Privacy Policy
PRIVACY POLICY
- Visit our website
at https://www.gemx.club , or any website of ours that links to this Privacy Notice
- Engage with us in other related ways, including any sales, marketing, or events
SUMMARY OF KEY POINTS
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.names
phone numbers
email addresses
mailing addresses
contact preferences
billing addresses
debit/credit card numbers
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.- To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
- To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
- To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
- To
fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
- To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
- To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see
" WHAT ARE YOUR PRIVACY RIGHTS? " below.
- To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
- To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
- To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e.- Consent. We may process your information if you have given us permission (i.e.
, consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent.
- Performance of a Contract. We may process your personal information when we believe it is necessary to
fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
- Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
- Send users information about special offers and discounts on our products and services
Analyze how our Services are used so we can improve them to engage and retain users
- Support our marketing activities
- Understand how our users use our products and services so we can improve user experience
- Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
- Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.
- If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
- For investigations and fraud detection and prevention
- For business transactions provided certain conditions are met
- If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
- For identifying injured, ill, or deceased persons and communicating with next of kin
- If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
- If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
- If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
- If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
- If the collection is solely for journalistic, artistic, or literary purposes
- If the information is publicly available and is specified by the regulations
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other than your own.6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of8. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short:Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:Log in to your account settings and update your user account.
Contact us using the contact information provided.
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (11. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: If you are a resident ofCategories of Personal Information We Collect
We have collected the following categories of personal information in the past twelve (12) months:| Category | Examples | Collected |
A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name |
B. Personal information as defined in the California Customer Records statute | Name, contact information, education, employment, employment history, and financial information |
Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data | ||
Transaction information, purchase history, financial details, and payment information | ||
Fingerprints and voiceprints | ||
Browsing history, search history, online | ||
Device location | ||
Images and audio, video or call recordings created in connection with our business activities | ||
Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us | ||
Student records and directory information | ||
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics | ||
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.
- Category A -
As long as the user has an account with us
- Category B -
As long as the user has an account with us
Sources of Personal Information
Learn more about the sources of personal information we collect inHow We Use and Share Personal Information
Your Rights
You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:- Right to know whether or not we are processing your personal data
- Right to access your personal data
- Right to correct inaccuracies in your personal data
- Right to request the deletion of your personal data
- Right to obtain a copy of the personal data you previously shared with us
- Right to non-discrimination for exercising your rights
- Right to opt out of the processing of your personal data if it is used for targeted advertising
(or sharing as defined under California’s privacy law) , the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ( "profiling" )
- Right to access the categories of personal data being processed (as permitted by applicable law, including Minnesota’s privacy law)
- Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including
California's and Delaware's privacy law)
- Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including
Minnesota's and Oregon's privacy law)
- Right to review, understand, question, and correct how personal data has been profiled (as permitted by applicable law, including Minnesota’s privacy law)
- Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California’s privacy law)
- Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida’s privacy law)
How to Exercise Your Rights
To exercise these rights, you can contact usRequest Verification
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.Appeals
Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us atCalifornia
California Civil Code Section 1798.83, also known as the 12. DO OTHER REGIONS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: You may have additional rights based on the country you reside in.Australia
- offer you the products or services that you want
- respond to or help with your requests
- manage your account with us
- confirm your identity and protect your account
Republic of South Africa
At any time, you have the right to request access to or correction of your personal information. You can make such a request by contacting us by using the contact details provided in the section13. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.14. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Gem X Core Collection | Terms and Conditions
1. DEFINITIONS: “Gem X” refers to Gem X LLC, who has lent a given piece of jewelry to Customer. “Jewelry” refers to any piece of jewelry identified above that is being lent to Customer by Gem X on memo for a period not to exceed six weeks. “Loan Period” refers to the period of time which Gem X agrees to lend the Jewelry to Customer.
2. APPLICABILITY: These Terms and Conditions govern and apply to a one year membership in the Gem X Core Collection Program. Customer agrees that by accepting these Terms and Conditions, Gem X is authorized to charge Customer’s credit Card on file the full price of a one year membership. Customer further agrees that by accepting these Terms and Conditions, Customer’s membership in the Gem X Core Collection program will automatically renew one year from the expiration of the term of membership, and Customer’s credit card will be charged for each annual membership renewal. Customer acknowledges that should Customer seek to cancel Customer’s membership at any time during each one year membership term, Customer will not be entitled to any refund for any portion of the one year membership term prior to which the Customer cancelled membership. Customer agrees that Customer may only avoid an automatic membership renewal (and corresponding credit card charge) by canceling Customer’s membership in writing via email to members@gemx.club at least 24 hours prior to the expiration of the term of Customer’s one year Gem X Core Collection Program membership. Nothing herein shall be construed as implying any obligation on Gem X’s part to continue or cancel Customer’s membership at any time. Gem X reserves the right to cancel Customer’s membership in the Gem X Core Collection Program, and further reserves the right to decline to renew Customer’s membership in the Gem X Core Collection Program, for any reason including but not limited to a violation of any of these Terms and Conditions.
3. AUTHORITY TO SIGN: Any individual signing below, via Docusign or by clicking a check-box acknowledging acceptance of these Terms and Conditions, represents and warrants that he or she is of legal age and has the authority and powder to sign below or check the box accepting these Terms and Conditions, either on his or her own behalf or on behalf of the Customer.
4. CORE COLLECTION AGREEMENT: Customer agrees that by signing below, via Docusign or by clicking a check-box acknowledging acceptance of these Terms and Conditions, Customer shall be part of the Gem X Core Collection program, in which Gem X shall, in Gem X’s sole discretion, lend Customer on memo one or more pieces of Jewelry to be selected by Gem X for a period not to exceed six (6) weeks. At the end of the Loan Period, Customer agrees that it shall ship the Jewelry back to Gem X via the pre-printed Federal Express label to be e-mailed to Customer by Gem X.
5. INSPECTION: Customer acknowledges that Customer has inspected the Jewelry upon taking possession thereof, finds it in good and undamaged condition, with no damaged or missing stones or components, and finds it suitable for Customer’s needs. To the extent that Customer finds the Jewelry to have any damage, or damaged or missing stones or components whatsoever upon receipt of the Jewelry, Customer shall promptly notify Gem X of any damage to the Jewelry, or damaged or missing stones or components, within one (1) business day of receipt. Notice shall be provided to Customer via email, and shall include photographs of any damage to the Jewelry, and/or damaged or missing stones or components. Customer further acknowledges and agrees that should Customer fail to notify Gem X of any damage to the Jewelry, or damaged or missing stones or components, within one (1) business day of receipt of the Jewelry: (a) Customer waives any claim that the Jewelry arrived with any damage whatsoever; (b) Customer will be responsible for reimbursing Gem X for any damage to the Jewelry, or damaged or missing stones or components, as further described in paragraph 5.
6. RETURN OF JEWELRY/CUSTOMER RESPONSIBLE FOR ANY DAMAGE: At the expiration of the Loan Period, Customer shall return the Jewelry as specified in paragraph 3. Upon receipt of the Jewelry by Gem X, Gem X shall inspect the Jewelry for any damage to the Jewelry and damaged or missing stones or components. Should Gem X determine, in its sole discretion, that there is any damage to the Jewelry, or that there are any damaged or missing stones or components, or that the Jewelry has been tampered with in any way such that it is not in the condition that it was in at the commencement of the Loan Period, Gem X shall notify Customer in writing within ten (10) business days of receipt of the Jewelry. Gem X shall make any repairs and/or replace any damaged or missing stones at its sole discretion, and shall invoice Customer in writing for the full cost of said repairs within ten (10) business days of such repairs being made. Customer hereby agrees and consents that Gem X may charge Customer’s credit card on file within two (2) days of Gem X sending the above Invoice without further notice to Customer. Customer further agrees and acknowledges that, should Customer fail to return the Jewelry within five (5) business days of the expiration of the Loan Period, Gem X may invoice Customer for the full replacement cost of the Jewelry, and may charge Customer’s credit card of file within two (2) days of Gem X sending the above Invoice without further notice to Customer.
7. TITLE/NO PURCHASE OPTION/NO LIENS: These Terms and Conditions do not constitute a contract of sale, and title to the Jewelry shall at all times remain with Gem X. Gem X may offer Customer the option to purchase the Jewelry in Gem X’s sole discretion, but any such purchase of the Jewelry by Customer shall be the subject of a further contract or agreement. Customer shall keep the Jewelry free and clear of all liens and encumbrances, and under no circumstances shall Customer use the Jewelry as collateral or security for any type of loan whatsoever. Customer shall not lease, assign, loan, or rent the Jewelry to any individual or entity.
8. ENTIRE AGREEMENT/ONLY AGREEMENT: These Terms and Conditions shall constitute the entire agreement between Gem X and Customer, and shall supersede all prior agreements, understandings and negotiations between Gem X and Customer with respect to the subject matter hereof. Any modifications to these Terms and Conditions must be made in writing and signed by Gem X and Customer.
9. NON-WAIVER: Any failure of Gem X to insist on strict performance by Customer or any of these Terms and Conditions shall not be construed as a waiver of Gem X’s right to demand strict compliance.
10. HEADINGS FOR CONVENIENCE ONLY: Headings of any paragraph or provision in these Terms and Conditions are for convenience and organization only. Headings shall not affect the meaning of any provisions of these Terms and Conditions.
11. NO CONSTRUCTION AGAINST DRAFTER: Customer acknowledges that he or she has read these Terms and Conditions, and has agreed to all of the terms hereunder. Customer further agrees that any ambiguity in any of these Terms and Conditions shall not be construed against Gem X on the basis that Gem X authored the same.
12. SEVERABILITY: If any part or sub-part of these Terms and Conditions is deemed or held invalid or unenforceable by a court of law or competent arbitrator, the remaining Terms and Conditions will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms and Conditions shall continue in full force.
13. JURISDICTION/COSTS: Gem X and Customer agree that New York law shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between Gem X and Customer. In the event litigation is initiated, Gem X and Customer agree to submit to the personal jurisdiction of the state and federal courts of the following county: New York, New York. Gem X and Customer agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. Customer agrees to pay all reasonable costs of collection, court, attorney’s fees, and other expenses incurred by Gem X in the collection of any charges due under these Terms and Conditions or in connection with the enforcement of these Terms and Conditions.
14. ELECTRONIC SIGNATURES/CHECK BOXES: Customer agrees that execution and/or acceptance of these Terms and Conditions via Docusign, by clicking a check-box below, or via other electronic means, has the same force and effect as signing in ink.
15. CRIMINAL WARNING: Failure to return the Jewelry at the end of the Loan Period may be considered theft subject to criminal prosecution pursuant to the applicable penal or penal code provisions.