Privacy Policy

CrowdGather Privacy Policy

WWW.CROWDGATHER.COM

PLEASE READ THIS PRIVACY CAREFULLY BEFORE USING THIS SITE.

This Privacy Policy covers how Crowdgather, Inc. (“Company”) will use its users’ personally identifiable information (“Personal Data”) as well as general demographic and behavioral information (“Demographic Data”) that Company gathers when users access, register for and use this Site, when users use our Content or when users post their User Generated Content to the Site. Also, this policy will apply when users access and use the Company’s other owned websites and forums, and a copy of this Privacy Policy will be accessible on those sites as well. Capitalized terms contained herein shall have the same meanings ascribed to them in the Site’s Terms and Conditions.

The Company knows that users care about how their personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy.

By voluntarily providing us with Personal Data and/or using this Site, you are consenting to our use of your Personal Data and Demographic Data in accordance with this Privacy Policy.

When you register, you will automatically be consenting to all of your Personal Data information being shared according to this Privacy Policy unless you opt out of sharing some or all of your Personal Data in certain circumstances when you register.

The Company complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. The Company has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view the Company’s certification, please visit http://www.export.gov/safeharbor/.

1. Demographic Data

Through the use of certain technologies we are able to track and store certain types of information whenever you interact with our Site. The Company automatically receives and records information on our server logs from your browser including IP addresses, cookie information, browsing history and the Site pages requested. The Company only uses this data in aggregate form, for statistical purposes, and not in a manner that would give the Company sufficient information to identify you personally. This type of aggregate data enables us to figure out how often users access parts of the Site, what types of Content they are interested in, where they are generally located and what are their general online behavior patterns. We utilize this information so that we can improve the Site and the Content. This information may be shared with advertisers and other third parties on an aggregated basis, but it does not include the Personal Data of individual users. Our use of cookies, pixel tags and IP Addresses are set forth accordingly:

(a) Cookies are small bits of information that that a website can send to your browser and may then be stored on your computer’s hard drive. It acts as an anonymous tag that identifies your computer, but not you personally. Cookies have the ability to store information about web pages viewed and the advertisements viewed or clicked. For registered users, cookies can also save user information and screen preferences. The Company uses cookies for improving the Site usability and aggregating non-identifiable behavioral information for both internal purposes and for sharing with our advertisers. Our cookies do not collect or contain Personal Data, but may reflect de-identified demographic or other data linked to the registration data you have submitted to us, e.g. your email address, in hashed, non-human readable form. To opt-out of these cookies, please go to http://www.aboutads.info/choices. While you may also turn off your computer’s acceptance of cookies through your browser, your full use of the Site may be restricted.

(b) Pixel Tags, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of the Site but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. The Company uses pixel tags for Site analytics, site crawling across the Company’s network of sites and to serve you more relevant Content and ads based upon your historical behavioral patterns. If you turn off cookies the pixel tag will simply detect an anonymous Site visit.

(c) We collect your computer’s IP addresses in order to conduct system administration, to conduct Site analysis, block computers who have violated our Terms of Service, and identify computers which may be engaged in illegal or illicit activity on our Site . While we do not associate IP addresses with records containing Personal Data, we will use IP addresses to identify any user who refuses to comply with these Terms and Conditions or otherwise violates any applicable laws. Additionally, we may be required to disclose IP addresses pursuant to a court order or subpoena.

(d) The Company shares Demographic Data and non-identifiable (e.g. hashed) Personal Data to third party advertisers and data brokers so that they can determine user preferences based upon online behavioral patterns and can serve contextual advertising while users are visiting the Site to enhance the user experience with more relevant advertisements. Users may opt out of these services as prescribed in Section 6 below.

2. Personal Data

If you provide Personal Data to this Site, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of the Company and the authorized third parties referred to herein located in the United States. The Company’s servers are located primarily in Los Angeles, California USA but also has its services hosted by Amazon cloud services which may transmit data from and to its servers throughout the United States.

(a) Information Collected Through the Site: We collect Personal Data through the Site when you voluntarily chose to provide us with such Personal Data, such as through one or more of the following options:

(i) Registration. The Company’s Site’s registration system requires users to give the Company your Personal Data, including contact information such as your name, e-mail address, home and mobile phone number, and demographic information such as gender, age, and income.

(ii) Forums, Blogs and Thread Discussions. Users may participate in forums, blogs and thread discussions with other users on the Site. While the Company does not actively mine for its users’ Personal Data disseminated in such blogs, threads and forums, the Company will be storing the content as User Generated Content and therefore collect such information indirectly. Although the Company does not monitor the exchange of Personal Data that users disclose to such other users in forums, blogs and group discussions, such data may be mined by third parties including other users and the Company’s advertisers as such data is considered publically accessible. Further, while the Company does not give advertisers direct access to Personal Data except as otherwise may be provided under Section 5 of this Privacy Policy, the Company’s advertisers may be able to derive a user’s identity from such public postings and link it to their Personal Data.

THE COMPANY STRONGLY ADVISES AGAINST USERS USING THEIR REAL NAMES AS THEIR “USER NAME” ON THE SITE, PARTICULARLY IF ENGAGED IN FORUMS, GROUP OR BLOG DISCUSSIONS WITH ANYONE THE USER DOES NOT KNOW. WHILE THE COMPANY ENCOURAGES THE FORUMS TO BE SELF-POLICING, SUCH POSTINGS WILL BE SEARCHABLE BY MAJOR SEARCH ENGINES AND THUS THE COMPANY CANNOT BE RESPONSIBLE FOR POTENTIALLY DAMAGING INFORMATION OR POSTINGS ASSOCIATED WITH YOUR TRUE IDENTITY. FURTHER, AS THE COMPANY DOES NOT SCREEN THE BACKGROUNDS OF OUR USERS, IT CANNOT GUARANTEE A USER’S PERSONAL SAFETY OR PREDATORY CONDUCT BY OTHER USERS. THEREFORE, THE COMPANY STRONGLY URGES ITS USERS NOT TO SHARE THEIR PERSONAL DATA WITH ANY OTHER USER UNLESS A USER KNOWS THEM PERSONALLY, AND THE COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY RELATED THERETO.

(iii) Method of Contacting Users. The Company may use Personal Data collected from its users to contact them or share the Personal Data with its advertisers who may also contact them. Typically, the user would be contacted by Company (or any other party authorized under Section 5 below) through email or pop-up windows on their browser. In some cases, such as to verify the identity of a registration, a user may be required to authenticate their registration through SMS. The user may only opt out of certain categories of contact as set forth in Section 5 and 6 of this Privacy Policy.

(iv) Modifying Personal Data. Users may modify or update their Personal Data after registration to ensure it is accurate by logging into their accounts and editing their user profile. Users may also modify their Personal Data sharing preferences under Section 5 below.

(v) Use of Personal Data. The Company uses Personal Data that its users provide in a manner that is consistent with this Privacy Policy. Specifically, the Company will use Personal Data to the extent necessary to provide the products and services offered on this Site, to register user profiles (including authentication), to maintain user account, to administer the Site, to facilitate user’s online transactions on the Site, including e-commerce transactions, to monitor violations of the Terms and Conditions (and take appropriate actions as prescribed in the Terms and Conditions) and as may be otherwise permissible under applicable law. The Company may also use user Personal Data to offer them certain products and services users may find of interest and share such information with third parties as prescribed in Section 5 below. Users may, however, opt out of receiving future solicitations by following the instructions in such email or by communicating the user’s opt out preferences in its profile as explained in Section 5 below.

If the Company intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, users will be informed of such anticipated use prior to or at the time at which the Personal Data is collected and will be given an opportunity to opt out of such use. In a case where such proposed usage is necessary to provide enhanced services on the Site, a user’s opt out to such usage may restrict the user’s use of all or a portion of the Site.

(vi) Personal Data Pertaining to Children (COPPA). Our Site is not designed or intended for use by children under 13. If you are under 18, you should use this Site only with involvement of a parent or guardian. Children under 13 are expressly prohibited from submitting any Personal Data to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.

(vii) Your California Privacy Rights (California Residents): California Civil Code Section 1798.83 permits our users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email privacy@crowdgather.com or write to us:

Crowdgather Inc.

20300 Ventura Blvd. Suite 330

Woodland Hills, CA 91364

Attn: Privacy Dept.

(viii) S.B. 370 Notice (California residents): Our Site does not honors “do not track” browser settings. Third parties such as advertising networks may collect information from your use of our Site.

3. Storage and Data Retention
“Active Data” means Personal Data and Demographic Data associated with the Site where the Site (a) admin has accessed such Site within the prior 30 day period and (b) has at least one (1) post within the previous 90-day period. Crowdgather collects and retains “Active Data” indefinitely. “Old Data” is any data which is not Active Data. Old Data may also include data collected from the Site prior to the Site being permanently disabled by the Company. The Company generally archives Old Data for a period of up to 30 days or sooner before deleting it from its servers.

4. Security
The Company employs reasonable security measures in place to protect against the theft, misuse and alteration of the Personal Data under its control. All Personal Data is housed in a secured internal infrastructure. The Company utilizes the current standard industry practices to maintain security of Personal Data. However, no Internet, mobile or e-mail transmission is ever fully secure or error free. In particular, e-mail or SMS message sent or uploaded User Generated Content sent to or from this Site may not be secure. Therefore, users should therefore take special care in deciding what information they send to the Company through an Internet connection or mobile network.
Personal Data contained in a user profile may only be accessible through a valid username and password. Users are responsible to maintain their user name and password and to not share these with anyone else. The Company is not responsible for any breaches of a user’s profile and access to their Personal Data which is attributed to lost or stolen user names and passwords. In the event of an inadvertent disclosure of a user’s user name and password, users are advised to change their password as soon as they become aware of such disclosure.

5. Personal Data Sharing
The Company considers its users’ Personal Data to be a vital part of their relationship. In most cases, the Company will not share your Personal Data without your prior informed consent, and you may opt out of the Company’s sharing of certain Personal Data to certain third parties as described in this Section 5. There are however, certain circumstances in which the Company may share a user’s Personal Data with certain third parties without further notice or required consent of users.

(a) Personal Data Sharing That Does Not Require User Consent Or Notice.

(i) Business Transfers: As the Company develops its business, it might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

(ii) Agents, Consultants and Related Third Parties: The Company retains the services of third party vendors to perform certain business-related functions for the Company and to provide users access and use of the Site. Examples include mailing information, maintaining databases and software, customer support and processing payments. When the Company employs third parties to perform such functions, it only provides them with the information that they need to perform their specific function.

(iii) Legal Requirements: The Company may disclose user Personal Data if required to do so by law or in the good faith belief that such action is necessary to (1) comply with a legal obligation, (2) protect and defend the rights or property of the Company or to enforce its Terms of Service, (3) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (4) protect against legal liability.

(b) Data Sharing Requiring Consent and Notice. Currently, the Company does not share Personal Data other than as set forth above. Should Company desire to modify the manner in which they collect, use or share Personal Data with third parties in the future, it will notify its users of such change and any Personal Data collected after the effective date of such change will be subject to the new privacy terms. At the time of the change, Users will have an opportunity to opt out of such sharing, if appropriate.

6. Choice / Opt Out

(a) Demographic Data. The Company uses third-party advertising companies to serve ads and collect information when users visit the Site. These companies may use information (not including users’ Personal Data) about users visits to this and other websites in order to provide advertisements on the Site, other websites and other forms of media about goods and services of interest to such users. Each of these third party companies may use cookie and/or pixel tag technology to track user behavioral patterns once a user registers on the Site. Some companies may also (1) match a user’s information in hashed (non-readable and non-identifiable)) format with third party opt-in lists ); and/or (2) transmit advertiser communications that may be relevant to a user based upon user behavior.

If a user would like more information about this practice and to know your choices about not having this information used by these companies, check out http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/choices to opt out. In some instances, users may request more information from these third parties concerning their respective products and/or services by clicking on such advertisement. Some of the third party advertisers offer to contact our users directly as a way to follow up a user’s interest in its products and/or services. In such cases, users will be asked for their Personal Data, and by providing your Personal Data in such a fashion, a user is consenting to being contacted by such third party.

(b) Personal Data. The Site gives users the opportunity to opt-out to receive communications from the Company and its third party advertisers when the user registers his/her profile on the Site. This Site also gives users the opportunity to stop receiving these communications at any time by editing their user’s account profile preferences. Additionally, users will find an opt-out option at the bottom of all communications, or they may write or email to the Company at the below address to opt out of future communications not directly related to the user’s access to the Site and their account:

Crowdgather Inc.

20300 Ventura Blvd. Suite 330

Woodland Hills, CA 91364

Attn: Compliance

optout@crowdgather.com

7. External Links

The Company may provide links to various Company owned and third party web sites which are provided solely for the user’s convenience. However, even if a third-party affiliation exists between the Site and that destination site, the Company does not exercise authority over these linked sites unless it is one of the Company-owned sites listed above. Each third party website maintains independent privacy and data collection policies and procedures. The Company does not assume responsibility or liability for these independent methods or actions and are not responsible for the independent policies or procedures of destination sites. Similarly, the Company cannot take responsibility for the privacy initiatives or the content of such web sites. These links to third party web sites are provided only for the user’s convenience, and as such, the user accesses them at their own risk. However, the Company wishes to ensure the integrity of the Site and its destination links, so any comments pertaining to the Site or any third party websites accessed through these links are greatly appreciated.

8. Exclusions

This Privacy Policy does not apply to any Personal Data collected by the Company other than Personal Data collected through the Site. This Privacy Policy shall not apply to any Unsolicited Information and User Generated Content users provide to the Company through this Site or through any other means. This includes, but is not limited to, information posted or requested to be posted to any public areas of the Site. Except as otherwise provided in the Terms and Conditions, all Unsolicited Information and User Generated Content shall be deemed to be non-confidential and the Company shall be free to reproduce, use, disclose, and distribute such Unsolicited Information and User Generated Content to others without limitation or attribution.

9. Changes

The Company may amend this Privacy Policy from time to time and will provide notice to you. Use of information the Company collects now is subject to the Privacy Policy in effect at the time such information is used/collected. Since the Company may make changes in the way it uses Personal Data, you will be notified of such proposed uses, and if appropriate, you will have an opportunity to opt out of such use.

10. Complaints

The Company considers the privacy of its users of utmost importance, and welcomes any feedback from its users regarding privacy concerns. In the event of any issues or complaints regarding the Company’s alleged violation of this Privacy Policy, users may contact the Company at privacy@crowdgather.com. The Company will use all reasonable efforts to resolve user complaints in this regard.

In the event that the Company and user are unable to reach an amicable solution, any disputes, claims or controversies arising out of or relating to this Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved individually, without resort to class action, through binding arbitration in Los Angeles, California, USA (or the city of user’s permanent US residence) before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction or otherwise preclude any user from seeking individual remedies in small claims court for claims if within the scope of such court’s jurisdiction. If a user initiates an arbitration under this Section 10, the user shall only be required to pay an arbitrator’s fee of $250 as provided in JAM’s consumer complaint policies. Each of the parties will pay their respective attorneys’ fees associated with the arbitration and in no event shall the arbitrator be entitled to award attorneys’ fees. The arbitrator’s award will be limited to the user’s actual and direct proven damages and in no event shall the arbitrator be permitted to award punitive, indirect, consequential, special, statutory damages. The arbitrator’s award shall be subject to the disclosure requirements set forth in the US-EU Safe Harbor Framework.

Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark and other laws. If you breach any of these Terms, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed materials.

Certain of the statements contained on this website, are forward-looking statements that involve a number of risks and uncertainties. Factors that could cause actual results to differ materially include the following: business conditions and growth in the Company´s industry and general economy; competitive factors, risks due to shifts in market demand; and the risk factors listed from time to time in the Company´s reports filed with the Securities and Exchange Commission as well as assumptions regarding the foregoing. The words “believe,” “estimate,” “expect,” “intend,” “anticipate” and similar expressions and variations of such expressions identify certain of such forward-looking statements, which speak only as of the dates on which they were made. The Company undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise. Reade!
rs are cautioned that any such forward-looking statements are not guarantees of future performance and involve risks and uncertainties, and that actual results may differ materially from those indicated in the forward-looking statements as a result of various factors. Readers are cautioned not to place undue reliance on these forward-looking statements.

The information contained in the news releases accessible through this website should be viewed as accurate only on the date the press releases are rendered. Changes in circumstances could have occurred from the date of such press releases that might materially affect the information contained therein.

We have not undertaken any duty with respect to any information available through websites for which hyperlinks are provided in these pages and assume no responsibility for the accuracy, completeness or fairness of the information that may be contained therein.

THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CrowdGather, Inc. further does not warrant the accuracy and completeness of the materials at this Site. CrowdGather, Inc. may make changes to the materials at this Site at any time without notice. The materials at this Site may be out of date and CrowdGather, Inc. makes no commitment to update the materials at this site.

IN NO EVENT WILL CROWDGATHER, INC., BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

All information contained on this website is provided for information purposes only and is not to be construed as recommendations by CrowdGather, Inc. to buy, sell or hold any securities.

This Site is administered by CrowdGather, Inc. from its offices in Woodland Hills, CA. CrowdGather, Inc. makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, or export, or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of laws.

CrowdGather, Inc. may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

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