Privacy Policy

1. Information We Collect

We collect personal information under two distinct scenarios:

• User Account Information (App Sign Up): When individuals register to use our app, they directly provide us with personal data required to create and maintain their account, including their name, phone number, email address, age, profile photo, and personal account preferences.
• Recipient Information: Recipients who receive a gesture via our receiver interface do not create an account and are not required to provide personal registration data. If a recipient explicitly opts in to receive SMS notifications, we collect only their phone number. Recipient phone numbers are strictly confidential and are used solely to deliver the intended communication. Recipients may reply STOP to any SMS at any time to immediately opt out of further messaging.
• Message Content and Data Retention: To enable two people to communicate, we process the digital messages sent alongside gestures. All message content and associated transmission logs are automatically deleted after a limited retention period, consistent with applicable legal and compliance requirements.
• Automatically Collected Technical Information: When individuals visit www.thegesture.com or use our web interfaces, our servers automatically collect standard technical data necessary to load and secure the site, including IP addresses, browser types, device types, operating systems, and basic site interaction logs.

2. How We Use Information

We use information strictly according to the interaction type with our platform:

3. Absolute Protection of Data and Third Party Sharing

We do not sell, rent, trade, or monetize personal data or phone numbers under any circumstances. We share data only with necessary operational infrastructure providers to run our service:

• Infrastructure and Service Providers: We work with trusted third party cloud hosting providers and telecommunications gateways to host our platform and transmit transactional SMS messages. We do not disclose the internal architecture of our system beyond necessary operational compliance.
• Merchant Voucher Fulfillment: To issue and validate digital gift vouchers, necessary transaction codes and redemption tokens are processed through authorized merchant APIs.
• Legal Compliance: We may disclose information if required to do so under federal, state, or New York state laws, or in response to a valid subpoena or court order.

4. Data Security and Retention

We enforce strict administrative, technical, and physical safeguards to protect personal data. Personal information and recipient phone numbers are retained only for the minimum period necessary to complete the transaction, comply with law, and enforce our automatic message deletion protocols.

5. Individual Rights Under US and New York Privacy Laws

Depending on state of residence (including under applicable US federal and state privacy regulations), individuals have the right to:

• Request access to, correction of, or deletion of their personal data.
• Know what personal data is collected and processed.
• Opt out of any future processing by contacting us or replying STOP to any SMS.

To exercise these privacy rights, please contact us at support@thegesture.com.

6. Children's Privacy

Our services are not intended for individuals under the age of 13. We do not knowingly collect personal information from children. If we learn that a child under 13 has provided us with personal data, we will delete it immediately.