• You have provided your consent for us to use your personal information for a specific purpose;
• Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased);
• The processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention) or
• The processing is necessary to support our legitimate interests as a business (e.g., to improve our services to you), subject to your overriding interests and fundamental rights, and provided it is conducted at all times in a proportionate way.

How Do We Use The Information Collected

We will use your personal information for the following purposes:

• To ensure top-tier service and security, we operate the Site, fulfil our commitments to you, and continually enhance and tailor our services. This involves utilizing personal information for various purposes, such as verifying your identity, establishing and managing your account, managing passwords, logging your interactions, facilitating communication with other members, offering customer support, and occasionally contacting you. By leveraging this information, we refine and enhance our services, evaluate our performance, understand your preferences and behaviours, and customize your experience. This includes providing tailored Gig suggestions, optimizing search results, and more.
• To maintain the integrity of the marketplace, prevent fraud, and uphold a secure environment for our users and services, we utilize personal information for various purposes. These include monitoring and preventing illegal, fraudulent, or inappropriate activities, ensuring the integrity of content, conducting security investigations and risk assessments, verifying information provided by users, investigating reports and complaints, enforcing our Terms of Service, and complying with relevant laws. We employ behavioral analytics to achieve these objectives. In certain instances, if we identify activity that poses a risk to the Gigred marketplace, its users, our community, or third parties, automated processes may restrict or limit your access to Gigred. If you wish to contest such a decision, please reach out to us at [email protected].
• To contact you, as requested by you or as otherwise approved by you or permitted according to this Policy.
• To enhance visibility and promote the Site, our services, and the Gigred marketplace, we utilize the data gathered from you for several purposes. These include sending direct marketing messages (as outlined below), presenting information tailored to your interests, and coordinating referral programs, contests, or other promotional initiatives or events.
  
• To maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations.

We will ask for your consent before using information for a purpose other than those set out in this Policy.

Direct marketing:

• We employ your personal details to deliver direct marketing communications regarding Gigred's products, services, or promotions that might appeal to you or relate to our services. These communications may be distributed via email, postal mail, SMS, telephone, or targeted online advertisements.
• Our use of your personal information for marketing purposes is founded upon our legitimate interest, your consent, or other legal bases sanctioned by relevant laws. You retain the right to halt any form of direct marketing at any juncture. You can do so by utilizing the opt-out link included in each communication or by sending an email to [email protected].
• We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.

This Site is additionally safeguarded by reCAPTCHA. The collection of data by reCAPTCHA is subject to the Google Privacy Policy and Terms of Service. The integration of Google reCAPTCHA is essential for thwarting fraud and misuse of the Site through automated means. For further details, please refer to Google's privacy policy.

How Long Do We Keep Personal Information?

We adhere to a general guideline of retaining personal information solely for the duration necessary to fulfill the intended purpose of its collection. Nonetheless, there are situations where we may prolong the retention of your personal information. We will do so for the following purposes:

• As long as it is necessary and relevant for our operations, e.g., so that we have an accurate record of your dealings with us in the event of any complaints or challenges;
• In relation to personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms, and take other actions as permitted by law;
• To comply with statutory or other obligations to which Gigred is subject; and
• If and to the extent necessary, we need it to preserve evidence within the statutes of limitation.

Children

This Site is accessible to users who are 18 years of age or older and who are legally eligible to enter into binding contracts. Minors aged under 18 but at least 13 years old may only utilize the Site through an account held by a parent or legal guardian, with appropriate permission. Individuals under 13 years old are not permitted to access the Site or Gigred services. We do not knowingly gather personal information from children under 13. Parents and guardians are advised to supervise their children's online activities. Should we become aware of collecting personal information from a child under 13, we will promptly delete it. If you suspect that we may have information regarding a child under 13, please contact us at [email protected].

Sharing Personal Information with Third Parties

We share your personal information with third parties as detailed below:

With other users and Site visitors: Upon registration, your username, country, and additional activity-related information become publicly accessible and visible to all Site users, including uploaded photos, published portfolios, Gig details, ratings, reviews, and any supplementary profile information. Additionally, participation in public forums, blogs, and similar features allows for public engagement. Certain details, such as your username and profile, along with associated uploaded content, are publicly showcased when utilizing such features. Information is also disclosed to other users when messaging or communicating with them. When publishing information or sharing data with other Gigred users, including Freelancers providing services via Gigred, it is done at your own risk. Shared personal information is treated separately by other users as controllers, although Gigred's Terms of Service require Freelancers to maintain confidentiality. However, universal compliance cannot be guaranteed, and it remains your responsibility to ensure that other users adhere to your standards.

With users with whom you interact: We disclose personal information to facilitate interactions between users. For instance, if you're a Client, we may share specific details about you (such as being a first-time purchaser on Gigred) with the Freelancer to ensure the services you receive align with your requirements. This sharing of information is confined in scope and aims to enhance the services offered by the Freelancer and your overall user experience.

With Service Providers: We share personal information with service providers for business purposes, enabling them to furnish services crucial for operating the Site, establishing and managing your account, and delivering additional services and solutions. These providers encompass various entities such as hosting services, billing and payment processors, fraud detection and prevention services, CRM systems, forum hosting, community management services, cybersecurity services, web analytics tools, translation tools, IT SaaS services, session recording, communication systems, mailing systems, data optimization and marketing services, data enrichment services, legal and financial advisors, and technical consultants. In compliance with relevant legal mandates, we implement suitable technical and organizational measures mandating third parties to adequately protect personal information and process it solely in alignment with our directives.

User Report: When you file a report or complaint regarding a user, we may disclose personal information about you to the concerned parties to enable them to safeguard their rights or as necessitated by applicable laws.

For legal reasons: We disclose personal information to law enforcement agencies, public authorities, or other relevant parties to comply with a subpoena, court order, judicial process, or regulatory request if compelled by law or if we reasonably believe such action is necessary to comply with legal obligations. This includes instances where we consider it necessary or appropriate to divulge personal information to law enforcement authorities to investigate actual or suspected fraud, violations of law, security breaches, or breaches of this Policy, as well as to address claims against us and to safeguard the rights, property, or personal safety of Gigred, our customers, or the public.

For payments and fraud detection: We disclose personal information to payment processors, fraud detection agencies, and similar third parties to facilitate payments made through the Site, enhance the Site's security, and safeguard it against fraud, unauthorized transactions (including money laundering), claims, or other liabilities.

With social media partners: We share restricted personal information with social media platforms and marketing partners, like Facebook and Google, to advertise our services or the Gigred marketplace. These features and third-party services gather certain details about you and may utilize cookies to enable their functionality. The policies governing these third parties' features are dictated by their respective policies.

With our corporate affiliates: We disclose personal information to Gigred's corporate affiliates for business and operational reasons. This includes operating our businesses, offering additional services to you, preventing fraud, ensuring secure services, promoting our and our affiliates' services, and fulfilling other purposes outlined herein.

In the context of a corporate transaction: Personal information will also be divulged in the event of a business transition, such as a merger, sale, transfer of all or a portion of Gigred's assets, acquisition, bankruptcy, or similar occurrence. Should we sell any business or assets, your data will be disclosed to the prospective Client. Furthermore, if we or a significant portion of our assets are acquired by a third party, the information we hold about our users will be one of the transferred assets.

Where We Process Your Personal Information

Some of the personal information you furnish to us may be stored or processed on our behalf by third-party suppliers and data processors, potentially situated in other jurisdictions like the United States and India, where laws may differ from your own jurisdiction. Whether to third parties or internally, there may also be transfers of personal information from the European Economic Area (EEA) to countries outside the EEA that need to be considered to offer an adequate level of data protection from a European perspective, such as the United States. Regarding data transfers to such recipients outside the EEA, we implement appropriate safeguards, notably by adopting European Union (EU) standard contractual clauses as periodically amended and/or equivalent data transfer measures. We undertake all reasonable steps to ensure that your personal information is handled securely and in accordance with this Policy.

Cookies

We utilize cookies and comparable technologies to enhance and customize your experience, deliver our services, analyze website performance, and for marketing objectives. When the utilization of cookies on our Site entails processing your personal information, this Policy is applicable. The varieties of cookies employed by us and our associates concerning the Site and our service fall into three categories: "essential cookies," "analytics cookies," and "marketing cookies."

For further insights into how we and our third-party service providers utilize cookies and your ability to manage these cookies, please refer to our Cookie Policy.

Do Not Track

"Do Not Track" (DNT) is a privacy setting that users can activate in certain web browsers, enabling them to decline tracking by websites and online services. While we do not comply with browser requests to abstain from online tracking (referred to as "Do Not Track"), our Cookie Policy outlines the procedure for opting out of receiving cookies.

External Links

Please be aware that the Site includes links to third-party websites. If you navigate to a third-party site from our Site, any information you provide to that Site and its usage by the third party is beyond Gigred's control and not governed by this Policy. It's advisable to review the privacy policies of each Site you visit. This Policy exclusively pertains to personal information gathered by our Site. If you upload content, including personal information, to a social network and tag the Site, your submission will be subject to the terms of use and privacy policy of that social network, even if you post on an official Gigred page on the social network. We lack control over these terms of use and privacy policies and have not assessed their adequacy. Thus, it's advisable to review them before providing any personal information.

Security

We employ technical and organizational measures to uphold the security of the Site, our services, and personal information, aiming to prevent unauthorized access, loss, misuse, alteration, destruction, or damage through industry-standard technologies and internal protocols. Notably, we maintain a PCI DSS (Payment Card Industry Data Security Standards) certification regularly, particularly concerning credit card payments, as mandated. Furthermore, we ensure through contractual agreements that any third party handling your personal information maintains the confidentiality and integrity of your data securely. Nonetheless, while we strive to safeguard your personal information to the best of our ability, the transmission of data over the Internet is only partially secure. Despite our efforts, we cannot guarantee the absolute security of data transmitted to the Site. Upon receiving your data, we implement stringent procedures and security measures to deter unauthorized access.

Users who have registered to the Site agree to keep their password in strict confidence and not disclose such password to any third party.

Further information about our data security practices can be provided on request.

Specific Provisions for EU, EEA and UK Users

This section of the Policy applies to you if you are in the EU, the European Economic Area (EEA) or UK.

Gigred Studios Private Limited, India, is the controller (within the meaning of the EU and UK General Data Protection Regulation (“GDPR”)) for the processing of personal data as described in this Privacy policy.

Under applicable EU regulation, you have the following rights in respect of your personal information:

• To obtain information about how and on what basis your personal information is processed and to obtain a copy;
• To rectify inaccurate personal information;
• To erase your personal information in limited circumstances where (a) you believe that it is no longer necessary for us to hold your personal information, (b) we are processing your personal information on the basis of legitimate interests, and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; ( c)where you have provided your personal information to us with your consent and you wish to withdraw your consent, and there is no other ground under which we can process your personal information; and (d) where you believe the personal information we hold about you is being unlawfully processed by us;
• To restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful, but you object to the erasure of the personal information; (c ) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim or (d) you have objected to us processing your personal information based on our legitimate interests, and we are considering your objection;
• To object to decisions that are based solely on automated processing or profiling;
• Where you have provided your personal information to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller or
• To obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.

In specific situations, you may have the right to object, based on reasons related to your individual circumstances, to the processing of your personal data by us, which may necessitate us to cease processing your personal data. Additionally, if your personal data is processed for direct marketing, you hold the right to object at any time to the processing of personal data concerning you for such marketing purposes, including any profiling associated with such direct marketing. In such instances, we will cease processing your personal data for these purposes.

To exercise your rights please contact us as stated in the “Contact Us” section.

Furthermore, you possess the right to file a complaint with a data protection supervisory authority. It's important to understand that while the right to access and the right to erasure are significant, they are not absolute rights, and the interests of other individuals may limit your ability to access or erase data in compliance with local regulations.

Before disclosing the requested data, we will request additional information to verify your identity and ensure security. Where allowed by law, we reserve the right to levy a fee. Requests that compromise the privacy of others, are excessively impractical, or require actions contrary to applicable laws will be declined. Furthermore, as permitted by relevant laws, we may retain certain personal information for a limited period for record-keeping, accounting, and fraud prevention purposes.

Specific Provisions for US Residents

This Section of the Policy applies to you if you are a US resident, depending on where you live, and is subject to certain exceptions.

During the last twelve (12) months, we have collected the following categories of personal information from users:

• Information that you chose to upload or otherwise provided by you to Gigred, which may include: (i) Identifiers and personal information, such as name, postal addresses, online identifiers, email addresses, passport number or driving license number, social security number; (ii) characteristics of protected classifications, such as gender; facial image; audio, electronic or similar information; (iii) professional or employment-related information; (iv)education information; (v) commercial information; (vi) Audio or other sensory information, for example if you provide audio-based services on Gigred.
• Information we collect when you use Gigred, including (i) Identifiers and personal information, such as online identifiers, internet protocol (IP) addresses, access device and connection information such as browser type, version, and time zone setting and browser plug-in types and versions; (ii) commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (iii) Internet or other electronic network activity information, including, but not limited to log-in and log-out time, the duration of sessions, the content uploaded and downloaded, viewed web-pages or specific content on web-pages, activity measures; (iv) Location information.
• Information that we collect or receive from third parties, such as service providers, advertisers, and third-party accounts you link with Gigred, including (i) Identifiers and personal information, such as name, online identifiers, email addresses, internet protocol (IP) addresses, access device and connection information such as browser type, version, and time zone setting and browser plug-in types and versions; (ii) Professional or employment-related information; (iii) Internet or other electronic network activity information, including, but not limited to log-in and log-out time, the duration of sessions, the content uploaded and downloaded, viewed web-pages or specific content on web-pages, activity measures; (iv) Commercial information; and (v) Location information.
• Inferences drawn from any of the information identified above will help create a profile about you.
  

We use the personal information that we collect or receive for business purposes as described above under the Section titled “How Do We Use the Information Collected.”

We may disclose the above-listed categories of personal information to third parties for business purposes as described above under the Section titled “Sharing Personal Information with Third Parties” in the Privacy Policy. In the preceding twelve (12) months, we have disclosed all the categories of personal information detailed above for business purposes.

You are entitled to the following rights, subject to certain exceptions, in relation to personal information related to you:

• You have a right to request access to the personal information we have collected about you over the past 12 months, including (i) the categories of personal information we collect about you, (ii) the categories of sources from which the personal information is collected; (iii) the business or commercial purpose for collecting your personal information; (iv) the categories of third parties with whom we have shared your personal information; (v) the specific pieces of personal information that we have collected about you.
• Under certain circumstances and exceptions, you have the right to request that we delete personal information related to you that we collected from you.
• You have a right to correct the personal information you provided us with.
• You have a right to opt out of selling your personal information.
• You have a right to opt out of targeted advertisements.
• You also have a right not to be discriminated against for exercising your rights.
• You also have a right to submit your request via an authorized agent. If you use an authorized agent to submit a request to access or delete your personal information on your behalf, the authorized agent must: (1) be a person or business entity registered with the relevant Secretary of State to conduct business in the relevant state; (2) provide proof of such registration; and (3) provide documentation or other proof indicating that they are authorized to act on your behalf. We may also require you to verify your identity directly with us and confirm that you have provided the authorized agent permission to submit the request.
  

To make such requests, please contact Customer Support. If you do not have an active Gigred account, please email us at [email protected].

We will verify your request using the information associated with your account, including your email address. Government identification may also be required.

Updating Personal Information

We undertake measures to ensure the accuracy and currency of the personal information we gather, offering you the opportunity to update your details through your account profile settings. If you suspect any inaccuracies in your information, please notify us promptly. We will promptly investigate and rectify any inaccuracies where necessary or provide means for you to swiftly update or delete it unless obligated to retain such information for legitimate business or legal reasons. During the process of updating your personal information, we will request identity verification. Should you encounter difficulties in deleting your personal information, please reach out to Gigred's Customer Support, and we will endeavor to delete such information in accordance with applicable privacy laws.

You can review and change your personal information by logging into the Site and visiting your account profile page.

If you remove your User Generated Content (“UGC”), as outlined in the Gigred Terms of Service, from the Site, copies of your UGC may persist in cached and archived pages or could have been duplicated or stored by other Site users. The appropriate access and utilization of information supplied on the Site, including UGC, are regulated by our Terms of Service.

Contact Us

To exercise any of your rights regarding your personal information, please Contact Us. Please include all the relevant details so your ticket can be handled correctly. We will process any requests in accordance with local laws and our policies and procedures. You may also contact us at [email protected].

If you have any questions (or comments) concerning this Policy, please email our team at [email protected], and we will make an effort to reply within a reasonable time frame.