Privacy Policy

August 20th 2020

Introduction and Definitions

To make this document easier to read, we’re going to use some shorthand throughout. For instance, when we say “Your.Church” we are talking about an alias or doing business as By Genesis LLC. Or when we say “Gather Live Portal” we are talking about the web-based online application, or “Flamingo” we are talking about Your.Church website builder. Your.Church is operated by By Genesis LLC., which we’ll refer to as “Your.Church,” “us,” or “we” throughout this policy. Your.Church web services are intended for use by organizations and use of the Your.Church web services requires registration by an account administrator. We call those organizations as well as their administrators and registered users “Partners.” Unregistered internet users who are merely browsing Gather Live Portal sites are called “Guests”. When we refer to both in this policy, we’ll use the term “you.” In using the web services, Partners are able to create websites that have their own respective users through which Partners may collect information from third parties that use the Members’ websites. We call these Partners websites and portals “Your Websites” or “Your Gather Live Portal” and the third parties that use those websites “Your Members”.

Accepting the Terms of Use

Please read this Privacy Policy carefully because it discusses how we will collect, use, and process your personal information, and by using Your.Church web services you agree to this Privacy Policy and its terms and consent to having your data transferred to and processed in the United States. Your use of Your.Church web services is also governed by our Terms of Use. Please read those terms carefully as well. We welcome any questions you may have about this Privacy Policy and our privacy practices. If you have any questions or comments, you may contact us by email [email protected]church.




How We Use Your Information

We do not share your personal data or your users personal data with any third-party advertisers or ad networks for their advertising purposes. We also do not share your personal data or your users’ personal data with any third-party for market or statistics research. We use data that we collect about you or that you provide to us, including any personal information, as follows:

  1. To provide you with our web services, and any other information, products, or services that you request from us;
  2. As described in this Privacy Policy;
  3. To fulfill any other purpose for which you provide it;
  4. To carry out our obligations and enforce our rights under this Privacy Policy and our Terms of Use;
  5. In any other way we may describe when you provide the information;

 

Facilitating Your Experience with Your.Church 

We use your personal data to authorize your access to Your.Church web services. We also use your personal data to provide certain functionality of the web services depending on the functionality you use and choose and the personal data you agree to provide. We use the data that we have about you to provide, improve, and personalize our web services, including with the help of automated technologies discussed in this policy and the inferences that we make from information we collect.

Service-Related Messages

We may use your information to contact you about account, security, legal and other service-related issues. We will do this through in-app notifications, email, or other channels. Please be aware that you cannot opt-out of receiving service messages (an example is a password reset email) from us, including security and legal notices.

Analytics and Performance

Our desire and our goal is to enrich and equip your church to achieve your missions and vision throughout the world. We use the personal data available to us to observe social, economic, and geographic trends around the world as they pertain to online ministry. We may use your data internally within our company to generate statistics about overall usage of Your.Church web services worldwide and in specific countries and geographic regions.

Security and Technical Issues

We use the data (which can include your communications) to investigate, respond to, and resolve complaints, legal, security and technical issues concerning Your.Church web services. We use your data and communications if we think it is necessary for security purposes or to investigate possible fraud or violations of law or our Terms of Use or this Privacy Policy and/or attempts to harm others.

Information We Collect and How We Collect It

Information You Provide to Us

Visitors do not need to submit personal information to us to view the websites or portals that describe our web services. You do not have to become a Your.Church Partner to view Your Website or another website created by another Partner using our web services.

You do need to become a Partner and create a Gather Live Portal account to create and administer Your Websites or Your Gather Live Portal. To become a Partner, you are required to create an account and provide certain information such as your administrator's name and email address, your organization name and website URL, and the state or country in which you are located. This information is collected, stored and used by Your.Church to facilitate your use of our web services, maintain the security of Your Websites, prevent unauthorized administration of Your Websites, and for our other legitimate business purposes.

Information You Collect from Your Members

You also have choices about what information you collect from and use, share and otherwise process about Your Members. We facilitate this collection, use and sharing based on the choices you make to facilitate your use of Your.Church web services. Your Websites or Your Gather Live Portal may operate without Your Members' personal information; however, use of Your Members' information allows you to personalize Your Website or Your Gather Live Portal and give better experience to Your Members.

You decide what information you seek and collect about Your Members through the Gather Live Portal and Your Websites. Accordingly, as between you and Your.Church, it is your sole responsibility to ensure that you have a legal basis for the collection, use, dissemination and other processing of Your Members’ information.

Sensitive Data

We do not require that you or Your Members provide sensitive data such as race, ethnicity, philosophical beliefs, or physical or mental health to create an account or to use Your Websites. It is your choice whether to provide such sensitive information should it be an option to do so, and your choice to seek such information about Your Members. If you choose to provide any sensitive information, it may be used by Your.Church to create a more personalized or efficient web services experience like other non-sensitive information you provide. In any event, Your.Church will only process sensitive data provided to us for Your.Church’s legitimate activities on your behalf and will not disclose this information. We will maintain your information subject to appropriate safeguards discussed in this policy and otherwise provided by Your.Church. 

Use For Other Services

We may combine the information you submit under your account with information you provide us through other Your.Church web services and products as well as inferences we make from this information to provide you with a better experience and to improve the quality of all services and products provided to you by Your.Church.

Posts and Contributions

When the Gather Live Portal allows you to provide information to be published, distributed, or displayed on Your Website or Your Gather Live Portal or for you to allow Your Members to publish, distribute or display information on Your Websites or Your Portal, we refer to that as “posted;” which can be on public areas of the Gather Live Portal, Your Websites or transmitted to other users of the Gather Live Portal or third parties, all of which we’ll call “Member Contributions.” For example, these include activities such as posting church-specific information, contributing messages to chat, events, message notes and posting video/audio/graphical assets.

Please keep in mind that if you or Your Members disclose personal information in a public manner whether through chat postings, social media, message boards, or other public online forums, this information may be collected and used by others. Members Contributions are posted and transmitted at the contributor’s sole risk. We cannot control the actions of other users or third parties with whom you or Your Members choose to share Member Contributions. Therefore, we cannot and do not guarantee that Member Contributions will not be viewed by unauthorized persons, nor do we accept any liability associated with Member Contributions.

Online Chat of Your Users

The Gather Live Portal will allow both You and Your Members to communicate and connect with other people via online chat function on Your Websites or Your Gather Live Portal. It is your choice whether to offer such communication ability to Your Members, Your Members’ choice whether to communicate with others, or to allow communication between others with such functionality. 

If you choose to enable communication via this chat functionality, as between you and Your.Church, you are solely responsible for all such communications and the privacy of the information shared among Your Members. Your.Church has no control over any communications of Your Members using such functionality and you agree and acknowledge that Your.Church has no liability or responsibility for any such communications or your choice to offer functionality facilitating the same.

Automatic Data Collection Technologies

Service Use. We log usage data when you use our web services or Your Members use Your Websites or Your Gather Live Portal, including when you view or click on content, browser type, browser language, perform a search or request, the date and time of your request, install an update, seek new functionality, or use one or more tools offered through the Gather Live Portal. We use log-ins, device information internet protocol (“IP”) addresses, and cookies and similar technologies to identify and log use.

Cookies and Other Similar Technologies. We use cookies and similar technologies (for example, web beacons, pixels, tags and device identifiers) to recognize you and/or your device(s) as well as Your Members and/or their devices on, off, and across the different applications of the Gather Live Portal. Cookies and similar technologies help to facilitate the best possible user experience of the Gather Live Portal as they allow us to recognize and maintain user preferences from session to session, help us keep accounts safe, and generally improve the functionality of the products and services offered through Your.Church web services. They also help us ensure that Member information is used in association with the correct Member account. Cookies also enable us to maintain preferences of Your Members on Your Website or Your Gather Live Portal from session to session and to ensure that Your Members’ information is used in association with their account, if any, on Your Websites or Your Gather Live Portal. Importantly, we do not use cookies or similar technologies to facilitate interest-based ads from third parties.

Although most internet browsers accept cookies and the like by default, you can control these types of technology through your browser settings and similar tools and agree to refuse all cookies altogether. If you refuse to accept cookies and similar technologies by activating the appropriate setting on your browser or smartphone, you may be unable to access certain parts of Your.Church web services, prohibiting us from delivering the full capability of the Gather Live Portal and preventing the use of certain features and services that require these technologies.

By agreeing to our Privacy Policy, you agree to the use of cookies and similar technologies as described in this policy. If you use the Gather Live Portal without changing your browser or device settings to disable cookies, we'll assume that you consent to receive all cookies provided through the Gather Live Portal.

Device ID and Location. When you access or leave Your.Church Gather Live Portal or web services, we receive the URL of both the site you came from and the one you go to next. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. We also receive data from your devices and networks, including location data. If you use Your.Church web services from a mobile device, that device will send us data about your device and GPS location based on your phone settings and access you have granted to Gather Live Portal and web services.

We use this information to provide an efficient user experience for you and to communicate with you more effectively. The information is also collected to determine the aggregate number of unique devices using the Gather Live Portal and/or parts of the Gather Live Portal, track total usage, and analyze usage data to improve web services functionality for all Members and Guests. 

We do not share any of your personally identifiable information along with your device identification or location with any third parties. However, we may automatically collect certain details of your use of our web services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through Your.Church web services. We may collect information about your computer and mobile device and internet connection, including the mobile device’s unique device identifier, IP address, operating system, browser type, and mobile network information. If you do not want us to collect this information you should cease use of Your.Church web services.

Your Communications Directly To Us. We collect information about you when you send, receive, or engage with messages with us, including when you submit personal information or requests by emailing [email protected]. We retain those communications to process your inquiries, respond to your requests, and improve our services.

Personal Information. We may tie information we do collect automatically as described above to personal information you provide to us to tailor web services to you and make suggestions about other services and functionality as described above.



Third-party Information Collection

Please keep in mind that the Gather Live Portal may contain links to other websites or apps that are owned and operated by third parties as well as Your.Church. You are responsible for reviewing the privacy statements and policies of those other websites you choose to link to or from the Gather Live Portal, so that you can understand how those websites collect, use and store your information.

Your.Church cannot regulate other sites, content, or applications linked or provided from within the Gather Live Portal and our various web sites and services. Some content or applications, including partner offers, on or in Gather Live Portal properties may be served by third-parties, including content providers, application providers, analytics companies, your mobile device manufacturer, and your mobile service provider. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. The information they collect may be associated with your personal information or they may collect information, about your online activities over time and across different websites, apps, and other online services. They may use this information to provide you with interest-based (behavioral) targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about targeted content, you should contact the responsible provider directly.

Disclosure of Your Information

Disclosure on Your Behalf

We may disclose personal information that we collect or you provide as described in this Privacy Policy to fulfill our obligations under our Terms of Use; the purpose for which you provide it, for any other purpose you request when you provide the information, or for any other purpose for which we have your consent.

Disclosure by You

When information is shared through the Gather Live Portal, that information is viewable by you and by anyone else you chose to share it with. If you give access to your Gather Live Portal account to other applications and services, based on your approval, those services would then have access to your shared information. The use, collection and protection of data you collect and receive through the Gather Live Portal from Your Members or otherwise is your sole responsibility.

Internal Disclosure

We will share personal data received through the Gather Live Portal internally within Your.Church to help combine the personal information covered across the different aspects of the Gather Live Portal and our other products and services to help provide services to you in a manner that is personalized and useful to you and others. 

Disclosure to Our Service Providers

We may disclose personal information that we collect or you provide as described in this Privacy Policy to contractors, service providers and other third parties we use solely to support the Gather Live Portal (such as email service provider, text SMS provider, maintenance, analysis, audit, payments, fraud detection, communication, and development). For example, some of the services used to send emails and notifications are built and managed by third parties, so some of your information is sent securely to those services to provide such functionality. They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

Legal Process

It is possible that we will need to disclose information collected through the Gather Live Portal and Your.Church web services when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of the Gather Live Portal and/or Your.Church web services; or (5) exercise or protect the rights and safety of Your.Church, our Partners and/or Guests, Your Members, personnel, or others. We attempt to notify Partners about legal demands for their personal data and the personal data of users of Partners Websites 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.

Your Rights to Deleting, Accessing and Correcting Your Information

For personal data that we have about you or Your Members, you and Your Members have the following rights:

To make these or any other requests with respect to your personal information, you or Your Members may send us an e-mail to [email protected]

We ask that individuals making requests identify themselves and identify the information requested to be accessed, corrected or removed before we process any requests. If Your Members make such a request, we may also notify you to verify the identity of the user and the accuracy of their request. We may decline to process requests if we cannot verify the requestor's identity, if we believe the request will jeopardize the privacy of others, if we believe the change would violate any law or legal requirement or cause the information to be incorrect, or for a similar legitimate purpose. In any case, where we provide information access, deletion or correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

If you choose to close your account or ask that we modify or delete some or all of your personal information, we will retain your personal data if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms of Use or fulfill any others requests from you (for example, to opt-out of further messages or for a copy of your data).

Your.Church reserves the right to maintain your information, including inferences made with your information after deletion of an account. We have no control of information you have shared with others through the Gather Live Portal or what information you allow Your Members to share through the Gather Live Portal after you close your account or have asked to delete information or attempted to delete your account yourself. Your information and content you have shared may continue to be displayed in the services of others (for example, search engine results) until they refresh their cache.

Notice to California Residents – California Privacy Rights

If you are a California resident and have provided us with personal information, California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of personally identifiable information that we collect through the Gather Live Portal and Your.Church web services and the categories of third party or entities with whom such personally identifiable information may be shared to provide such functionality at your request. For example, some of the services used to send emails and notifications are built and managed by third parties, so some of your information is sent securely to those services to provide such functionality. They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

California law requires us to inform you, at your request, (1) the categories of personally identifiable information we collect and what third parties we share that information with; (2) the names and addresses of those third parties. The Act further requires us to allow you to control who we can and cannot share that information with. To obtain this information, please send a request to [email protected] and include the phrase “California Privacy Request” in the subject line. When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share with third parties. Please allow thirty (30) days for a response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.

Security and Protection

We implement enterprise-standard security safeguards designed to protect your data. These include using encryption for your data while it is being transmitted between your device or browser and our servers.

However, given the nature of communications and information technology, and that the use of the internet has inherent risks, although we regularly monitor for possible vulnerabilities and attack, we cannot warrant or guarantee that information provided to us through the Gather Live Portal and Your.Church web services or stored in our systems or otherwise will be absolutely free from unauthorized intrusion by others, nor can we warrant or guarantee that such data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Processing of Data

We will only collect and process personal data about you and Your Members where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (such as providing the Gather Live Portal functionality you request and acting in accordance with this Privacy Policy and our Terms of Use) and other legitimate interests. Such legitimate interest include protection to you, us and other Members and third parties, to comply with applicable law, to enable and administer our business, to manage corporate transactions, to generally understand and improve our business and user relationships, and to enable us and other users of the Gather Live Portal to connect with you to exchange information, provided that the foregoing adequately protects your rights and freedoms.

Where we rely on your consent to process your personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact us at [email protected]

You decide what information you seek and collect about Your Members through the Gather Live Portal and Your Websites. Accordingly, as between you and Your.Church, it is your sole responsibility to ensure that you have a lawful basis for the collection, use, dissemination and other processing of Your Members’ information. Where you rely on Your Members’ consent, as between you and Your.Church, it is your sole responsibility to ensure Your Members know they have the right to withdraw or decline consent at any time and where you rely on legitimate interests, that they have the right to object.

Users From Outside the United States

The Gather Live Portal and Your.Church web services are offered in and from Ohio within the United States and your use of the Gather Live Portal and this Privacy Policy is governed by the laws of the United States and the State of Ohio. If you are using the Gather Live Portal from outside the United States, please be aware that your information and the information of Your Members may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. We process data both inside and outside of the United States and have contractual commitments between us and companies transferring personal data for us that require the protection and security of such data. Nevertheless, the data protection and other laws of the State of Ohio, the United States, and other countries might not be as comprehensive as those in your country. By using the Gather Live Portal and Your.Church web services, you consent to your information being transferred to our facilities and to the facilities of those third-parties with whom we share it with as described in this Privacy Policy, and you further agree that you are solely responsible for complying with the laws of your country, including those that that concern data privacy.

Changes to Our Privacy Policy

We may update our Privacy Policy from time to time to reflect changes in our practices. We will post any changes to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will provide a notice that the Privacy Policy has been updated. The date the Privacy Policy was last modified is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Privacy Policy to check for any changes.

Children Under the Age of 16

We assume that all administrators for Member accounts are over the age of 18. We do not collect personal information from any person we actually know is under the age of 16 without the consent of the parent or legal guardian of that minor. We assume that you do not collect information from any person you actually know is under the age of 16 without the consent of the parent or legal guardian of that minor. A parent or guardian may consent to the use of the Gather Live Portal by a minor, which parent or guardian is solely responsible for providing supervision of the minor’s use of the Gather Live Portal and Your.Church web services and assumes full responsibility for the interpretation and use of any information or suggestions provided through the Gather Live Portal. If you believe we might have any information from or about a child under 16, please contact us at [email protected] If we learn and have confirmation we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information.

Contact Information

To ask questions or inquiry about this Privacy Policy and our security practices, you may contact us at: [email protected] or https://your.church.