Privacy Policy


Effective Date: August 20, 2019


Gems Group, Inc. and its affiliates (collectively referred to as “Gems Group,” “we,” “our” and “us”) are concerned about privacy issues and want you to be familiar with how we collect, use and disclose information. This Privacy Policy (this “Policy”) describes the types of information we may collect from you or that you may provide when you visit,,, and (collectively, our “Websites” and each a “Website”) and discusses our practices for collecting, using, maintaining, protecting and disclosing that information.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.  This Policy applies to any personal information, and, in certain applicable instances, other information, collected on our Websites and collected through our business operations.  We use the information we collect from you to improve our Websites and to provide you with a more personalized experience on our Websites.  If you do not agree with our policies and practices, your choice is not to use our Websites.  By accessing or using our Websites, you agree to this Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Websites after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

Information We Collect About You

When we collect information from you, our primary goal is to provide you with an efficient and more personalized experience on our Websites.  We collect information about you, including Personally Identifiable Information (“PII”), from the information you voluntarily provide to us and through automatic data collection technology.  PII is any information that can be used on its own or with other information to personally identify you as an individual.  In some jurisdictions, PII may also include technical information such as Internet Protocol (“IP”) addresses.  PII that you may voluntarily provide to us includes, without limitation, the following:

  • Name;
  • E-mail address;
  • Birthday;
  • Phone number; and
  • Address.

Information that we collect through automatic data collection technology includes, without limitation, information about your internet connection, IP address, referrers, search terms, page views, operating system and browser type.

If you submit any PII relating to other people to us in connection with our Websites, you represent that you have the authority to do so and to permit us to use such PII in accordance with this Policy.

How We May Collect Your Information

We may collect information in several ways, including:

  • Directly from you:  If you contact us, then we may collect information, including PII, through records and copies of your correspondence with us.  We may also collect information, including PII, when you respond to our questions via e-mail, quiz, survey or feedback forms.  If we collect information directly from you, then you may have the option to refuse to provide us with such information.  However, if you decline to provide us information, then this may impact your ability to use our Websites.
  • Offline:  You may provide information, including PII, to us when you contact a Website representative.
  • Through cookies: A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies allow our Websites to serve the user with specific information tied to the user and help facilitate ongoing access to our Websites.  You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites.  This Policy covers the use of cookies by only us.  We may use the following types of cookies on our Websites:
    • Essential Cookies – These cookies allow you to browse our Websites and use certain features.  If you disable these essential cookies, then you may be unable to use certain features.
    • Advertising Cookies – These cookies gather information about your use of our Websites so that we can improve your experience and provide you with more relevant content and advertising.  These cookies are also used to gather feedback on certain marketing materials.
    • Preference Cookies – These cookies allow us to recognize your device so that you do not have to provide us with the same information more than once.  If you disable these preference cookies, then our Websites may not be able to remember certain choices that you previously made or personalize your browsing experience.
    • Performance Cookies – These cookies collect information about how you use our Websites, such as which pages you most frequently visit.  We use performance cookies to provide you with a high-quality experience by doing things such as tracking page load, site response times and error messages.
  • Through server log files: Like most standard websites, our Websites use log files to collect information about your computer and internet connection, which may include information about your IP address, browser type, internet service provider, referring/exit pages, platform type, date/time stamp, and number of clicks. This information may be used to analyze trends, administer the site, track your movement in the aggregate, and gather broad demographic information for aggregate use.
  • Through web beacons:  Web beacons are small electronic files that permit us, for example, to count the number of users who have visited certain pages of our Websites, open a particular e-mail or other related website statistics.
  • Through internet tags:  Internet tags are smaller than cookies and tell our Websites server information such as the IP address and browser type related to your computer.
  • Through third parties:  Information that we receive from our business partners and third party servicers.

We will rely on consent, which in some cases may be implied, to use technical information that is collected through our use of cookies, web beacons, server log files or internet tags.  You may withdraw consent at any time by contacting us as described in this Policy.

We may also use cookies, web beacons and server log files to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Note that your browser settings may allow you to send a “Do Not Track” signal to websites you visit.  If you elect to send a “Do Not Track” signal when you visit one of our Websites, we will not track your visit to such Website.  To find out more about “Do Not Track” signals, visit

The information we collect automatically is statistical data and may, depending on applicable law, include PII, and we may maintain it or associate it with PII we collect in other ways.  It helps us to improve our Websites by enabling us to speed up your searches, recognize you when you return to our Websites and store information about your preferences.

You may also provide information to be posted on public areas of our Websites, or transmitted to other users of our Websites or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of our Websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

How We May Use Your Information

To the extent permitted by applicable law, we may use information, including PII, that we collect:

  • To contact you through email correspondence.
  • To supply information to you upon your request.
  • To present our Websites and their contents to you in a fashion customized to match your preferences.
  • To personalize your experience on our Websites.
  • To allow you to participate in surveys, quizzes and other interactive features on our Websites.
  • To send administrative information to you, for example, information regarding our Websites and changes to our terms, conditions, features and policies.
  • To provide you with certain promotional offers.
  • To permit you to participate on message boards, chat rooms, personal web pages or profiles, forums and blogs to which you are permitted to post information and materials.
  • To carry out obligations and enforce our rights arising from any contract entered into between you and us.
  • To pursue our legitimate interests.
  • To comply with legal process.
  • To respond to request from public and government authorities.
  • To enforce our Terms and Conditions click here.
  • To protect our operations or those of any of our affiliates.
  • To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
  • To allow us to pursue available remedies or limit the damages that we sustain.

Disclosure of Your Information

To the extent permitted by applicable law, your PII may be disclosed:

  • To identify you to anyone to whom you communicate on our Websites.
  • To our affiliates for the purposes described in this Policy.
  • To contractors, service providers, and other third parties who we use to support our business such as website support, data analysis, IT services and other services.
  • By you, on message boards, chat rooms, personal web pages or profiles, forums, blogs or other services to which you are able to post information and materials.
  • If you participate in social sharing (such as if you connect to your social media account), to your friends associated with your social media account, to other users of the social media website, and to your social media account provider, in connection with your social sharing activity.
  • To any third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of any or all portion of our business, assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms and Conditions click here and other agreements that we may have with you.
  • To third parties for their direct marketing purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property or safety of us or others.
  • With your consent.
  • For any other purpose disclosed by us when you provide the information.

We will not disclose or sell any PII to any unaffiliated third party for direct marketing purposes without your consent.

Third party Collection, Use, and Disclosure of your Information

Our Websites may contain links to various third party websites, such as social media and charity websites. These third party websites may collect PII and other related information. This Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including any third party operating any site to which our Websites contain a link. The inclusion of a link on our Websites does not imply endorsement of the linked site by us or any of our affiliates.

Additionally, some content or applications on our Websites are served by third parties. These third parties may use cookies or other tracking technologies to collect information about you when you use our Websites. The information they collect may be associated with your PII or they may collect information, including PII, about your online activities over time and across different websites and other online services.

We do not control these third parties’ tracking technologies or how they may be used.  If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see the Choices and Access section of this Policy.

Choices and Access

We strive to provide you with choices regarding our use and disclosure of PII. We have created mechanisms to provide you with the following control over your PII:

  • You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. However, if you select this setting you may be unable to access certain areas of our Websites.
  • If at any time you wish to stop receiving communication from us, please just let us know by contacting us in the manner listed below (see Contact Information).
  • In addition, we will not disclose your PII to third parties, including our subsidiaries, for the third party’s direct marketing purposes if we have received and processed a request from you that your PII not be shared with third parties for that purpose. If you would like to submit such a request, please contact us using the contact information listed below (see Contact Information).

To review, correct, update, delete or otherwise limit our use of your PII or other information (such as behavioral tracking), please contact us using the contact information listed below (see Contact Information).  If you delete User Contributions, copies of your User Contributions may remain viewable in archived pages, or may have been copied or stored by other Website users.


When users submit sensitive information via our Websites, their information is protected both online and offline. Prevention of unauthorized access or disclosure of data is of the utmost importance. Physical, administrative and technical procedures are employed to safeguard all collected information.

All data transactions occurring over a public network (i.e. the Internet) are encrypted using SSL technology.  Specific certifier details can be inspected in your browser during a secure session (see browser-specific help for details).  Each Website also uses two-step verification to confirm a particular user’s identity.

Access to PII and data by our employees is limited to those persons or agents of Gems Group that have a specific business purpose for maintaining and processing such PII.  These individuals are made aware of their responsibilities to protect the security of that PII and also uphold the principles of confidentiality and integrity.  When these individuals enter our Websites and access PII, they are required to go through a security process in which such individual must provide two different authentication factors to verify their identity.  This process protects such individual’s credentials and the information such individual may access.

The safety and security of information also depends on you.  Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential.  Please do not share your password with anyone.  Sharing of account passwords is considered an acceptable use violation and may result in loss of access to our Websites.  Additionally, we urge you to be prudent about posting information in public areas of our Website where the information may be viewed by any user of the Website.

Unfortunately, new vulnerabilities arise in the realm of technology every day. Although we strive to protect your information, circumstances beyond our control may compromise that goal. As with any website, please be conscious of the data you share.  If you are not comfortable providing any information, it is your right to withhold it.  IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE ARE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE, EXCEPT AS PROVIDED UNDER APPLICABLE LAWS.




As a condition to accessing or using our Websites, you agree to indemnify and hold harmless Gems Group, its affiliates and its and their respective directors, managers, officers, employees and agents against any and all liabilities, expenses (including, without limitation, attorney’s fees and court costs) and damages arising out of or otherwise in connection with third party claims resulting from or otherwise in connection with your access to or use of our Websites, including, without limitation, any claims alleging facts that, if true, would constitute a breach of the terms and conditions stated in this Policy.


Retention Period


We may retain your PII for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation.


Changes to Our Privacy Policy

If we decide to change this Policy, we will post any changes we make on this page with a notice that this Policy has been updated on the home page of each Website.  Any changes to this Policy will become effective when we post the revised Policy on our Websites. The effective date for this Policy is identified at the top of this page. You are responsible for periodically visiting our Websites and this Policy to check for any changes. Your use of our Websites following these changes means that you accept the revised Policy.

Children Under the Age of 13

Our Websites are not intended for children under 13 years of age and we do not knowingly collect PII from children under 13 years of age.  In the event that we learn that we have collected PII from a child under 13 years of age, we will delete such PII as soon as possible.  Visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of PII that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year.  In particular, the law provides that companies must inform consumers about the categories of PII that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.  To request a copy of the information disclosure provided by Gems Group pursuant to Section 1798.83 of the California Civil Code, please contact us using the contact information listed below (see Contact Information).

Contact Information[1]

If you have any questions, comments or concerns about this Policy or other privacy-related matters, then you may contact us in the following ways:

Mailing Address:        Gems Group, Inc.

Attn:  Carlos Oramas

[P.O. Box 526523

Miami, FL 33152]

Email Address:           [email protected]

Phone Number:           +1 305 468 3636



This section of this Policy applies to users of our Websites from a Member State of the European Union, United Kingdom or Switzerland, and supplements the other information in this Policy.

To the extent that Gems Group is subject to the laws of the European Union when processing personal data (“Personal Data”), it shall be the data controller under such laws.

Lawfulness of Processing

Our legal basis for processing your Personal Data is that such processing is necessary for the purposes of the legitimate interests pursued by us except where such interests are overridden by your interests or fundamental rights and freedoms.  In some instances, your consent may be required for the processing of your Personal Data for one of the purposes set out in this Policy.

Cross-Border Transfer

When Personal Data is transferred out of the country where the owner of that Personal Data lives, such as from citizens of the European Union, United Kingdom and Switzerland to the United States of America, different standards may apply to how your Personal Data is used and protected in those countries.  We have appropriate safeguards in place in accordance with applicable legal requirements to adequately protect your Personal Data irrespective of the country.  If you prefer not to have your Personal Data transferred, then do not access or use our Websites.

Your Rights

If you are in the European Union, United Kingdom or Switzerland, then you also have the right to request access to, rectify, or erase your Personal Data.  You also have a right to the objection to or restriction of processing, as well as the right to data portability, when applicable.  If Gems Group has processed your Personal Data based on your consent, then you have a right to withdraw it at any time.  When we receive a request from you to exercise one of these rights, we will respond to your request as quickly as possible, but no later than thirty (30) days after we receive your request.



We are concerned about privacy issues and committed to protecting your privacy and information.  We use the information we collect to provide you with an efficient and personalized experience on our Websites.

If you have any questions, comments or concerns about this Policy or other privacy-related matters, then please contact us using the contact information listed above (see Contact Information).

[1] Note to Client:  Please add contact information.