As used herein, “we”, “our” and “Guesser” are Guesser Inc., a Delaware corporation.  This privacy policy (the “Privacy Policy”) applies to our website located at www.guesser.com, purchases made through our website, interactions with our social media accounts, and any communications you have with our team members for purposes related to Guesser (collectively, our “Services”).  The Privacy Policy does not apply to any third-party applications, websites, or software that may be accessed through our website, or any other third-party products or services that may integrate with our Services.  By using any of the Services, you are agreeing to the terms of this Privacy Policy as in effect at the time of your use. 

For the purposes of this Privacy Policy:

“Personal Information” means data that could be used to identify or contact you or has a reasonable potential of being associated with you. 

“Non-Personal Information” means data that is not associated with or linked to your Personal Information.

Our Website

Guesser operates a website located at https://guesser.com (the “Website”).  Like most website operators, we automatically collect Non-Personal Information of the kind that web browsers and servers typically make available each time you use the Website.  This information includes the type of internet browser, operating system, and language preference used by the visitor, as well as the referring site, and the date and time of each visitor request.  Guesser’s purpose in collecting this type of information is to better understand how visitors use the Website so that it may improve the user experience.  From time to time, we may disclose to others or publish Non-Personal Information in the aggregate, such as by compiling statistics and publishing a report on trends in the usage of the Website. 

On the Website, we use cookies, which are small digital signature files stored by your web browser on your computer that record your preferences when you visit the Website.  This information is then provided to the Website each time you return.  These cookies help us to facilitate your current user session and understand your use of the Website.  Through our use of cookies, we may collect your Personal Information to the extent that it allows us to identify you and track your visits to the Website.  You may be able to block cookies with your browser settings, but doing this may interfere with your ability to access certain features of the Website.

We do not use Google Analytics or any other third-party service to track the activities of visitors to the Website.

Certain visitors to the Website may choose to interact with Guesser in ways that require us to gather Personal Information, for example, by signing up to receive email notifications, purchasing a package of live election results from us on our Website, or contacting us with an inquiry.  The amount and type of information that we gather on these occasions depends on the nature of the interaction.  In each case, Guesser collects Personal Information only to the extent that it is necessary or appropriate to fulfill the purpose of the visitor’s interaction.  Visitors to the Website can always refuse to provide Personal Information that is requested of them, although it may prevent them from engaging in certain activities on the Website. 

Other Websites

The Website may contain links that allow you to navigate to other websites.  Once you leave the Website and navigate to another website, you will be subject to the terms of service for that website, as well as its privacy policy.  You should carefully review the terms and policies of those websites prior to using them.  We are not responsible for the content, security, or privacy practices used by other websites, and a link on the Website does not constitute our endorsement of another website or service. 

Communications with Us

On the Website, you may choose to provide your email address to receive notifications and offers from us.  You may opt out of receiving communications from us and/or request the deletion of your Personal Information at any time by contacting us.  When you make inquiries, give feedback, or exchange correspondence with us, whether via telephone, email, internet, or in person, we may collect Personal Information, including your name, contact information, and the contents of your communications, to assist us in responding to you. 

Third-Party Payment Processing

When you make purchases through the Services, we may process your payments via a third-party payment processor (the “Payment Processor”).  In these instances, the Payment Processor will collect certain Personal Information from you to process a payment on our behalf, including your name and credit or debit card information, in which case the use and storage of such Personal Information is governed by the Payment Processor’s terms and policies.  We retain only limited information about your payment transactions. 

Social Media Accounts

Guesser maintains accounts on social media sites like Twitter and LinkedIn (“Social Media Accounts”).  If you interact with our Social Media Accounts, we may collect Personal Information that you provide in your social media account and the contents of that interaction, depending on the settings on your account with those services.  Also, the companies that host the Social Media Accounts may collect and provide us with aggregate Non-Personal Information and analytics regarding the activity on our Social Media Accounts.

Security

Guesser takes all measures reasonably necessary to protect against the unauthorized access, use, alteration, and destruction of Personal Information.  However, please be aware that no internet or email transmission is fully secure, and you should consider this when providing any Personal Information to us by these means.  By using the Services, you acknowledge and understand that you are assuming the risk that any privacy settings or security measures implemented by us or on the Website are circumvented, and that Guesser is not responsible for any resulting loss, damage, or disclosure that may occur if this happens.

Disclosure of Certain Personal Information

Guesser does not and will not sell your Personal Information to anyone. 

Guesser discloses Personal Information only to those of its employees, contractors, affiliated organizations and third parties that (i) need to know such Personal Information in order to process it on Guesser’s behalf or to provide services available on the Website and (ii) have agreed not to disclose such Personal Information to others.  By using the Services, you consent to the transfer of such Personal Information to these parties and for these purposes.  Some of the employees, contractors, and affiliated organizations to which we disclose Personal Information may be located outside of your home country, and your use of the Services constitutes an acknowledgment and understanding that your Personal Information will be transferred to the locations of those entities or individuals under those circumstances. 

In addition, Guesser may disclose Personal Information in response to a subpoena, court order, or other governmental request, or when Guesser believes in good faith that disclosure is reasonably necessary to protect the property or rights of Guesser, third parties, or the public at large. 

Personal Information of Children

Guesser does not knowingly collect Personal Information from children under the age of 13.  If you have reason to believe that a child under the age of 13 has provided Personal Information to us through the Website, please contact us so that we may delete that information from our databases. 

California Rights

Residents of California (and others to the extent required by applicable law) have a right to request certain information regarding our collection and use of Personal Information in the prior calendar year, including (1) the categories of Personal Information collected, (2) the categories of sources from which Personal Information was collected, (3) our business or commercial purpose for collecting such Personal Information, (4) the categories of third parties with whom we shared such Personal Information, (5) the specific pieces of Personal Information we collected, and (6) the sales or disclosures made by us to third parties of such Personal Information, if any.  To make such a request, please email us at the address set forth under “Contact Us” below.  We reserve our right not to respond to requests sent more than twice in a 12-month period or requests submitted in a form other than specified here.

Non-U.S. Users

We are located in the United States.  By using the Services, you consent to Guesser’s transfer of your data to and storage in the United States.  By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy.  Furthermore, you agree that any dispute over privacy or the terms contained in this Privacy Policy will, to the extent permitted by law, be governed by the laws of the State of Delaware, without regard to principles of conflicts of law and will be handled in accordance with provisions in our Terms of Service, located at https://guesser.com/termsofservice, which are hereby incorporated by reference. 

European Economic Area Residents

In addition to the provisions above, residents of the European Economic Area (“EEA”) also have rights under the EU General Data Protection Regulation (“GDPR”).  As used below, the terms “personal data” and “process” (and its derivatives) shall have the meanings given to them in the GDPR.

If you are an EEA resident, you may make individual rights requests relating to your personal data by contacting us as set forth under “Contact Us” below.  If we receive a GDPR rights request from you, we may take steps to verify your identity before complying with the request to protect the privacy of other users. At any time, you have the following rights, among others:

• to request information regarding the processing of your personal data;
• to request access to or a copy of any personal data held by us;
• to the correction of your personal data, if you consider it to be inaccurate;
• to ask us to delete your personal data, if (i) it is no longer necessary for the purposes for which it was collected or otherwise processed, (ii) it was collected in relation to processing to which you previously consented, but later withdrew such consent, or (iii) it was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing;
• to withdraw your consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
• to request that we stop or start sending you marketing communications at any time;
• to restrict processing of your personal data;
• to data portability (moving some of your personal data elsewhere) under certain circumstances;
• to object to your personal data being processed under certain circumstances;
• to not to be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data; and
• to lodge a complaint about our processing of your personal data to the relevant data protection authority.

The rights set forth above may be limited under certain circumstances, including when granting access to personal data would have a negative impact on another’s privacy or when necessary to protect our rights and property.

Contact Us

Please contact us at team@guesser.com to change, correct, or request deletion of any Personal Information that we have collected from you, to exercise any of the rights relating to your information set out above, or if you have any questions regarding data protection. In your email to us, please include your full legal name and your Guesser account username, if any.

Changes to the Privacy Policy

Guesser may change the Privacy Policy at any time and in our sole discretion.  We encourage visitors to the Website to review the Privacy Policy carefully from time to time for any possible changes. If we update the Privacy Policy, we will update the “last updated” date below.

Last updated October 21, 2020.