GUSTO Privacy Policy

Gusto, LLC (“Gusto,” “we,” “us,” or “our”) has created this privacy policy (“Privacy Policy”) in order to demonstrate our commitment to you, our user, (“you” or “your”) regarding your privacy with respect to information that you submit through our mobile application (“App”) and/or any related services through the App or our websites located at http://gustoemail.com and http://withgusto.me (collectively, with the App, the “Services”).

Personal Information” means contact information (i.e., your name, address, email address, and/or telephone number) and any other non-public information that is used or intended to be used to personally identify an individual, including any data, media, messages and content that you make available through the Services. “Anonymous Information” means information that is not used or intended to be used to personally identify an individual.

BY USING OUR SERVICES OR SUBMITTING PERSONAL INFORMATION THROUGH OUR SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY. YOUR PERSONAL INFORMATION MAY BE PROCESSED BY US IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

INFORMATION COLLECTED

Personal Information

The Personal Information we gather from you helps us provide you with access to, and learn more about your use of, the Services. We collect Personal Information that you submit to us voluntarily in the course of registering for and using the Services. We primarily collect this information to provide Services to you.

We require a user name, email address and password for you to register for our Services. When you communicate with us through our Services or by sending us an email, we may collect and store any information that is contained in your communications with us. When you order certain Services from us, we may collect information necessary to complete and record the transaction, though some of this information may go directly to our payment provider. You can choose not to provide us with certain information, but this may limit the features of the App or Services you are able to use.

We offer you interfaces that allow you to connect with social networking, email, photo and other third party services such as Facebook, Gmail, or Flick (collectively, “Third Party Services”) through our Services. We will work with the Third Party Services’ application protocol interface (better known as their developer API) in a way that allows you to authorize us to access your account on that Third Party Service on your behalf. In order to provide this authorization, except as set forth below, you will not provide us with your user name or password to the Third Party Service, but you will need to log-in to that Third Party Service directly through our Sites or App (e.g., when you click on “Connect with us,” or a similar connection on the App). Once authorized by you, the Third Party Service will provide us a token that allows it to recognize us when we ask, on your behalf, for access to your account information or to post information. By proceeding, you are granting us and our Services access to your information and you are agreeing to that Third Party Service’s terms of use in your use of their Services.  In some cases, we may receive information to make it easier for you to create an account with us and you may log in through the Third Party Service. Any information that we collect from a Third Party Service account may depend on the privacy settings you have with that provider, so please consult the Third Party Service’s privacy and data practices. You will be able to revoke our access to any Third Party Service at any time by amending the appropriate settings from within your account settings on the applicable Third Party Service, though such revocation may limit the Services we are able to provide you.

Notwithstanding the above, certain Third Party Services such as IMAP email accounts do not offer a developer API and we must obtain from you and then use your login information to enable a connection to such Third Party Service. In such event: (i) we will use that information only to login to the Third Party Service on your behalf for the purpose of providing you content from such Third Party Service and (ii) you must use the settings in your account on the Sites or the App to revoke our access to such Third Party Service.

In addition, our App may pull information about your contacts and schedule from your local calendar on your mobile device, and we use that information to provide you certain functionality as part of the App and Services. As this is associated with you, we consider it to be Personal Information.

As you use the App, we may collect location-based information from you through your mobile or other location-aware device. Certain of our Services are location-specific and can provide helpful information based on where you are. If you tell us where you are (i.e., by allowing your mobile device to send us your location), we may use that information to provide you with location-based information. If you want to deactivate this feature, you can disable location services on your mobile device, but we will not be able to provide those Services. Please contact your carrier for more information.

Information Collected via Technology.

  • Information Collected by Our Servers.  To make our Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We also collect information about data being stored.
  • Log Files.  As is true of most online services, we gather certain information automatically and store it in log files.  This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
  • Mobile Device. We may collect information about the computer or device you use to access our Services, including the hardware model, operating system and version, MAC address, unique device identifier, phone number, and mobile network information. In addition, the Services may access your device’s image storage applications, with your consent, to facilitate your use of certain features of the Services. For more information about how you can control our access to these applications, please see “Your Choices” below.
  • Cookies.  Like many online services, we use cookies to collect information.  “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Services.  This type of information is collected to make the Services more useful to you and to tailor the experience with us to meet your special interests and needs
  • Collection of Information by Advertisers.  We may use third parties to serve ads through the Services.  Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Services (but not your name, address, e-mail address or telephone number).  They do this by using Cookies, Pixel Tags or other technologies.  Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Services and the other sites tracked by these third parties.  This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies.  If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices.

Disclosure – Analytics.

We may also use third party tracking services to help us analyze how users use the App and Services.  These services collect only the unique device identifier assigned to your mobile device, rather than your name or other personally identifying information, and use it to collect information such as how often users open the App and what features they use in the App. We only use this information to improve our App and Services. We do not combine the information generated thereby with your Personal Information and we do not associate you in any way with your device identifier. Only these services know and associate you (on a non-identifiable basis) with your identifier. For example, Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google.  Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Use of PERSONAL Information

Personal Information

We will use your Personal Information to:

  • Administer your Account;
  • Provide you with Services and customer support;
  • Tailor the features and content of the Services to you;
  • Market our products and services and those of third parties to you that we believe may be of interest to you;
  • Respond to your requests, resolve disputes and/or troubleshoot problems;
  • Verify your compliance with your obligations in our Terms of Use; and
  • Communicate with you about the Services.

We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you.

Anonymous Information

We use the Anonymous Information we collect to analyze trends, administer and improve the Services and the content of our services, track users’ movements in the App, gather demographic information about our user base as a whole, and tailor and customize our Services to each of our user’s needs.  We may also use Anonymous Information to notify visitors of updates to our Services and to contact consumers for marketing purposes (on an anonymous basis).

Disclosure of Information

Personal Information

We may also disclose certain Personal Information:

  • Third Parties Designated by You.  When you use the Services, the Personal Information you provide will be shared with the third parties that you authorize to receive such information, including as set forth below.
  • Third Party Service Providers.  We may share your Personal Information with our third party service providers that help us provide Services that we offer you.
  • Affiliates.  We may share some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), if we have such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy.
  • Corporate Restructuring. We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets.  In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.
  • Third Party Services.  Some of our Services may enable you to post content to Third Party Services such as social networks (e.g., Facebook or Twitter).  If you choose to do this, we will provide information to such Third Party Services in accordance with your elections.  You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such Third Party Services.  We will not be responsible or liable for: (i) the availability or accuracy of such Third Party Services; (ii) the content, products or services on or availability of such Third Party Services; or (iii) your use of any such Third Party Services.
  • Other Disclosures.  Regardless of any choices you make regarding your Personal Information (as described below), we may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on us; (c) to protect or defend our rights or property or other users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our terms of use.

We may also enable you to create pages through our Services. Our display of those pages will be subject to the privacy settings you establish for them. When you publish or share pages or content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) as part of our Services, other users will be able to see it. Please remember this and be thoughtful about what you publish.

Anonymous Information

We reserve the right to disclose Anonymous Information to third-parties in our discretion.

YOUR CHOICES REGARDING YOUR INFORMATION. 

  • Mobile Device. Certain features of the Services may require access to your device’s calendar and/or contacts. Although you may decide whether or not to use these features, on Android devices you grant us permission to access this feature as part of the installation process. If you later decide to revoke this permission, you can do so by following the standard uninstall process and removing the App from your device. Alternatively, on iOS devices, you can grant or revoke your consent at any time and prevent us from continuing to access your contacts and calendar applications by changing the settings on your device
  • Email Communications.  We may periodically send you free newsletters and e-mails that directly promote the use of our App or Services.  When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our terms of use or Privacy Policy, which you may not opt out of.
  • Cookies.  If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.
  • Changing or Deleting Your Personal Information.  You may review, update, correct or delete the Personal Information in your Account by contacting us. If you completely delete all of your Personal Information, then your account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. Please remember, however, if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. Certain information is necessary in order for us to provide the Services; therefore, if you delete such necessary information you may not be able to use the Services.

Feedback

If you provide feedback to us, we may use and disclose such feedback in accordance with the terms in our Terms of Use, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy, provided that we may contact you in regards to such feedback.

Third Party Sites AND SERVICES

The Services may contain links to other websites and services. Gusto is not responsible for the privacy practices or the content of these other websites. This Privacy Policy applies solely to information collected by us through the Services and does not apply to these third party websites.  We encourage you to read the privacy policies of each and every website you visit.  You should always use caution and common sense when choosing to provide Personal Information on the Internet, particularly when it comes to information such as credit cards and other payment information. The ability to access information of third parties from the Services is for your convenience and does not signify our endorsement of such third parties, their services, other websites, locations or their contents.

Regarding Children

The Services are not directed to children and children are not eligible to use our Services.  Protecting the privacy of children is very important to us.  We do not collect or maintain Personal Information from people we actually know are under 13 years old, and no part of the Services is designed to attract people under 13 years old.  If we later obtain actual knowledge that a user is under 13 years old, we will take steps to remove that user’s Personal Information from our databases.

Notification of Changes

This Privacy Policy is subject to revision from time to time on a going-forward basis.  We will post any revised version of the Privacy Policy on this page.  If we make any material changes to it, we will also send you notice thereof to the last email address you have provided to us.  Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Additional Information

Questions regarding this Privacy Policy or the practices of the Services should be directed to Gusto by e-mailing such questions to [email protected]