Last Updated: September 30, 2020
1. Information You Provide to Us
1.1. Information Provided by Customers
• Registration and Profile Information. When you sign up for Gesture as a Customer, you provide your name, email address, physical address of the recipient, and your phone number. If you sign up using your Facebook account, we receive your name and email address. After registration, Customers may in the near future add multiple delivery addresses to their profile.
• Payment Information. When you add a payment card to your Gesture account, a third-party payments service provider receives your card information. To help keep your financial data secure, we never store full payment card information on our servers.
1.2. Information Provided by Prospective and Active Couriers
• Sign Up Information. When you sign up to become a Courier, you provide your name, Social Security Number, date of birth, email address, physical address, phone number, photo, driver’s license information, vehicle information, and car insurance information. We may share this information with third-party providers who initiate background check reports on you. Additional information about the third parties who run the background checks is provided in Section 3.2 below.
• Payment Information. We receive Couriers’ bank account and tax information to provide payment and for tax reporting purposes.
1.3. Information Provided by Merchants and Partners
• Profile Information. A Merchant who signs up for our Platform provides us with the business’s physical address, hours, and product information. We also collect product information from Partners.
• Payment Information. We may receive Merchants’ bank account information to provide payment.
1.4. Information Provided by All Users
• Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support team, we will receive your name, email address, and the contents of any message or attachments that you may send to us, as well as any other information you choose to provide.
2. Information We Collect
2.1. Information We Collect From Your Device With Your Permission
• Location Information When Using the App. In order to facilitate on-demand deliveries, we need to know where Customers and Couriers are located. We receive a Customer’s location information when you open the Gesture app as well as when you place an order, to help determine the appropriate delivery address. We continuously collect location information from Couriers who are “on duty,” in order to assist Couriers in finding available deliveries, allow Customers to track deliveries, and other similar purposes. We also use location information for analytics purposes.
2.2. Information We Collect When You Use Our Platform
• Device Information. We receive information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, unique device identifiers, and, if you register with your Facebook account, your Facebook identifier.
• Usage Information. We automatically receive information about your interactions with our Platform, such as the pages or other content you view, the products you search for or purchase, and the dates and times of your visits, to help us understand how you use our Platform, help us improve our Platform, and provide you information about our Platform, our Merchants, and our Partners.
• Call and Text Information. We work with one or more third parties to facilitate phone calls and text messages between Customers and Couriers who are delivering the Customers’ products. We utilize services that hide (mask) all of our users and recipients phone numbers between the courier and the customer or recipient. We receive information about these communications including the date and time of the call or text message, the parties’ phone numbers, and the content of the text messages. We do not record or have access to the content of the phone calls.
• User Feedback. Customers and Couriers can rate and review each other at the end of every delivery. Customers are able to see a Courier’s aggregate ratings during a delivery. After a delivery, we may share feedback or comments that Customers provide with Couriers, but we will not identify the Customer. We may also share with Couriers their aggregate ratings.
3. Information We Receive from Third Parties
3.1. Information We Receive About Customers
• Partners. If you make a purchase through one of our Partners that offers delivery via Gesture, we receive information about your purchase, including your name, phone number, the product you purchased, and the delivery location.
3.2. Additional Information We Receive About Prospective and Active Couriers
• Background Information on Couriers. Gesture works with third-party providers to perform driving record and criminal background checks on Prospective and active Couriers, and in some instances these third parties provide Prospective and active Couriers’ records to Gesture as part of the background check process.
4. How We Use Information We Collect From Users
4.1. Uses of Information Collected from All Users
We may use the information we collect from all Users to:
• Provide, improve, expand, and promote our Platform;
• Analyze how you use our Platform;
• Communicate with you, either directly or through one of our service providers, including for marketing and promotional purposes;
• Facilitate transactions, deliveries, and payments;
• Respond to customer support questions;
• Find and prevent fraud; and
• Respond to any issues that may arise during deliveries.
4.2. Additional Uses of Prospective and Active Courier Information
Additionally, we use information from Prospective and active Couriers for the following purposes related to the Platform:
• Determining whether to grant a Prospective Courier access to our Platform, and
• Sending emails and text messages to Prospective and active Couriers regarding their Gesture sign up, available deliveries, incentives and other opportunities, and additional information about our Platform.
4.3. Additional Uses of Merchant Information
Additionally, we use the information we collect from Merchants to notify them about orders, deliveries, and returns, and for other administrative and marketing purposes, including via text message, push notifications, phone calls, and emails.
5. How Gesture Shares Information It Collects From Users
5.1. Sharing between Customers and Couriers
Once a Courier accepts a delivery request from a Customer, the Customer can see the Courier’s first name and last initial and the Courier can see whatever name the Customer provided when signing up. A Customer is also able to see a Courier’s photo. During a delivery, the Customer in some instances is able to see the Courier’s real-time location, and the Courier is able to see the Customer’s delivery address. During a delivery, Customers and Couriers are able to call and text each other. Customer and Courier phone numbers are masked and, only in rare instances, may they be able to see the other’s phone number. As described above, Customers are able to see a Courier’s aggregate ratings during a delivery. After a delivery, we may share feedback or comments that a Customer provides with a Courier, but we will not identify the Customer. We may also share with Couriers their aggregate ratings.
5.2. Service Providers
We share your information with service providers that perform services on our behalf, including all of the uses described in Section 4 above.
5.3. Advertising Partners
We work with third-party advertising service providers to show ads for our Platform that we think may interest you after you visit our Platform. These third-party service providers collect non-personally identifying information from you when you visit our Platform and other online platforms. Some of our advertising service providers are members of the Network Advertising Initiative or the Digital Advertising Alliance. If you do not wish to receive our personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving personalized ads from member companies.
5.4. Other Sharing
We may share your information with third parties in the following cases:
• Where disclosure is required or appropriate in order to comply with laws, regulations, legal process, or a governmental request;
• With law enforcement officials, government authorities, or third parties, if we think doing so is necessary protect the rights, property, or safety of Gesture, our Users, or the public;
• To protect the security or integrity of our Platform;
• To enforce our agreements, policies, and Terms of Service;
• To respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person;
• To investigate and defend ourselves or others against any third-party claims or allegations;
• To provide information about the use of our Platform to Couriers, Merchants, Partners, or potential business partners in aggregated or de-identified form that cannot reasonably be used to identify you;
• While negotiating or in relation to a business transaction, such as a merger, sale of assets, or bankruptcy; and
• Whenever you consent to the sharing.
6. Your Choices
Profile Information. You can update your profile information through your profile settings. If you need to change the email address associated with your account, please contact us via our Help Center.
Location Information. While you can prevent your device from sharing location information at any time through your device’s operating system settings, Customer and Courier location is core to our Platform and without it, you may not be able to successfully use our Platform.
Email Subscriptions. You can always unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out from receiving promotional messages from us, you will continue to receive administrative messages from us.
7. Third-Party Links
Our Platform may contain links to other websites, products, or services that we do not have control over. Please be aware that we are not responsible for the privacy practices of such third parties. We encourage you to read their privacy policies before giving them your information.
8. Data Security
We are committed to protecting your information. Even though we take precautions to protect Users’ data, no security measures can be 100% secure, and we cannot guarantee the security of Users’ data.
9. Children’s Privacy
Gesture is not directed to children, and we do not knowingly collect personal information from children under 13. If you believe that a child under the age of 13 has given us personal information, please contact us via our Help Center.
11. Contact Information