Terms of Service

This Terms of Service (TOS) is a legal agreement between gstitch and each client of gstitch. If our client resells our services, they will be held responsible for all violations of this agreement pertaining to their account with gstitch. Use of our services automatically enters you into this agreement. If you use any service provided by or affiliated with gstitch, you are legally bound by this agreement. Read this agreement and all Exhibits carefully to ensure that you understand and agree to all parts.

Any questions regarding this agreement should be sent to contact@gstitch.com prior to signing up for service.

What is this?

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of gstitch Service's services implies agreement with these terms.

Terms of Service

gstitch provides web hosting and software as a service (SaaS) to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using gstitch.

Service Agreement

The gstitch Service Agreement is a separate agreement between gstitch and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using gstitch's services. Contact us for any clarifications.

Refund Policy

At gstitch’s discretion, accounts that violate our Terms of Service will be closed, and issued no refund or credit of any kind, without notice.

Content

All services provided by gstitch may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless gstitch from any claims resulting from the use of the service which damages the subscriber or any other party.

Copyright Violations

gstitch will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

Support Abuse

At gstitch, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

Intentional Harm

Any attempts to undermine or cause harm to a gstitch server or customer of gstitch is strictly prohibited. Accounts found in violation of this provision will be subject to immediate account deactivation without refund. gstitch will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Service Agreement

1. gstitch SERVICES

gstitch agrees to provide to Client the Services agreed upon between gstitch and Client as selected by Client in gstitch's customer database that is specified at https://gstitch.com.

2. PAYMENT AND INVOICING

2.1 In consideration of the performance of the Services, Client shall pay gstitch in advance the amount set forth in gstitch's customer database as such records are amended from time to time for the Services during the term of this Agreement.

2.2 Client shall receive a confirmation letter via e-mail at the time Client contracts for the Services, which shall confirm the fees payable to gstitch. Thereafter, Client shall receive a billing statement for the upcoming period. The billing statement shall indicate any changes in fees, which fees shall become effective upon thirty (30) days' notice as set forth in Section 2.4 herein.

2.3 Client is responsible for all activities and charges resulting from Client's use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the billing statement. Client acknowledges that no refunds will be given by gstitch in the event that Client's account is terminated by gstitch or Client mid-term. In the event of a breach of security, Client will remain liable for any unauthorized use of the Services until Client notifies gstitch by sending an e-mail with account information to contact@gstitch.com.

2.4 Current rates for using the Services may be obtained on our web site at gstitch.com. gstitch reserves the right to change fees, surcharges, membership fees or to institute new fees at any time. In addition, gstitch may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to Client upon sign up. If gstitch does not receive the full amount of Client's Service account balance within three (3) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to Client's bill and shall be due and payable. The minimum late fee will be one (1) unit of the currency the transaction is in (i.e. $1.00). Client shall also be responsible for all attorney and collection fees arising from gstitch's efforts to collect any unpaid balance of Client's account(s), and gstitch may terminate Client's account immediately without further notice to Client.

2.5 gstitch reserves the right to suspend or terminate accounts which are overdue. An account suspension would make it so that no one would be able to visit/view/browse the client's website. The account suspension will be lifted when the account balance, including late fees, is paid in full. Account termination will delete all data stored within the hosting account. Most services that gstitch offers cannot be recovered after a termination as backups are deleted as well. Other products and services that Client purchases through gstitch may be subject to suspension or termination if one service undergoes termination. gstitch may not allow Client to purchase products and services after a termination has occurred, solely at gstitch's discretion.

2.6 gstitch will follow the guidelines below when suspending and terminating accounts.

• Dedicated Servers: Suspension: After 24 hours of non-payment.Termination: After 48 hours of non-payment.
• All other products & services: Suspension: After 5 days of late payment. Termination: After 45 days of late payment.

2.7 Hosting services automatically renew unless cancelled via the client area or contacting support. If a Credit/Debit card is present on an account it will be automatically charged to pay any due invoices.

3. RESPONSIBILITIES AND RIGHTS OF gstitch

3.1 Means of Performance. gstitch shall provide Client with the gstitch hosting services, as described at gstitch.com hereto. gstitch has the right to control and direct the means, manner, and method by which the host services are performed.

3.2 Support. gstitch shall provide a reasonable level of technical support to Client via email or Web page for the term of this Agreement. gstitch will only provide support directly to Client, and not to any of Client's own customers, end-users, subsidiaries, etc.

3.3 Other Work. gstitch has the right to perform and license products to others during the term of this Agreement. gstitch may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation or other governmental request or to properly operate host services and protect its Clients. gstitch reserves the right to block any site hosted by gstitch that contains any content that gstitch deems in its sole discretion to be unacceptable or undesirable.

4. RESPONSIBILITIES AND RIGHTS OF CLIENT

4.1 Client. Client represents and warrants that (i) Client is at least eighteen (18) years of age, (ii) Client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of Client's obligations and use of the Services by Client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other gstitch Clients' use of Services. Client assumes all risks related to processing of transactions related to electronic commerce. Client agrees to provide gstitch with accurate, complete and updated information required by the registration of the gstitch host service (Client Registration Data), including Client's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Client agrees to notify gstitch in writing within thirty (30) days of any changes in Client's Registration Data.

4.2 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, gstitch will have the right, in its sole discretion, to suspend or terminate immediately any Services.

4.3 Fees and Expenses. Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and a third-party domain name registrar. A copy of this agreement is available upon request e-mailed to contact@gstitch.com.

4.4 Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, Client agrees to be bound by the terms of such end user licenses regarding the applicable third-party software. Client consents and authorizes gstitch to delegate the authorizations Client provides to gstitch to its third party service provider(s) as gstitch deems necessary or desirable to provide the applicable Services. Client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. Client also agrees that all reference to “gstitch” within this Agreement and any incorporated terms are also deemed to include, where applicable, gstitch's agents, such as the third party service providers.

4.5 Advertising, Solicitation, and Client Name Harvesting. Client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the gstitch clients or other Internet users unless Client receives the express permission of such individuals. Client may not use the means of unsolicited advertising to advertise a site hosted on the gstitch network. Client may not use the Services to collect or “harvest” user-names of gstitch clients or other Internet users without the expressed prior permission of the member. gstitch reserves the right to block or filter mass email solicitations sent from sites hosted on the gstitch network.

4.6 Management of Site. Client shall be solely responsible for all content available on or through its site and shall at all times be subject to the terms of this Agreement, gstitch's then-standard Terms of Service (“TOS”) and any generally applicable guidelines and service standards published by gstitch. Client warrants that its site hosted on the gstitch network (i) will conform to the gstitch TOS attached hereto as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. gstitch shall have no obligations with respect to the content available on or through any site hosted on the gstitch network, including, but not limited to, any duty to review or monitor any such content. gstitch reserves the right to block any site that violates any of the above-stated terms, or which in gstitch's sole discretion, gstitch deems objectionable or offensive, or otherwise violates a law or gstitch policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein.

4.7 Reselling gstitch services. Client agrees that it will only resell our services when reselling is specifically allowed by our Resource Usage Policy ("RUP").

4.8 Compliance Laws. Client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. Client will comply at all times with all applicable laws and regulations and the TOS, as updated by gstitch from time to time. The TOS are incorporated herein and made a part hereof by this reference. gstitch may change the TOS, with notice, which notice may be provided by posting such new TOS at the gstitch website. Client may request a current copy of the TOS by sending or faxing a request to gstitch. Client agrees that it has received, read and understands the current version of the TOS.

4.9 Proprietary Rights. Unless otherwise specified, all work performed hereunder by gstitch, is the property of gstitch, and all title and interest therein shall vest in gstitch. To the extent that title to any such works may not, by operation of law, vest in gstitch all rights, title and interest therein are hereby irrevocably assigned to gstitch. All such materials shall belong exclusively to gstitch, and gstitch shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. Client agrees to give gstitch and any person designated by gstitch such reasonable assistance, at gstitch's expense, as is required to perfect the rights defined in this paragraph.

4.10 Marketing Rights. Client agrees that gstitch may refer to Client, or Client's business in gstitch marketing materials, the gstitch website, and communication to gstitch's current and prospective clients. Client grants gstitch a limited license and permission to use any Client trade name and/or trademark for such, and only for such, purposes.

5. LIMITATION OF LIABILITY, NO OTHER WARRANTY AND DISCLAIMER

5.1 Limitation.
a. In the event that any limited guarantees are provided by gstitch, such limited guarantees are null and void if Client fails to follow gstitch's TOS and other policies or otherwise breaches this Agreement in any respect.
b. In no event shall gstitch's total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence), or otherwise] exceed the amount paid by you, if any, for accessing gstitch's service(s).

5.2 No Other Warranty. gstitch does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at Client's own risk. The Services are provided on an “as is” basis, and Client's use of the Services is at its own risk. Except as provided in the order form(s), gstitch does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. gstitch does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.

5.3 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. gstitch does not and cannot control the flow of information to or from gstitch's network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt Client's connections to the Internet (or portions thereof). gstitch cannot guarantee that such events will not occur. Accordingly, gstitch disclaims any and all liability resulting from or related to such events.

6. INDEMNIFICATION

Client agrees to indemnify, defend and hold gstitch and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of Client's violation of this Agreement, State or Federal Securities laws or regulations, or any other person's rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.

Under no circumstances, including but not limited to a negligent act, will gstitch or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.

In no event will gstitch or its third party service providers be liable to Client or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by gstitch. gstitch and its third party service providers will under no circumstances be liable to Client and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if gstitch or its third party service providers has been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user date, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. Client agrees that Client will not in any way hold gstitch responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.

Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to Client, and the respective liability of gstitch and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.

In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client's remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of gstitch and its third party service providers, employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

7. TERMINATION

7.1 Without Cause. This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days' prior email notice of termination. No matter which party terminates the Agreement pursuant to this Section 7.1, any and all payment obligations of Client under this Agreement for Service(s) provided through the date of termination will immediately become due, and Client shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.

7.2 For Cause. In addition to any other rights it may have under this Agreement or applicable law, gstitch may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) Client's breach or failure to comply with the TOS or other policies of gstitch. Client may terminate this Agreement if gstitch breaches any material term or written notice of same. If this Agreement is terminated by gstitch under this Section 7.2, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, gstitch reserves the right to prohibit any conduct or to remove any materials or content in violation of the TOS or which gstitch believes in its sole discretion to be illegal or potentially harmful to others or may expose gstitch to harm or liability.

7.3 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Agreement in accordance with its terms.

7.4 Survival. The following provisions will survive any expiration or termination of the Agreement: Section 4, 5, 6, 7, and 8.

7.5 IP Address. Upon expiration, cancellation or termination of this Agreement, Client shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to Client by gstitch or its network services supplier (but not the domain connected therewith). gstitch reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.

8. GENERAL

8.1 Assignment. Client may not assign this Agreement or any of Client's rights or obligations hereunder without the prior written consent of gstitch, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties' respective successors and permitted assigns.

8.2 Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

• If to gstitch: contact@gstitch.com
• If to Client: To Client address provided at account set-up.

8.3 Governing Law. This Agreement, and all future agreements Client may enter into with gstitch, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Florida, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with gstitch in Florida or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Client agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Durham, North Carolina. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

8.4 Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.

8.5 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.

8.6 Severability. In the event any one or more of the provisions of the Agreement or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.

8.7 Force Majeure. gstitch and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.

8.8 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.

8.9 Terms of Services. Client agrees to be bound by gstitch's TOS for all Services and products used by Client. The current TOS can be found on gstitch's website at gstitch.com. Should Client disagree with any updates to gstitch's TOS, it is Client's responsibility to notify gstitch of Client's desire to terminate their Services immediately.

8.10 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND gstitch'S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREMEENT AND THE TOS.

CLIENT'S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 7 HEREIN.

8.11 Entire Agreement. This Agreement, and the exhibits reference herein, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.

8.12 No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.

8.13 Aggregated Statistics gstitch may collect statistics about the behavior of visitors to its websites. gstitch may display this information publicly or provide it to others. However, gstitch will not disclose personally-identifying information other than as described in the Privacy Policy.

Privacy Policy

gstitch is committed to protecting your privacy. We are a custom development, consulting, SaaS (software as a service) provider for associations and other types of organizations. We develop custom software, integrations, learning, marketing, automation, and engagement platforms as a service, and mobile applications for our clients.

This Privacy Policy explains our data practices, choices available to you regarding the use of, your access to, how to update and correct your Personal Data (as defined below) and other information that we collect in connection with Platforms ("Platforms"):

(i) your use of the websites gstitch.com (for product and service information, help, support, and sales), gstitch.com (where clients can discuss product development, updates, and strategies);

(ii) your use of our mobile, web applications, and other solutions;

Our use of information on behalf of Clients who use gstitch Platforms (pursuant to which our Clients offer access to platforms for their employees, customers and other authorized individuals), is governed by our contract with that Client and the Client’s own privacy policies. We are not responsible for the privacy policies or privacy practices of Clients or other third parties.

By using our Platforms, you consent to policies and practices described in this Privacy Policy. If you do not agree with the data practices described in this Privacy Policy, you should not use Platforms or Apps.

Our Collection of Your Personal Data

gstitch collects and uses information that, alone or in combination with other information, could be used to identify you (“Personal Data”) in order to deliver our products and services, process applications to join programs, inform you of various opportunities, and provide support, as described below (please also see the “How We Use Information” section below).

We collect Personal Data on our Platforms for the purposes of customer support, marketing, or providing to our Clients who are Data Controllers. Examples of information may include: name, address, phone numbers, company, title, e-mail address, and pictures that are submitted voluntarily.

Personal Data from other sources.

We may receive information from 3rd party services such as Gravitar, LinkedIn, and our Clients who are Data Controllers, for the purposes of customized experiences, security, and integration with their systems.

Automatically Collected Data

As you interact on our Platforms, we may collect information about your computer or device; through cookies, Internet Protocol (IP) address tracking/URL tracking, and other tools (collectively, “Tracking Technologies”). The types of Automatically Collected Data collected on Platforms through the use of these and other tools that we may add from time to time may include: the search terms you used, new or returning user information, browser information, computer or device type, operating system, internet service provider, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, and ads viewed.

How We Use Information

We use the Personal Data we collect or process (unless otherwise restricted by law) to:

• Provide support for our Platforms
• Provide customized experiences on behalf of our Clients
• Analyze overall trends
• Provide additional security
• Provide networking opportunities on behalf of our Clients

Marketing & Correspondance

If you request additional information about our Platforms (ie products and solutions), we will use Personal Data we collected from the request to respond accordingly. At any time you may unsubscribe from offerings in email, or block push and mobile notifications accordingly.

With your permission, we may also use the information you provide to us as a testimonial.

Anonymized & Aggregated Data

Our platforms may include features such as report generation for analysis of data broadly and specifically on behalf of our Clients.

Disclosure Of Personal Data

gstitch does not disclose your Personal Data to other parties, other than for: the purposes of support; on behalf of our Clients; incidentally and passively via Analytics recording services, such as Google Analytics; payment processors for convenience.

We may also disclose Personal Data to third parties in the following circumstances: (1) if you request or authorize (when required by the law, we will inform you in advance of the third parties to which we may provide your data and the purpose for doing so, and we will obtain your prior consent for such use); (2) the information is provided (a) to comply with the law (for example, to comply with a search warrant, subpoena or other legal process), (b) to enforce an agreement we have with you, (c) to protect our rights, property or safety, or the rights, property or safety of our employees or others, (d) to investigate fraud, or (e) to respond to a government request or to lawful requests by public authorities, including to meet national security or law enforcement requirements; (3) to address emergencies or acts of God; (4) to address disputes, claims, or to persons holding a legal or beneficial interest; (5) if we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, in which case your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.

We collect, store and process the information from our Platforms primarily in the U.S and Australia (“Locations”). If you are outside the Locations, then your Personal Data and other information will be transferred to the Locations. The data privacy and data protection laws outside your country may offer less protection than the laws in your country. By using our Platforms or otherwise providing us with your Personal Data, you agree to the transfer of your Personal Data as described in this Privacy Policy. If you do not agree to such cross-border transfers of your Personal Data, please do not submit it through the Platforms.

The Platforms may use integrations with social media Platforms that are owned and/or controlled by third parties, such as Facebook, LinkedIn, Twitter and others. If you choose to “like” or share information from a Website through any Sites (“Sites”), if you are a member of a Site the integrations on our Platforms may allow the Site to connect your interactions to your Personal Data. The information that you share with the Sites will be governed by the specific privacy policies and terms of service of the Sites and not by this Privacy Policy. You should review the privacy policy of that Social Media Site before choosing to access and use any Sites.

How You Can Access and Change Information

gstitch acknowledges that you have the right to access your Personal Data. Our Platforms allow you to access, correct, amend, or delete inaccurate data. In case you request us to remove data, we will respond within a reasonable timeframe.

Upon request, gstitch will provide you with information about whether we hold any of your Personal Data. You may access, update or correct your Personal Data or remove it from our system by making a request to us at the contact information provided below. Requests typically receive a response within thirty (30) days. If access cannot be provided within that time frame, we will provide the requesting party with an estimated date by which the information will be provided. If for some reason access is denied, we will provide an explanation of why access has been denied.

gstitch has no direct relationship with the individuals whose personal data it processes on behalf of clients. An individual who seeks to access, correct, amend, or delete inaccurate data should direct his query to the gstitch Client (the data controller). If requested to remove data, we will respond within a reasonable timeframe.

EU Data Subjects

Scope. This section applies if you are an individual located in the European Union (“EU”) (“EU Data Subject”). For these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland.

Data Controller

gstitch is the data controller for the processing of your Personal Data, but we act as data processor on behalf of Clients for Personal Data that we process through our Platforms.

Your Rights

Subject to applicable law, you have the following rights in relation to your Personal Data:

• Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
• Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to have it rectified or completed. If we have shared your Personal Data with others, we will tell them about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
• Right to erasure: You may ask us to delete or remove your Personal Data and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion). If we have shared your data with others, we will tell them about the erasure where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
• Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or object to us processing it. We will tell you before we lift any restriction on processing. If we have shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
• Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that is necessary to perform a contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
• Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
• If we are relying on a legitimate interest to process your Personal Data — unless we demonstrate compelling legitimate grounds for the processing; or
• If we are processing your Personal Data for direct marketing.
• Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, that affect you, unless such processing is necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent to such processing.
• Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on your prior consent.
• Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

 You may exercise your rights by contacting us as indicated under “Contact Us” section below.

 Legitimate Interest. “Legitimate interests” means the interests of gstitch in conducting and managing our organization. For example, we have a legitimate interest in processing your Personal Data to analyze how the Platforms are being used by you, and to ensure network and information security, as described in this Privacy Policy. When we process your Personal Data for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate interests do not automatically override your interests. We will not use your Personal Data for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object to processing that is based on our legitimate interests. For more information on your rights, please see “Your Rights” section above.

Our Security Measures to Protect Your Personal Data

We are committed to taking reasonable efforts to secure the information that you choose to provide us, and we use a variety of security technologies and procedures to help protect against unauthorized access to or alteration, disclosure, or destruction of Personal Data. We restrict access to Personal Data to our employees, contractors and service providers (described in the “Disclosure of Information” section above) who need to know the information in order to operate, develop, or improve our services.

Unfortunately, no transmission of Personal Data over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, gstitch cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. gstitch has no responsibility or liability for the security of information transmitted via the Internet. If you have questions about this Privacy Policy or the security of your Personal Data, please contact us as indicated under the “Contact Us” section below.

We retain your Personal Data for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. We retain Personal Data collected through the Platforms we process on behalf of our Clients for as long as needed to provide services to our Client and pursuant to our contract with that Client.

Tracking Technologies

gstitch and its partners use cookies and other technologies to analyze trends, administer the Platforms, track users’ interactions, to gather demographic information about our user base as a whole and to collect information about your browsing habits in order to provide customized experiences and content, as described below.

1. What Are Cookies

Cookies are pieces of data sent to your browser when you visit a website and stored on your computer’s hard drive. Cookies may store user preferences and other information. For example, cookies can store your session information for easy log-in to a website or platform, or your language or user interface customization preferences or may allow websites to record your browsing activities (for example, number of page views, number of visitors, and time spent on each page). 

We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for a set period of time or until you delete it. 

1. How We Use Cookies

We classify cookies in the following categories:

In their use of our services, Clients’ may enable various integrations which may set additional cookies. These cookies are set and controlled by Clients for various purposes such as website usage tracking and analytics and enabling Site features. gstitch does not control the placement of such cookies. Use of these cookies is governed by Client’s own privacy and cookie policies.

III. Other Technologies

gstitch and its service providers may use embedded pixel technologies (or pixel tags) for the purposes of identifying unique user visits (as opposed to aggregate hits) and for advertising purposes. In addition, embedded pixels or other technologies may be used in e-mails and our online display advertising to provide information on when the e-mail or ad was opened to track marketing campaign responsiveness; information collected using these technologies may be associated with the recipient's e-mail address.

1. Your Choices

On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

• Internet Explorer
• Mozilla Firefox
• Google Chrome
• Apple Safari

Please note that if you reject cookies or disable cookies, your use of certain features or functions on our Platforms or service may be limited.

To find out more about cookies and similar technologies, including how to see what cookies and similar technologies have been set and how to manage and delete them, visit www.allaboutcookies.org and/or or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org, and follow the opt-out instructions there. If you access the Websites on your mobile device, you may not be able to control tracking technologies through the settings. If you wish to not have your information used for the purpose of serving you targeted ads, you may opt-out by visiting the Network Advertising Initiative’s online resources available here and following the opt-out instructions there, or if located in the European Union, visit the European Interactive Digital Advertising Alliance’s Your Online Choices opt-out tool here. By opting out of targeted advertisements you will no longer see advertisements on Platforms from third-party partners that participate in the Digital Advertising Alliance; however, you may still continue to see other non-targeted advertisements on our Platforms.

Inapplicability of Privacy Policies of Any Linked Websites or Other Third Parties

This Privacy Policy only addresses gstitch’s use and disclosure of your Personal Data. The Platforms may contain links to other websites, so please be aware that we are not responsible for the privacy practices of other websites, and we are not liable for their misuse of Personal Data.

California Privacy Rights

In addition to the information provided in this Privacy Policy, under California’s “Shine the Light” law, California residents who provide “personal information” (as defined in the statute) in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year. To obtain this information, please contact us by sending a letter or calling us at the contact information below. You may also submit a contact form electronically through the Websites.

Children

The Platforms are not intended for use by or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13.

Conditions of Use

By using the Platforms, you agree to the terms and conditions contained in this Privacy Policy and Conditions of Use and/or any other agreement that we might have with you. If you do not agree to any of these terms and conditions, you should not use the Websites, Apps and/or any gstitch benefits or services. You agree that any dispute over privacy or the terms contained in this Privacy Policy and Conditions of Use and any other agreement we have with you will be governed by the laws of North Carolina. You also agree to arbitrate any such dispute in Durham, North Carolina, and to abide by any limitation on damages contained in any agreement we may have with you.

Changes to the Privacy Policy

gstitch’s Platforms periodically, we may update this Privacy Policy to reflect changes to our information practices. We reserve the right to amend the Privacy Policy at any time, for any reason, and may do so by posting a new version online. Your continued use of our Platforms or continued provision of Personal Data to us will be subject to the terms of the then-current Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices.

Last updated September 10, 2019

Contact Us

If you have any questions about this Privacy Policy or our treatment of the information you provide us, please contact as at:

Address: 1821 Hillandale Rd Ste 1B-198, Durham, NC 27705

Email: contact@gstitch.com