Our Policies
Privacy statement
Welcome to our privacy statement. You can find out more about how we handle your personal data here. We explain what data we process, how we handle these data and what choices you have. Gems respects the privacy of our users and are committed to protecting your personal information. As Gemster you are fully in control and you have your own privacy dashboard in the Gems app.
We use personal data to make the Gems app as easy and fun as possible.
Gems is the controller and therefore responsible for the processing of personal data.
Our data are:
SYS B.V.
Nicolaas Maesstraat 134, 1071RH, Amsterdam
The Netherlands
KVK : 76739597
hello@gems.community
1. General
This privacy statement describes how the data controller (hereafter: ‘We’ or ‘Gems’) processes the personal data of its users. ‘User’ or ‘you’ is understood to mean every user and/or visitor of the (mobile) app of Gems.
The personal data processed by Gems are:
- Account data as name, (e-mail) address, telephone number; gender and age;
- (profile) picture(s);
- Payment details;
- Data shared via surveys;
- Data being processed via cookies; find an overview of those in the cookie statement;
- Browser details, device ID, IP address;
- Location data;
- Unique device identifiers, ip-address;
- Telephone numbers of your contacts.
3. Legal basis
Gems processes personal data based on the agreement, legitimate interest or consent. Given consent can be withdrawn at any time.
4. Retention terms
Gems does not retain data longer than necessary after a period of 24 months of inactivity, unless Gems is obliged to keep personal data for longer on the basis of a legal obligation. Marketing data are not kept for more than 24 months after inactivity.
More about the retention term of user content in the General Terms.
2. Purposes
There are various purposes on the basis of which Gems processes data:
- to be able to use the Gems app as good as possible and adjust to your preferences;
- to help you as good as we can when you contact us;
- to know where you are the moment you want to share Gems on your profile;
- to connect with your contacts on the Gems app;
- to show Gems nearby and to show when you are in a Gem;
- to show other Gemsters to connect with;
- to show you special gems and send you the latest gems news;
- for direct marketing purposes and to be able to send you a message on your birthday;
- to give you the opportunity to make a hotel or restaurant reservation directly via the Gems app;
- to ask you some questions via the app after a restaurant or hotel visit, or other Gems experience;
- to conduct research and development and other activities to improve our app;
- to understand how users interact with the Gems app.
Collection and Use of Contact Lists
In our efforts to facilitate better connectivity and enhance your experience within the Gems app, we may request access to your contact list. This access allows us to:
- Connect You with Your Contacts on the Gems App: By accessing your contact list, we aim to help you find and connect with your friends and family who are already using the Gems app.
- Personalized Experience: Utilize your contacts to provide a more personalized experience within the app, suggesting connections you may know and wish to connect with.
- Sharing Features: Enable easier sharing of Gems, invitations, or content within your network directly through the app.
Consent and Control: Access to your contact list is based entirely on your consent. You will be prompted to grant permission for this access, and you can control, modify, or revoke this consent at any time through your device’s settings or directly within the app’s privacy settings. We respect your decision and will only access your contact list if you have explicitly agreed to allow it.
Security and Privacy: We are committed to maintaining the security and privacy of your personal data. Access to your contact list is conducted in a manner that ensures the protection of your data, adhering to our strict data protection standards and practices. Your contact list is only used for the purposes outlined above and is not shared with any third parties without your explicit consent.
Data Retention: We do not store any data from your Contact list.
5. Data subject rights
We make sure your rights are covered.
- when you log in to your account, you can change your details at any time;
- you can delete your account and personal data via your account in the app;
- to submit a request for access to your personal data processed by Gems, you can file a request per e-mail to: privacy@gems.community. We may ask you to verify your identity to make sure we are submitting the information to the right person;
- to stop receiving newsletters from us, you can always unsubscribe at the bottom of the newsletter;
- to stop receiving in app messages, you can always use the opt-out button in your account settings.
6. Data security
Gems has taken appropriate technical and organizational measures to protect the personal data of users against loss or unlawful processing, including the use of an SSL connection and encrypted storage of the data.
We work with reputable parties when we outsource things that third parties can do much better.
7. Data processors and data transfers
Your personal data is being processed in the European Union as much as possible. We have concluded data protection agreements with our (sub-) processors. However, Gems is a worldwide service and we therefore may share data of EEA residents outside the EEA. In the event that personal data is processed outside the European Union, we ensure that the correct protective measures are taken to protect this personal data. More specifically, we will comply with the model provisions of the European Commission.
Reservations via the app
When you make a reservation via the app, your details are shared with the hotel or restaurant in question. The supplier (the hotel, restaurant or other) is the data controller. To find out how the supplier handles your data, check the privacy statement on the supplier’s website.
Log in with Facebook or Google
When you make use of the possibility to log in with your Facebook or Google account, information will be shared. You can withdraw your permission at any time.
8. Californian residents
For Californian residents, the California Consumer Privacy Act (CCPA) requires us to disclose categories of personal data we collect and how it is being used, the categories of sources from whom personal data are being collected, and the third parties with whom these data are being shared, which has been explained above.
Californian residents have also certain rights according their personal data under California law. You may exercise the following rights:
- Right to Know and Access: you may submit a request for information regarding the: (1) categories of personal data we collect, use, or share; (2) purposes for which categories of personal data are collected or used by us; (3) categories of sources from which we collect personal data; and (4) specific pieces of personal data we process.
- Right to Equal Service: Gems will not discriminate against you if you exercise your privacy rights.
- Right to Delete: you may submit a request to close your account and we will delete your personal data.
In order to verify your identity when you make a request, you will be required to log in to your account (protected with a password) or respond to an e-mail verification request. See also “5. Data subject rights” above.
See also the purposes of data collection in section ‘2. Purposes’.
We do not sell personal data of our users.
9. Children
Children under 13 are not allowed to use the Gems app. If you are based in the EEA you may only use the Gems app if you are over the age at which you can provide consent to data processing under the laws of your country.
10. Contact
Do you have a question about the data processing by Gems? In that case you can contact our Data Protection Officer via privacy@gems.community
Our further contact details are: SYS B.V., Nicolaas Maesstraat 134, 1071RH, Amsterdam, The Netherlands.
It is also possible to submit questions and complaints to the Dutch Data Protection Authority, via www.autoriteitpersoonsgegevens.nl.
11. Changes
Changes to this privacy statement will be published on the website. The user is advised to read this privacy statement carefully when using the Gems app. This privacy statement was last amended on October 1st, 2021.
