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Privacy Policy 

Effective Date: May 21st, 2020

Last Updated: October 27, 2020


True Shape, Inc. doing business as Gatherly.io (“Gatherly”, “us”, “we”, or “our”) and its affiliates recognizes the importance of protecting the personal information we collect from visitors to our website, our customers and their users. This Privacy Policy applies to the data collection and privacy practices of Gatherly when we collect personal information from visitors and any other individual or entity (“User,” “you,” or “your” who visit our websites, www.gatherly.io and vesta.gatherly.io (each a “Site” and together the “Sites”), and other Gatherly-related sites, including those we maintain for our customers (“Customers”), and other applications, software, communication and services accessible on or by any top-level Gatherly domain owned by us (collectively, the “Services”), but excluding services that state that they are offered under a different privacy policy.


Please familiarize yourself with our privacy practices as described in this Privacy Policy. This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of your personal information when you use our Services and the choices you have associated with that personal information.  As one of our customers or as a visitor to the Site or User of our Services, you understand and agree that we collect, use and disclose your information in accordance with this Privacy Policy.

If you have any questions or comments about this Privacy Policy, please submit a request to help@gatherly.io.


When this Privacy Policy Applies


Our Privacy Policy applies to all of the Services offered by Gatherly and its affiliates, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy. 


Our Privacy Policy does not apply to services offered by other companies or individual, including products or sites that may be displayed to you, or other sites linked from our Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, who may use cookies, pixel tags and other technologies to serve and offer relevant advertisements.


Terms of Use


By accessing or using the Sites in any manner, you also agree to be bound by Gatherly’s Terms of Use (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites.


Information Collection and Use


We collect several different types of information for various purposes to provide and improve our Service to you.


While using our Service, we may ask you to provide us with certain personal information that can be used to contact or identify you ("Personal Data"). Common examples of Personal Data may include, but is not limited to:



When you use our Services, we collect Personal Data in the following ways:


  1. Information Users Give Us



You may choose to provide us with Personal Data about yourself, including your name, organization name, and email address by completing forms on our website, such as when you request a demo or information about our Services.


You may also provide us with Personal Data about yourself when you report a problem or have a question about our Services. The Sites offer interactive and social features that permit you to submit content and communicate with us. You may provide Personal Data to us when you post information in these interactive and social features. 



Certain information is required when you organize and host an event through our web application. If you are an administrator or organizer, we may ask that you create an account to use our Services on the web application, such as your name, email address, user name and password.   


In addition, in order to verify your identity, you may choose to provide additional information such as your name, your email address, and your IP address. You can choose not to provide certain information, but then you may not be able to access the Services or take advantage of some features of the Services.


When your device syncs with the Gatherly web application, certain data recorded on your device is transferred from your device to our servers.



Certain information is required when creating an account to use our Services on the web application, such as your name, email address, user name and password.   


In addition, in order to verify your identity, you may choose to provide additional information such as your name, your email address, and your IP address. You can choose not to provide certain information, but then you may not be able to access the Services or take advantage of some features of the Services.


When your device syncs with the VESTA web application, certain data recorded on your device is transferred from your device to our servers.


  1. Information We Obtain from Your Use of Our Services


We collect certain information automatically, such as a User’s operating system version, browser type, and internet service provider. We also collect information about a User’s interaction with the Services, such as creating or logging into their account, or opening or interacting with the Services on their mobile device. When you use our Site, we automatically collect and store this information in service logs. This includes: details of how the User used our Site; Internet protocol address; cookies that uniquely identify the User’s browser, the referring web page and pages visited.  We may also collect and process information about the User’s actual location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties.



We may also collect information about how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as a User’s computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.


When using our Services, we or our service provider may collect a User’s unique device ID. We may use such information for internal purposes and to provide a better experience, such as to troubleshoot application problems a User may experience. We may associate device ID with personal information a User provides to us. Users may learn more about opt out of any anonymous device ID collection via the privacy settings available within their mobile device.



We and our partners use various technologies to collect and store information when Users use our Services, and this may include cookies and similar tracking technologies to track the activity on our Service and hold certain information. We also use these technologies to identify Users’ browser or device. Our third party advertising and analytics partners include Google, Hubspot, Segment, Heap, Sentry, Osano and similar partners.


The technologies we use for this automatic data collection may include:


Cookies: Cookies are files with a small amount of data placed on the hard drive of a User’s device which may include an anonymous unique identifier. Cookies are sent to the browser from a website and stored on a User’s device.  Users may refuse to accept browse cookies by activating the appropriate setting on their browser. However, if the User selects this setting, they may be unable to access certain parts of our services. Unless the User has adjusted their browser setting so that it will refuse cookies, our system will issue cookies when the User directs their browser to our Services. For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy.


Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).


Gatherly Customers 


Some businesses engage us to deliver Services to their employees, customers and other users (“Gatherly Customers”). We may partner with these third parties, such as employers and other businesses that offer the Gatherly Services to their employees, customers, event participants and other users. In such cases, those companies may provide us with your name, email address, or other personal data, so that we can invite you to participate or to use the Services.


How We Use Personal Data We Collect


Gatherly uses the collected data in ways that are compatible with the purposes for which it was collected or authorized by Users, including for the following purposes:



We and our service providers may use IP addresses to understand the locations from which Users are accessing the Services.  Except where prohibited by applicable law or regulation, we may combine information collected through one source with information obtained through other resources. We also may supplement the information we collect with information obtained from third parties. We will treat any information that we combine with User’s personal information as Personal Data pursuant to this Privacy Policy. 


We use information collected from cookies and other technologies, to improve your experience and the overall quality of our services. We may use User’s Personal Data to see which web pages you visit at our Site, which web site you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it.  We may also use the information we obtain about Users in other ways for which we provide specific notice at the time of collection.


We will ask for User consent before using information for a purpose other than those set out in this Privacy Policy.


Our Legal Basis for Collecting Personal Data


We have set out below, in a table format, a description of all the ways we plan to use  User Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.



Purpose/Activity

To register  User as a new user

Type of data

Lawful basis for processing including basis of legitimate interest

Purpose/Activity

To provide Customers with analytical information about the use of our apps

Type of data

Lawful basis for processing including basis of legitimate interest

Purpose/Activity

To manage our relationship with  Users which will include:

Type of data

Lawful basis for processing including basis of legitimate interest

Purpose/Activity

To enable Customers or  Users to partake in an event, prize draw, competition or complete a survey

Type of data

Lawful basis for processing including basis of legitimate interest

Purpose/Activity

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

Type of data

Lawful basis for processing including basis of legitimate interest

Purpose/Activity

To deliver relevant website content and advertisements to  Users and measure or understand the effectiveness of the advertising we serve to you

Type of data

Lawful basis for processing including basis of legitimate interest

Purpose/Activity

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

Type of data

Lawful basis for processing including basis of legitimate interest

Purpose/Activity

To make suggestions and recommendations to  Users about goods or services that may be of interest 

Type of data

Lawful basis for processing including basis of legitimate interest


Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against Users’ privacy and confidentiality interests, including taking into account reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.


Failure to Provide Personal Data


A User’s provision of Personal Data is required in order to use certain Services and programs.  In some instances, if a User fails to provide such Personal Data, the User may not be able to access and use our Services, or parts of our Services.  


Our Retention of Personal Data


We use and retain User’s Personal Data for as long as necessary to fulfill the purpose for which it is being processed, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).


After expiry of the applicable retention periods, User Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.


Transfer of Data


We are committed to complying with applicable laws, regulations and mandatory government standards regarding the protection of Personal Data.


We may, directly or indirectly through third-party entities around the world, process, store and transfer the information Users provide, including Personal Data, as described in this Privacy Policy. Specifically, the information and Personal Data that we collect may be transferred to and maintained on computers and/or servers located outside of a User’s state, province, country or other governmental jurisdiction where the data protection laws may differ than those from their jurisdiction. Countries where we process data may have laws which are different, and potentially not as protective, as the laws of your own country.


If we transfer your Personal Data out of your jurisdiction, we will implement suitable safeguards and rely on legally-provided mechanisms to lawfully transfer data across borders to ensure that your Personal Data is protected.


Disclosure of Personal Data


Gatherly may disclose User Personal Data to commercial providers for a business purpose, which include verifying your identity. When we disclose Personal Data for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except for the purposes set forth in the contract.


Gatherly may disclose User Personal Data for legal reasons. Specifically, we will share Personal Data with Gatherly Customers, companies, organizations, or individuals outside of Gatherly if we have a good faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:



We attempt to notify our Customers about legal demands for User Personal Data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.


We may disclose such de-identified information publicly and to third parties, or to Gatherly’s Customers under agreement with us.


Privacy Rights and Choice


Users may have certain rights relating to their Personal Data, subject to local data protection law. Whenever Users use our Services, we aim to provide Users with choices about how we use Personal Data. Subject to applicable law, Users may obtain a copy of Personal Data we maintain about them. In addition, if a User believes that Personal Data we maintain about them is inaccurate, subject to applicable law, they may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect privacy and maintain security, we will take steps to verify the identity of the User before granting access to the information.



The European Union’s General Data Protection Regulation (“GDPR”), and corresponding legislation in the United Kingdom and Switzerland, provide European, Switzerland and United Kingdom residents with certain rights in connection with Personal Data you have shared with us. If you are resident in the European Economic Area, you may have the following rights:



Users may exercise any of the rights described in this section by sending an email to help@gatherly.io. Customers may update or correct information about themselves by submitting a request via email to help@gatherly.io. Please note that we may ask a User to verify their identity and request before taking further action on the request. We may respond to the request by letter, email, telephone or any other suitable method. If a User completely deletes all such information, then their account may become deactivated. We may retain an archived copy of a User’s records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.



By providing an email address on the Gatherly Sites or Services, Users agree that we may contact them in the event of a change in this Privacy Policy, to provide them with any Service related notices, or to provide them with information about our events, invitations, or related educational information.


For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a User to submit or receive information, as the case may be.


We currently provide the following opt-out opportunities: 


  1. At any time, Users can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us or a Gatherly Customer to unsubscribe from the Services.     
  2. At any time, User can contact us through help@gatherly.io or the address or telephone number provided below to unsubscribe from the service and opt-out of our right per their consent under the terms of this Privacy Policy to share their Personal Data.  


Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact Users in the event of a change in this Privacy Policy, or to provide you with any service related notices. 



As described above, we or third party partners may place or recognize a unique cookie on a User’s browser when the User visits our Sites for the purpose of serving targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). Users may find more information about entities involved in online advertising and additional choices they may make, including opt-out of having their information used for internet-based advertising, through the Network Advertising Initiative (“NAI”) at the NAI Service, and the Digital Advertising Alliance (the “DAA”) at the DAA consumer choice service. Gatherly is a participant in the online industry’s self-regulatory program administered by the DAA and has agreed to adhere to the DAA’s principles applicable to interest-based ads.


The tools provided at the DAA opt-out page and the NAI opt-out page are provided by third parties, not Gatherly. Gatherly does not control or operate these tools or the choices that advertisers and others provide through these tools. 


Third Party Links


The Sites may contain links to webpages operated by parties other than Gatherly. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party's website. Gatherly strongly recommends that each User review the third party's terms and policies.


Data Security


Gatherly maintains administrative, technical and physical safeguards designed to protect the user's Personal Data and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we and/or our service providers use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Data.  


The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure (including without limitation with respect to computer viruses, malicious software and hacker attacks). While we strive to use commercially acceptable means to protect User Personal Data, we cannot guarantee its absolute security. We cannot and do not guarantee or warrant the security of Personal Data or any information you disclose or transmit to us.  We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify Users of any such loss, misuse or alteration of Personal Data that may affect them so that they can take the appropriate actions.


For privacy protection, we urge Users to keep all passwords confidential.  We also recommend that Users do not include sensitive information such as passwords, social security numbers or payment information, in any emails that is sent to us. If any Customer or User becomes aware of any breach of the terms of this Privacy Policy or of the security of the Services, please notify us by email at help@gatherly.io.


Children's Privacy


We recognize the need to provide further privacy protections with respect to Personal Information we may collect from children on our Sites and through our Services. Parents and guardians of children under the age of 13 must provide a signed COPPA parental consent waiver to Gatherly before their child may use Gatherly’s services. We do not knowingly collect Personal Information from children unless we’ve obtained a signed COPPA consent waiver form from a child’s parent or guardian permitting the child to use Gatherly’s Services. A parent or guardian may access the COPPA parental consent waiver form here. If we learn that a child has provided us with Personal Information and a parent or guardian has not provided Gatherly with a signed COPPA parental consent waiver form, we will take steps to delete the information as soon as possible and cease the use of that information in accordance with applicable law.


When we intend to collect Personal Information from children, we take additional steps to protect children’s privacy, including:

For additional information about our practices regarding children’s personal information, please read our Children’s Privacy Policy that contains our COPPA Parental Consent Waiver. 


Direct Marketing and “Do Not Track” Signals


Gatherly does not track Users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of User browsing activities when they serve Users content, which enables them to tailor what they present to Users. If a   User is visiting such sites, their browser may include controls to block and delete cookies, web beacons and similar technologies, to allow them to opt out of data collection through those technologies.


California residents are entitled to contact us to request information about whether we have disclosed Personal Data to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Data to third parties for their direct marketing purposes.  Users may choose to opt-out of the sharing of their Personal Data with third parties for marketing purposes. To make such a request Users should send (a) an email to help@gatherly.io with the subject heading “California Privacy Rights,” or (b) a letter addressed to True Shape Inc, Attention: Privacy Inquiry, 24A Trolley Square #2268, Wilmington, DE 19806, United States.  In the request, Users should attest to the fact that they are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response.  We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.


Gatherly Customer Information


Some Gatherly Customers engage us to deliver Services to their employees, customers and other users. Partner Information, Information about our Partner’s Contacts and Archival Information (each defined below) are governed by this Privacy Policy, the Gatherly Terms of Use and any other services agreements between Gatherly and the applicable Partner. 






We treat Customer Information, Information about our Customer’s Contacts, Archival Information and Automatically Collected Information as the confidential and proprietary information of our Gatherly Customers, subject to the terms of the Gatherly Terms of Use and any other service agreement between Gatherly and the Customer. We do not share Customer Information, Information about our Customer’s Contacts, Archival Information or Automatically Collected Information with third parties unless directed to do so by our Customer, as may be necessary to provide services to the Customer, to our advisors, affiliates, representatives, agents, service providers, in connection with a business transaction (such as a merger or sale), as allowed under the terms of our agreement with our Partner, or in response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation. We may disclose Customer Information, Information about our Customer’s Contacts, Archival Information or Automatically Collected Information for the aforementioned reasons, or in order to protect our rights or the rights of our affiliates, Gatherly Customers, channel partners or service providers.


We will retain Customer Information we process on behalf of our Gatherly Customers for as long as needed to provide services to our Customers, or for the period of time requested by a particular Customer.


Changes To This Privacy Policy


We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will not reduce the rights under this Privacy Policy without your explicit consent. We will let Users know via email and/or a prominent notice on our Services, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. We will also keep prior versions of this Privacy Policy in an archive for your review.


Contact Us


If you have any questions about this Privacy Policy or if you would like to exercise the choices discussed above, please contact us:




True Shape, Inc.

Attn: Privacy Policy Inquiry

24A Trolley Square #2268

Wilmington, DE 19806

United States of America