Giggster Privacy Policy

Last Updated: July 1, 2016

1. Giggster Privacy Policy

Giggster provides an online platform that connects listers who have properties to rent with renters seeking to rent such properties for uses including but not limited to motion pictures, television and other types of creative productions (collectively, the "Services"), which Services are accessible at www.giggster.com and any other websites through which Giggster makes the Services available (collectively, the "Site").

This Privacy Policy is intended to inform you about how we treat Personal Information that we collect from and about you. If you do not agree to any part of this Privacy Policy, then we cannot provide our Site or Services to you, and you should deactivate your account and not use any part of our Site.

2. Definitions

Where the definition of a term does not appear in this Privacy Policy (such as “Listing”, “Property”, “Content” etc.), it shall be given its definition as outlined in our Terms of Service.

“Affiliates” means companies related by common ownership or control. They can be financial and non-financial companies.

“Aggregated Information” means information about all of our users or specific groups or categories of users that we combine together so that it no longer identifies or references an individual user.

“Data Controller” means Giggster, the company responsible for the use and processing of Personal Information.

“Third Parties” means companies or persons not related by common ownership or control (i.e. non-affiliates) or other unrelated individuals. Third Parties can be financial and non-financial companies, or persons other than you and Giggster.

“Personal Information” means information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.

3. What We Collect

A. Information that you provide We receive, store, and process information, including Personal Information, which you provide when accessing or using our Site and Services. Examples include when you:

  • fill in forms on the Site, while registering or updating your user account, or while supplying ID and other verification information;
  • access or use the Site, for instance, while searching for or listing Properties, making, accepting, or paying for Properties, or book or pay for any associated services that may be available (such as Third-Party representation for your property), post comments or reviews, or communicate with other users;
  • link your account on a Third-Party Account to your Giggster Account, in which case we will obtain the Personal Information that you have provided to that Third-Party Account, to the extent allowed by your settings with the Third-Party site and authorized by you;
  • communicate with Giggster; and
  • share information with another Member.

B. Information we collect from your use of the Site We also receive, store and process information, possibly including Personal Information, when you access or use our Site and Services, including but not limited to:

  • Mobile Data

When you use certain features of the Site, we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. GPS-based functionality on mobile devices used to access the Site or specific features of the Site). If you access the Site through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.

  • Log Data

We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Site, regardless of whether you are registered with Giggster or logged in to your Giggster Account, such as your IP Address, the date and time you access or use the Site, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, device event information, pages viewed and the order of those pages, and the amount of time spent on particular pages.

  • Cookies and other Tracking Technologies

Giggster uses cookies and other similar technologies, such as mobile application and other device identifiers, on the Site. We may also allow our business partners to use their cookies and other tracking technologies on the Site. As a result, when you access or use the Site, you will provide or make available certain information to us and to our business partners.

While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser. We track your activities if you click on advertisements for Giggster services on Third-Party sites such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.

We may, either directly or through Third Parties we engage to provide services to us, also continue to track your behavior on our own Site for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Site and pay for your activities on the Site. We may also, either directly or through Third Parties we engage to provide services to us, track your behavior on our own Site to market and advertise our services to you on the Site and Third-Party websites. Third Parties that use cookies and other tracking technologies to deliver targeted advertisements on our Site and/or Third-Party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative and/or the Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on or about the Site – it just will not be tailored to your interests. In addition, if you disable cookies, you may lose some of the features and functionality of using our Site and Services, as cookies are necessary to track and enhance your use and access.

Third Parties may not collect information about users’ online activities on the Site except as described in this policy.

  • Third-Party social plugins

Our Site may use social plugins, which are provided and operated by Third Parties (e.g. Facebook’s Like Button).

As a result of this, you may send to the Third Party the information that you are viewing on a certain part of our Site. If you are not logged into your account with the Third Party, then the Third Party may not know your identity. If you are logged into your account with the Third Party, then the Third Party may be able to link information about your visit to our Site to your account with them. Similarly, the Third Party may record your interactions with the social plugin.

Please refer to the Third Party’s privacy policy to find out more about its data practices, such as what data is collected about you and how the Third Party uses such data.

You expressly consent to receive and accept communications from Giggster and their respective representatives, including via e-mail, telephone calls, text messages (including by an automatic telephone dialing system or a prerecorded voice), push notifications, or other comparable means at any of the e-mail addresses and/or telephone numbers provided by you or on your behalf to Giggster. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, advertising, marketing, promotional, debt collection, account administration, or other purposes. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PRERECORDED OR AUTODIALED PROMOTIONAL, ADVERTISING, OR MARKETING (COLLECTIVELY, “MARKETING”) CALLS OR TEXT MESSAGES AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES. IF YOU WISH TO OPT OUT OF MARKETING CALLS, EMAILS, OR TEXT MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS OR BY CONTACTING CUSTOMER SUCCESS AT CONTACT@GIGGSTER.COM. If you receive a marketing call from Giggster, you also may opt-out of receiving future marketing calls by communicating a do-not-call request to our representative before you hang up. You agree that Giggster and our representatives will not be responsible for honoring opt-out requests communicated through other channels. If you wish to register an account with Giggster without agreeing to receive autodialed or prerecorded marketing calls or text messages from Giggster, contact a Customer Success representative for assistance at contact@giggster.com. Standard text messaging and data charges charged by your wireless service carrier will apply to text messages we may send. You represent and warrant that you are authorized to approve the receipt of calls and text messages at any telephone number you provide to us in connection with your account or your use of our Services and to approve any related carrier charges. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING COMMUNICATIONS, Giggster MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN YOU, Giggster, AND/OR OTHER USERS OF THE PLATFORM, INCLUDING THE SERVICES YOU PROVIDE TO OR RECEIVE FROM OTHER USERS OF THE PLATFORM. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES OR OTHER COMMUNICATIONS MAY IMPACT YOUR USE OF THE SERVICES.

5. What We Do With The Information We Gather

A. We use, store and process information about you for the following general purposes:

  • to enable you to access and use the Site;
  • to enable you to communicate with other Members, including but not limited to by sending them messages or other information during the booking process;
  • to operate, protect, improve and optimize the Site, Giggster’s business, and our users’ experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and to provide customer service;
  • to help create and maintain a trusted and safer environment on the Site and Services, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing our Terms and policies, verifying the address of your listings, verifying any identifications provided by you (including by comparing the photo on that identification to another photo you provide to us), and conducting checks against databases and information sources (such as but not limited to public government databases) for fraud detection and prevention, risk assessment and harm prevention purposes. In this regard, we may do any or all of the foregoing with or without further notifying you;
  • to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  • to send you marketing, advertising, and promotional messages and other information that may be of interest to you, including information about Giggster, our services, or general promotions for partner campaigns and services. You can unsubscribe or opt-out from receiving these communications in your settings when you login to your Giggster Account or by sending us a message from Contact section on the Site;
  • to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with Third Parties.

B. How Giggster Uses and Processes User Communications

We may, either directly or through Third Parties we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via the Site for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Site may scan and analyze messages to help prevent Renters from substantially misleading Listers about the scope of their project, or fraudulent Listers asking to be paid outside of the Site. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending Third-Party marketing messages to you. We will also not sell these reviews or analyses of communications to Third Parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Site, you consent that Giggster, in its sole discretion, may, either directly or through Third Parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.

6. Disclosing Your Personal Information

We may transfer, store, use and process your information, including any Personal Information, to/in countries outside of the European Economic Area (“EEA”) and/or United States. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.

Your Personal Information may be disclosed as follows: 

  • i. Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Site to other users for marketing purposes or if you post content in a community forum or other features on the Site that are visible to the general public.
  • ii. Your public listing page will always include some minimum information such as the city and area where the Property is located, your listing description, your calendar availability, your public profile photo, and any additional information you share with other Members. Parts of your public listing page may be displayed in other parts of the Site to other Members and/or Third-Party sites for marketing purposes.
  • iii. The Site allows your public profile and public listing pages to be included in search engines, in which case your public profile and public listing pages will be indexed by search engines and may be published as search results.
  • iv. When you submit a request to book a Property, your full name, and the full name of any confirmed Renter in your Booking, and other Personal Information you agree to pass through to the Lister(s) will become visible to the Lister(s) of any Property you book or request to book. We may also disclose parts of your public profile, other Member reviews of you, and any additional information you share with other Members. In addition, if you agree to be contacted by the Lister(s) by phone before your request to book is accepted, and the Lister(s) decide(s) to do so, Giggster will call your phone number first, before connecting you with the Lister(s). We will not share your phone number unless there is a confirmed booking; if there is a confirmed booking, your phone number will become visible to the Renter, who may call you directly.
  • v. When your request to book a Property is accepted by the Lister(s) or when a Renter books your Property, we will disclose some of your Personal Information to the Lister(s) and any confirmed Renter(s). However, your billing and payout information will never be shared with another user.
  • vi. When a Lister accepts your request to book a Property, the Lister may elect to use Third-Party Services available through the Giggster Site to assist with managing the Property on and before the shoot dates, such as shoot supervision and coordination, and key providers. The Lister may use features on the Giggster Site to share information about the Renter with that Third-Party Service provider for the purposes of coordinating the shoot or managing the Property, including check-in and check-out dates or hours, rental agreements, rules, and terms, Renter name, Renter's phone number, and the Renter's anonymized email address.
  • vii. When a Renter books your Property or when you book a Lister's Property, we may ask you to review the Lister, Renter, or the Property. If you choose to provide a review, your review may be public on the Site. Likewise, another Member’s review of you may be public on the Site.
  • viii. You may link your account on a Third-Party social networking site to your Giggster Account. We refer to a person’s contacts on these Third-Party sites as “Friends”. When you create this linkage: 
    • some of the information you provide to us from the linking of your accounts may be published on your Giggster profile;
    • your activities on the Site may be displayed to your Friends on the Site and/or that Third-Party site;
    • a link to your public profile on that Third-Party social networking site may be included in your Giggster public profile;
    • the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
    • the publication and display of information that you provide to Giggster through this linkage is subject to your settings and authorizations on the Site and the Third-Party site.
  • ix. We may distribute parts of the Site (including your Listing) for display on sites operated by Giggster's business partners and affiliates, using technologies such as HTML widgets. If and when your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
  • x. We may also engage Third Parties, who may be located outside of the EEA/USA, to provide services to us, including but not limited to technology services and services to help verify your identification, to help match the photo on your ID to other photos of yourself you send to us, to conduct checks against databases such as but not limited to public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, to serve targeted ads, and to facilitate the payments or reimbursements you request. We may provide Personal Information about you to these Third Parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. For example, if we hire Third Parties, where permitted by applicable law, to conduct checks against databases such as but not limited to public government databases, we may provide your Personal Information, such as your full name and date of birth, to the Third Parties for the limited purpose of allowing them to conduct such checks, including background or registered sex offender checks, on our behalf. We will ensure that such Third Parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.
  • xi. You acknowledge, consent and agree that Giggster may access, preserve and disclose your account information and content that you have posted if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary (a) to respond to claims asserted against Giggster; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Giggster, its users or members of the public.
  • xii. We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

7. Business Transfers by Giggster

If Giggster undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.

8. Accessing, Changing, or Deleting your Information and/or Giggster Account

You may review, update, correct or delete the Personal Information in your Giggster account. If you would like to correct your information or cancel your Giggster account entirely, you can do so by logging in to your Giggster account or by sending an email to us. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Site in association with your first name, even after your Giggster account is canceled.

9. Securing You Personal Information

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the security of your transmissions to us and of your Personal Information that we store.

10. Your Privacy While Accessing Third-Party Websites and Resources

The Site will contain links to other websites not owned or controlled by Giggster. Giggster does not have any control over Third-Party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit.

Some portions of the Site implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use (located at www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located at www.google.com/privacy.html), and may be amended by Google from time to time.

11. Changes to this Privacy Policy

We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion. We may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you either by posting the changed Privacy Policy on the Site or by sending an email to you. We will also update the “Last Updated” date at the top of this Privacy Policy. If we let you know of changes through an email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email.

It’s important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the Site and Services to you, and your only option will be to stop accessing the Site and Services and deactivate your Giggster Account.

12. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Giggster and you hereby irrevocably assign to Giggster and agree to irrevocably assign to Giggster all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Giggster's request and expense, you will execute documents and take such further acts as Giggster may reasonably request to assist Giggster to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.