

Please note, although some of the information we collect may be considered “sensitive” personal information under certain privacy laws, we will handle such information according to the practices outlined in this Policy and applicable law.

Information We Collect Automatically

We may automatically collect the following information when you visit the Website: IP address, certain device hardware and software information, browser information, website usage and access time, and other analytical information, using cookies or other similar technologies, as described below.

Cookies

Like many other websites, the Website uses “cookies” and other similar technologies. The Website may place cookies on your browser to store and retrieve information including your preferences, and the pages on the Website that you have accessed. You may be able to disable or prevent the setting of cookies by adjusting your browser settings, however, disabling cookies may prevent you from accessing certain areas of the Website. Cookies we may set include:

• Functional. Cookies may be used that are essential for the functionality of the Website.
• Login. Cookies may be used when you are logged in to your account so the Website can remember that you are logged in, preventing you from having to log in again during the same session. Such cookies are normally cleared when you logout to ensure that you can only access restricted features and areas of the Website when you are logged in.
• Personalization. Cookies may be used to allow us to remember the choices you have made and to provide you with more personal features.
• Forms. Cookies may be used to remember your user details for future communications when you submit information to us through a form, such as those found on contact pages or comment forms.
• Newsletters. Cookies may be used to remember if you are already registered to receive our newsletters or email subscription services and whether to show you certain notifications depending on same.
• Analytics. Cookies may be used to perform analytical functions, such as measuring and improving the performance of the Website. Any information collected from such cookies will contain de-identified information only.
• Marketing. Cookies may be used by our third-party partners to help us with our marketing efforts. Currently, we use Google and TikTok to track such efforts.

Information Collected from Third Parties

We may collect information about you from third parties, such as social media networks which may help us identify prospective users that may be interested in our services.

How We Use Collected Information

We may use personal information for the following business purposes associated with our services:

• Services. We may use your information in connection with providing and performing our services, processing and completing transactions, providing personalized search results we believe are relevant based your use of our services, sending communications, preventing fraud, and for other related business purposes necessary in our legitimate interests.
• Website. We may use your information in connection with operating, maintaining, and improving our Website.
• Accounts. We may use your information to create and administer accounts and personalize your experience.
• Independent Creators. We may disclose certain user information to participating Independent Creators of the Website such as when a user follows or purchases content from an Independent Creator or otherwise comments on a Creator’s content through messages and “likes.”
• Provide Support and Respond to Inquiries. We may use your information to provide support, respond to your inquiries, and notify you about changes to our services, or Website.
• Promotions. We may use your information to contact you with promotions, offers, information of interest related to our Website or services. You may opt-out of receiving such communications from us by following the instructions provided therein.
• Marketing. We may use your information, including User Content, as well as third party partners who help us with our marketing efforts, to provide you with marketing content, to deliver relevant and targeted marketing to you, and to determine the effectiveness of our marketing. You can view and change certain preferences concerning such use of your personal information through your browser’s cookie settings.
• Legal. We may use your information to protect our legal rights and comply with our legal obligations.
• Confirm Identity. We may use your personal information to confirm your identity.
• Analytics. We may use de-identified information (i.e., information that cannot identify you) to improve our Website and services.
• Other. We may use your information for any other purposes disclosed to you at the time of collection or pursuant to your consent.

Please note that we contract with various third parties to carry out payment processing in connection with any purchases you may make through the Website. The processing and storage of all information you may provide to any such third-party payment processor, including information they may collect from you, is not governed by this Policy. As such, you should review the privacy policy for any such third party, prior to sharing your personal information. Further, for users of the Website in certain jurisdictions located outside of the United States, we rely on legitimate interest as our legal basis for processing the personal information we collect through the Website.

Use of Information by Other Users

This Policy does not relate to how other users of the Website may use or retain the information you choose to upload to the public areas of the Website including your profile information. You should consider all such information to be public information. Moreover, you should consider any information you determine to share through messages, interactions with other user profiles, interactions through your own profile, or any information you otherwise share with other users of the Website through any mechanism to be public information and not covered by this Policy.

How We Disclose Collected Information

Personal Information

We do not sell, rent, or trade your personal information in exchange for monetary considerations. The personal information collected through the Website is used solely for the purposes described herein. Please see the “Your Rights” section below for more information regarding exercising your privacy rights with respect to your personal information. We will only disclose your personal information as follows:

• Users of the Website. Any content that you choose to upload to public areas of the Website, including comments through the website and limited profile information, can be shared among other users of the Website through our services.
• Service Providers. We disclose your information with service providers who work on our behalf to assist us in providing you with our services, including email service providers and payment processors. Our service providers are contractually obligated to comply with this Policy and do not have any rights to use your information beyond what is necessary to assist us in the performance of our services.
• Marketing. We may disclose your information to providers and advertising networks as reasonably necessary to market our services.
• Affiliated Parties. We may disclose your information with our affiliates, subsidiaries, or strategic partners as needed to provide our services.
• Other. We may disclose your information to unaffiliated third parties with your consent.
• Legal. We may disclose your information if we are legally required to do so or if we believe that it is necessary to comply with a law, regulation, or valid legal procedure, such as a subpoena or court order.
• Merger. We may disclose your information if we are merged with or acquired by another entity, however, any such entity would be contractually obligated to comply with this Policy.
• Protection. We may disclose your information to third parties (including, by way of example and not limitation, to law enforcement or banking institutions) if we believe it would be reasonably necessary to prevent imminent and serious harm to a human being or animal, to investigate fraudulent activity or breaches of Website security, or to protect our rights or property.

Non-Personal Information

We may disclose de-identified information (i.e., information that cannot identify you) for any lawful basis including to help us improve our Website and services.

Data Retention

We will retain your personal information for no longer than is necessary for the purpose(s) it was originally collected, unless required by law to retain it longer.

Data Security

We take reasonable appropriate technical and organizational measures to help secure your information. However, you are responsible for taking precautions to secure your account username and password, and you agree that any transactions that occur through your account will be your sole responsibility.

Data Transfers

We are a United States company whose servers are housed in the United States. All information provided to us, and all information we collect, is transferred solely within the United States, and is processed and stored according to United States law.

Children

The Website was not developed or intended for users under 13 years of age (“Children”). We do not knowingly collect information from Children. Children may not use the Website. If you are the parent or guardian of a user below the age of 13, you may contact us at [email protected] and, upon receipt of limited necessary information, we will act to delete such information expeditiously.

Do Not Track

We do not currently respond to “Do Not Track” signals or other similar opt-out mechanisms, other than those specifically set forth in this Policy, including general web browser “Do Not Track” settings.

Your rights

You may be able to exercise the following rights with respect to your personal information depending on the requirements of applicable law in the jurisdiction where you are located:

• The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information was collected, the business purpose for collecting or sharing personal information, the categories of third parties to whom we disclose such personal information.
• The right to know whether your personal information is sold or disclosed, and to whom.
• The right to access the personal information that we have collected about you.
• The right to limit the use and disclosure of your “sensitive” personal information.
• The right to request that we delete all or some of the personal information that we have collected about you.
• The right to request that we correct any personal information that we have collected about you that is inaccurate or incomplete.
• The right to receive the personal information that we hold about you in a portable and, to the extent feasible, a readily usable format that allows you to transmit this information to another entity.
• The right to say no with respect to the sale of your personal information.
• The right to opt out of the sharing of your personal information.
• The right to opt out of the use of your personal information for the purposes of automated decision making or profiling.
• The right to revoke your consent, where we rely on such consent to process your personal information, if any.
• The right not to be discriminated against based upon your exercise of your privacy rights.
• The right to equal service, even if you exercise any such privacy rights.

Please note, any of the foregoing rights that may be available to you will depend both on our reasons for processing your personal information and the requirements of applicable law. Specifically, your particular rights will vary depending on where you are located (e.g., California, the United Kingdom, or the European Union).

You may exercise any of the foregoing rights by emailing us at [email protected] or by contacting us at Gain Guru, LLC, 225 7th Street, Suite. 201, Miami Beach, FL 33139. Please note, you may be able to access, correct, and/or delete certain personal information we have collected about you through your account at any time. Please note, prior to complying with any request, we will need to verify your identity. To verify your identity, you will need to provide us with certain personally identifiable information with your request, including, your name, email address, and any other identification information as may be required to verify your identity in accordance with applicable law. However, we may be unable to process your request if you do not provide us with all such information. In addition, you may designate an authorized agent to exercise your rights on your behalf. However, in addition to providing your information, such agent will be required to verify that he/she has the authority to submit requests on your behalf. We will do so by asking the agent to submit a valid power of attorney executed by you. However, we may not be able to process your request if you and your designated agent do not provide us with such information.

We will respond to most requests within 30 to 45 days of receipt, depending upon where you reside, however, some requests may take longer. We will notify you in writing if we need more time to respond. Please note, we can deny your request if certain exceptions in the law apply. If we deny your request, we will provide you with the reasons for such denial. You may have the right to appeal such a denial. You may submit an appeal to us at the contact information provided above. We will respond to most appeal requests within 45 to 60 days of receipt, depending upon where you reside, however, some requests may take longer. We will notify you in writing if we need more time to respond. In our response to your appeal, we will inform you of any actions taken, or not taken, and the reasons regarding why. Please note, although we do not typically charge a fee to process requests, we may charge a fee for any subsequent request within a 12-month period.

Links

The Website contains links to websites operated by third parties. We provide such links for your convenience only; we do not control such third-party websites and are not responsible for the privacy practices of such websites. It is your responsibility to read and understand third-party privacy policies. The inclusion of such links on the Website do not imply an endorsement of the material on such websites or any association with their owners and/or operators.

Changes to the Policy

We may change the Policy from time to time. If we make any changes to the Policy, we will change the “Last Modified” date at the top portion of this page. We encourage you to visit this page from time to time for the latest developments on our privacy practices. Your continued use of our Website signifies your acceptance of any changes to the Policy.

Contact Information

We welcome your comments or questions regarding this Policy. Please feel free to e-mail us at [email protected].