Privacy Policy

Last Updated: 11 May 2021

1. PURPOSE AND SCOPE

1.1 At Gumstack, we respect your privacy and data protection rights and recognize the importance of protecting the personal data we collect and process. This Privacy Policy is designed to help you to understand what personal data we collect about you and how we use and share it.

1.2 When we refer to Gumstack, we refer to Gumstack, Inc., a Delaware corporation with our mailing address at 9450 SW Gemini Dr PMB 19241 Beaverton OR 97008-7105 ("Gumstack", "we", "us", "our").

1.3 This Privacy Policy applies to you if you:

• interact with any of Gumstack’s websites (including www.gumstack.com and www.helloclinic.live), or our social media pages (collectively, the "Sites") ("website users");
• visit any of Gumstack’s premises ("office visitors");
• attend an Gumstack event or an event which Gumstack sponsors ("event attendees");
• use Gumstack's communication and messaging products, customer workspaces, mobile applications, and our other applications and services (collectively, the "Gumstack Services") ("customers");
• interact with any of Gumstack's end user domains (app.gumstack.com, api.gumstack.com, w.gumstack.com, embeds.gumstack.com) ("end-users");
• are a marketing prospect, who is anyone whose data Gumstack processes for the purposes of assessing customer eligibility ("marketing prospect"); or
• receive marketing communications from Gumstack.

1.4 For the purposes of the General Data Protection Regulation (or any successor or equivalent legislation in the UK) ("GDPR"), either Gumstack, Inc. or any other Gumstack group company from time to time, is the controller of your personal data. Our Data Protection Officer can be contacted in writing at legal@gumstack.com.

2. PERSONAL DATA COLLECTED BY GUMSTACK

2.1 PERSONAL DATA WE COLLECT AND RECEIVE

The personal data that we collect about you broadly falls into the categories set out in the following table. Some of this information you provide voluntarily when you interact with the Gumstack Services and Sites, or when you attend an event or visit our premises. Other types of information may be collected automatically from your device, such as device data and service data. From time to time, we may also receive personal data about you from third party sources (as further described below).

• We may collect the following personal data about - our website users; recipients of marketing communications; and marketing prospects.
  • Registration, contact, and company information:
    • first and last names;
    • email addresses;
    • phone numbers;
    • avatars;
    • company name;
    • your role in your company.
  • Payment information:
    • credit card information;
    • billing and mailing addresses;
    • other payment-related information.
  • Device data:
    • operating system type and version number, manufacturer and model;
    • browser type;
    • screen resolution;
    • IP address;
    • unique device identifiers.
  • Service data:
    • the website you visited before browsing to the Gumstack Services;
    • how long you spent on a page or screen;
    • how you interact with our emails;
    • navigation paths between pages or screens;
    • date and time;
    • pages viewed;
    • links clicked.
  • Third party source data:
    • profile information gathered from social networking sites;
    • information that you have viewed or interacted with our content;
    • company information;
    • job titles;
    • Avatars;
    • email addresses;
    • phone numbers;
    • Addresses;
    • geolocation data.
• The sources of this third party personal data may include:
  • Contact enrichment and lead generation providers; and
  • Targeted online advertising providers
• We may collect the following personal data about event attendees:
  • Registration, contact and personal information:
    • first and last names;
    • email addresses;
    • phone numbers;
    • mailing addresses;
    • company name;
    • your role in your company.
  • Visitation Data:
    • time and date of arrival;
    • photograph ID;
    • Signature;
  • Third party source data:
    • first and last names;
    • email addresses;
    • phone numbers;
    • mailing addresses;
    • company name;
    • your role in your company.
  • The sources of this third party personal data may include:
    • the event organizer
• We may collect the following personal data about our customers and end-users (to the extent applicable):
  • Registration and contact information:
    • first and last names;
    • email addresses;
    • phone numbers;
    • mailing addresses;
    • company name;
    • your role in your company.
  • Payment information:
    • credit card information;
    • billing and mailing addresses;
    • other payment-related information
  • Device data:
    • operating system type and version number, manufacturer and model;
    • browser type and language;
    • screen resolution;
    • IP address;
    • unique device identifiers.
  • Service data:
    • the website you visited before browsing to the services;
    • how long you spent on a page or screen;
    • navigation paths between pages or screens;
    • session date and time; activity status (including first seen, last seen, last heard from - and last contacted);
    • pages viewed;
    • links clicked;
    • language preferences
    • tags applied within customer accounts
    • Gumstack assigned user identifier.
  • Third party source data:
    • profile information gathered from social networking sites;
    • information that you have viewed or interacted with our content;
    • company information;
    • job titles;
    • Avatars;
    • email addresses;
    • phone number;
    • approximate geolocation data.
  • The sources of this third party personal data may include:
    • Our identity resolution and insight management provider; and
    • Our Geolocation IP intelligence provider

2.2 COOKIES AND OTHER TRACKING TECHNOLOGIES

Some device data, service data and third party source data is collected through the use of first or third party cookies and similar technologies. The Gumstack service does not collect, retain, or share data regarding a particular user's activity across multiple websites or applications that are not owned by Gumstack. Gumstack does assign each user a unique user ID within the scope of an individual website, but does not collect or retain IP or any information that would allow Gumstack to identify the same particular user on more than one website.

Do Not Track. Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals.

3.HOW AND WHY WE USE YOUR PERSONAL DATA

3.1 We collect and process your personal data for the following purposes and on the following legal bases:

• Providing and facilitating delivery of the Gumstack Services and Sites: We process your personal data to perform our contract with you for use of our Services and Sites and to fulfill our obligations under applicable terms of service. Where we have not entered into a contract with you, we process your personal data in reliance on our legitimate interests to operate and administer the Gumstack services and Sites. For example, to create, administer and manage your account.
• Communicating with you about the Gumstack Services and providing customer support: We may send you service, technical and other administrative messages in reliance on our legitimate interests in administering the Gumstack Services. For example, we may send you messages about the availability or security of the Gumstack Services. We also process your personal data to respond to your comments and questions and to provide customer care and support.
• Improving the Gumstack Services and Sites: We process your personal data to improve and optimize the Gumstack Services and Sites and to understand how you use the Gumstack Services and Sites, including to monitor usage or traffic patterns and to analyze trends and develop new products, services, features and functionality in reliance on our legitimate interests.
• Sending marketing communications: We process your personal data to send you marketing communications via email, post, SMS or other channels of communication, about our products, services and upcoming events that might interest you in reliance on our legitimate interests or where we seek your consent. Please see the "Your Privacy Rights and Choices" section below to learn how you can control your marketing preferences.
• Registering office visitors: We process your personal data for security reasons and for the purpose of hosting your visit to the extent such processing is necessary for our legitimate interests in protecting our premises and confidential information against unauthorized access and the safety of our staff and office visitors.
• Managing event registrations and attendance: We process your personal data to plan and host events for which you have registered or that you attend, including sending related communications to you.
• Maintaining security of the Gumstack Services and Sites: We process your personal data to control unauthorized use or abuse of the Gumstack Services and Sites, or otherwise detect, investigate or prevent activities that may violate Gumstack policies or applicable laws, in reliance on our legitimate interests to maintain and promote the safety and security of the Gumstack Sites and Services.
• Displaying personalized advertisements: We process your personal data to advertise to you and to provide personalized information, including by serving and managing advertisements on our Sites and on third party sites, in reliance on our legitimate interests to support our marketing activities and advertise our products and services or, where necessary, to the extent you have provided your consent.
• Carrying out other legitimate business purposes: including invoicing, audits, fraud monitoring and prevention.
• Complying with legal obligations: We process your personal data when cooperating or complying with public and government authorities, courts or regulators in accordance with our obligations under applicable laws and to protect against imminent harm to our rights, property or safety, or that of our users or the public, as required or permitted by law.

3.2 In certain circumstances, we may collect your personal data on a different legal basis. If we do, or if we use your personal data for purposes that are not compatible with, or are materially different than, the purposes described in this notice or the point of collection, we will explain how and why we use your personal data in a supplementary notice at or before the point of collection. Where we refer to legal bases in this section we mean the legal grounds on which organizations can rely when processing personal data.

3.3 Please note these legal bases only apply to you if you are resident in the EEA, the UK or Switzerland.

3.4 If you have any questions about our legal bases for processing your personal data, please contact us at legal@gumstack.com.

4. SHARING YOUR PERSONAL DATA

4.1 We may disclose some or all of the personal data we collect to the following third parties:

To Gumstack Group Companies:

• Gumstack Inc.;
• Gumstack LLP;
• Any such other group companies as may be added to this list from time to time.

Service Providers:

• Consultants and vendors engaged by us to support our provision of the Gumstack Services and Sites and the operation of our business;
• Any such other Service Providers as may be added to the Subprocessor list, from time to time.

Advertising Partners:

• Third party advertising companies may use cookies and similar technologies to collect information about your activity on the Gumstack Services and other online services over time to serve you online targeted advertisements, including the companies listed in the third-party cookies section of our Cookie Policy.

Professional Advisors:

• Professional advisors, such as lawyers, auditors and insurers, in the course of the professional services that they render to us.

Compliance with Law Enforcement:

• Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
• Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
• Enforce the terms and conditions that govern the Services; and
• Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

Business Transfers:

• Parties to transactions or potential transactions (and their professional advisors) involving an investment, corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business, assets, or equity interests of Gumstack Group Companies (including, as part of a bankruptcy or similar proceeding).

4.2 Aggregated or anonymized information. We may also share aggregated or anonymized information with third parties for other purposes. Such information does not identify you individually, but may include usage, viewing and technical information such as the websites you generally use, the configuration of your computer, and performance metrics related to the use of websites which we collect through our technology, products and services. If we are required under applicable law to treat such information as personal data, then we will only disclose it as described above. Otherwise, we may disclose such information for any reason.

4.3 Third party websites. The Sites may also contain links to third party websites. This Privacy Policy applies solely to information processed by us. You should contact the relevant third party websites for more information about how your personal data is processed by them.

5. RETENTION OF YOUR PERSONAL DATA.

5.1 We retain your personal data only for as long as necessary to fulfill the purposes set out in this Privacy Policy. If you would like more information about specific retention periods please contact legal@gumstack.com

5.2 Note that content you post may remain on the Sites even if you cease using the Sites or we terminate access to the Sites.

6. TRANSFERS OF YOUR PERSONAL DATA.

6.1 The Gumstack Services and Sites, and other related domains (as updated from time to time) are provided and hosted in the United States. We may transfer, and process, your personal data outside of the country as we deem appropriate from time to time. We will protect your personal data in accordance with this Privacy Policy wherever it is processed.

6.2 Certain recipients (our service providers and other companies) who process your personal data on our behalf may also transfer personal data outside the country in which you are resident. Where such transfers occur, we will make sure that an appropriate transfer agreement is put in place to protect your personal data.

6.3 If you would like to find out more about international transfers, please contact our Data Protection Officer at legal@Gumstack.com.

7.YOUR PRIVACY RIGHTS AND CHOICES

7.1 Depending on your location and subject to applicable laws, you may have certain data protection rights. If you are a resident of the EEA or the UK you have the following data protection rights:

• If you wish to access, correct, update or request deletion of your personal data, you can do so at any time.
• You can object to processing of your personal data, ask us to restrict processing of your personal data or request portability of your personal data.
• You have the right to opt-out of marketing communications we send you at any time. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by clicking on the "unsubscribe" or "opt-out" link in the communications we send you. Please note, however, that it may not be possible to opt-out of certain service-related communications. You can let us know at any time if you do not wish to receive marketing messages by contacting us using the contact details below.
• Similarly, if we have collected and process your personal data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

7.2 You can exercise any of these rights by submitting a request to our Data Protection Officer at legal@Gumstack.com.

7.3 If you are a California resident, you can find information about how we use your personal data and about your privacy rights in Section 10 of this notice. 9.4 You can also exercise control over the following uses of your information:

• Opt-Outs. We will provide you with an opportunity to opt-out of having personal data used for certain purposes when we ask for this information. If you decide to opt-out, we may not be able to provide certain features of our offerings. You can revoke your consent at any point by contacting us in writing on legal@gumstack.com.

8. CHILDREN'S PRIVACY

Our Services and Sites are not intended for use by anyone under the age of 16. Gumstack does not knowingly collect personal information from anyone under the age of 16. If you are under 16, you may not attempt to register for our Services or send any information about yourself to us, including your name, address, telephone number, or email address. If we become aware that we have collected personal information from someone under the age of 16 without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under 16 and believe that a child has provided us with their personal information, please contact us at the legal@gumstack.com or mailing address provided in this Privacy policy.

9. CHANGES TO THIS NOTICE AND QUESTIONS

9.1 We may amend this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update it, we will take appropriate measures to inform you, consistent with the significance of the changes we make. If we make material updates to this Privacy Policy we will update the effective date at the top of the Privacy Policy.

9.2 If you have any questions, comments or concerns about the way your personal data is being used or processed by Gumstack, please submit any questions, comments or concerns in writing to request to our Data Protection Officer at legal@Gumstack.com.

10. COLLECTION AND USE OF PERSONAL DATA OF CALIFORNIA RESIDENTS

This Section 10 describes how Gumstack collects, uses and shares Personal Information of California residents in our capacity as a "business" under the California Consumer Privacy Act of 2018 ("CCPA"), and their rights under the CCPA.

10.1 SCOPE

This Section 10 applies only if you are a California resident. For purposes of this section, "Personal Information" has the meaning given in the California Consumer Privacy Act ("CCPA").

This Section 10 does not apply to;

• information exempted from the scope of the CCPA;
• information collected in a business-to-business context, namely, where the information reflects our communications or transactions with you in the context of performing due diligence on, providing services to, or receiving services from, a company, partnership, sole proprietorship, non-profit or government agency where you are an employee, controlling owner, director, officer or contractor of that organization;
• activities governed by a different privacy notice, such as notices we give to California personnel or job candidates; or
• Personal Information we collect, use, and share on behalf of our customers as a "service provider" under the CCPA.

10.2 YOUR CALIFORNIA PRIVACY RIGHTS

You have the following rights:

• Right to Know - Information You can request the following information about how we have collected and used your Personal Information during the past 12 months:
  • The categories of Personal Information we have collected.
  • The categories of sources from which we collected the Personal Information.
  • The business or commercial purpose for collecting and/or selling Personal Information.
  • The categories of third parties with whom we share the Personal Information.
  • The categories of Personal Information that we sold or disclosed for a business purpose.
  • The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
• Right to Know - Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
• Right to Deletion. You can ask us to delete the Personal Information that we have collected from you.
• Right to Opt-Out. You have the right to opt-out of any "sale" of your Personal Information as defined in the CCPA.
• Right to Nondiscrimination. You are entitled to exercise the rights described above free from discrimination prohibited by the CCPA.

10.3 HOW TO EXERCISE YOUR RIGHTS

We will need to verify your identity to process your information, access, and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require you to log into an Gumstack online account (if applicable), provide government identification, give a declaration as to your identity under penalty of perjury, and/or provide additional information. These rights are not absolute, and in some instances, we may decline your request as permitted by law.

10.4 PERSONAL INFORMATION THAT WE COLLECT, USE AND DISCLOSE

The categories of Personal Information we collect are described below by reference to the statutory categories of Personal Information specified in the CCPA (California Civil Code section 1798.140):

• Identifiers (excluding online identifiers), such as first and last names, email addresses, phone numbers, avatars, company name, your role in your company, social media profile information; photo ID that you provide if we ask you to verify your identity; and document signatures.
• Commercial information, such as records of your transactions with us and services considered.
• Financial information, such as your credit card information, billing and mailing address and other payment-related information.
• Online identifiers, such as operating system type and version number, manufacturer and model; browser type; screen resolution; IP address; unique device identifiers; and Gumstack-assigned user identifiers.
• Internet or network information, such as the website you visited before browsing to the Gumstack services; how long you spent on a page or screen; navigation paths between pages or screens; session date and time; activity status (including first seen, last seen, last heard from and last contacted); pages viewed; links clicked; language preferences; and other information about your interaction with our sites and services, including the information described in our Cookie Policy.
• Geolocation data, the approximate location associated with your IP address.
• Professional or employment information, such as your job title and organizational affiliation.
• California Customer Records (listed in California Civil Code section 1798.80), such as the Professional or employment information, Financial information, Commercial information and Identifiers listed above.
• Sensory information, such as photos you choose to submit in our services and security camera footage captured in our offices.
• Inferences drawn from any of the above information to create a profile reflecting your preferences, characteristics, and behavior.

The above summary of how we collect, use and share Personal Information describes our practices currently and for the 12 months preceding the effective date of this Notice. If you any questions, comments or concerns please submit them in writing legal@gumstack.com, and we will get back to you at the earliest.