Privacy Policy

last updated April 6th, 2021

This Privacy Policy explains how Mind Solutions Ltd (“Gambless”, “we” or “us”) collects, uses, and discloses information about you when you access or use our websites, mobile application, and other online products and services (collectively, the “Services”), and when you contact our customer service team, engage with us on social media, or otherwise interact with us.

Your privacy is important to us. We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.

We don’t share any personally identifying information publicly or with third-parties, except when required to by law.

Our application and website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.

Upon registration on our apps, you are requested to submit your Name and Email address: these are essential to provide you a private access to the app content. Furthermore, using the apps features you might share with us also General Wellness Data: these are not mandatory, but allow you to make full use of the app features (diary, trackers, etc.) You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

Our app has not been made for children. If a parent or guardian finds out that their child is using the app without their consent, then the parent or guardian should contact the Gambless team at [email protected] with a subject title of ‘Minor utilising the app without consent’ and evidence detailing it. We will review the request and delete the account if appropriate.

Your registration and continued use of our application and website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us at [email protected].

This policy has been updated to reflect the changes introduced by the Data Protection Act 2018 (“DPA”) and the General Data Protection Regulation (the “GDPR”). In this privacy policy we seek to abide by the letter and spirit of the guidelines laid out by the ICO on their webpage on the ‘Right to be Informed’.

Terms of Service

Full detailed terms, can be found at our Terms of Services page.

1. Terms

By accessing our application and website (https://gambless.org), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

1. Permission is granted to temporarily download one copy of the software on Gambless’ app and website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   • modify or copy the materials;
   • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   • attempt to decompile or reverse engineer any software contained on Gambless’ app or website;
   • remove any copyright or other proprietary notations from the materials; or
   • transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Gambless at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on Gambless’ app and website are provided on an ‘as is’ basis. Gambless makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, Gambless does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any apps and sites linked to this site.

4. Limitations

In no event shall Gambless or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Gambless’ website, even if Gambless or a Gambless authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Gambless’ app and website could include technical, typographical, or photographic errors. Gambless does not warrant that any of the materials on its app and website are accurate, complete or current. Gambless may make changes to the materials contained on its website at any time without notice. However Gambless does not make any commitment to update the materials.

6. Links

Gambless has not reviewed all of the sites linked to its website or app, and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Gambless of the site. Use of any such linked website is at the user’s own risk.

7. Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

8. Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

9. Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

10. Embedded content from other sources

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

11. Communications

We may use your Personal Information to contact you with push notifications, newsletters, marketing or promotional materials and other information that we believe are of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, and by turning off the push notification comms in the account settings of the app.

• What personal data is processed for our newsletter?
  Your name, e-mail address and language preference. In addition, data might be processed regarding which newsletters you have read and what links in the newsletter you clicked on to enable us to follow up and improve our content.
  
• How your personal data is collected:
  We receive personal data directly from you when you register on our apps, when you purchase some of our premium services, and/or claim our free offers. 
  
• Why do we process your personal data?
  Your personal data is processed to manage your subscription to the newsletter. When your personal data is processed to manage your subscription, this is done with the support of so-called legitimate interests. 

12. Your rights over your data

If you have an account on this app, or have left comments on this site, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you.

You can opt-out from our comms. Please note that some of our communications, such us account creation and password reset, are considered “transactional” and therefore they cannot be opted-out from. Furthermore, you have the their right to request that your data are not subject to a decision based solely on automated processing. You can opt-out from the processing of your data input in certain features of the app, keeping in mind that we might not be able to provide certain features as advertised in the app.

Where we rely on our legitimate interest, you can object to the processing of your personal data for this purpose at any time. If at any point you want to withdraw your consent or object to the processing, depending on the type of newsletter, you should either follow the link by clicking the “unsubscribe” button or send us an email at [email protected]. If you do that, we will update our records immediately to reflect your wishes. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

13. What data we share

The lawful bases for processing Personal Data are set out in Article 6 of the General Data Protection Regulation (GDPR). We may process your Personal Data on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data, where more than one ground has been set out below. At least one of these must apply whenever we process Personal Data:

• Consent:  you have given clear consent for us to process your Personal Data for a specific purpose.
• Contract:  the processing is necessary for a contract we have with you (for example, to process and deliver our services to you and to manage our relationship with you), or because you have asked us to take specific steps before entering into a contract.
• Legal obligation:  the processing is necessary for us to comply with a legal or regulatory obligation (not including contractual obligations).
• Vital interests:  the processing is necessary to protect someone’s life.
• Legitimate interests: the processing is necessary for our legitimate interests (for example to administer and maintain our Platform) or the legitimate interests of a third party unless there is a good reason to protect your Personal Data which overrides those legitimate interests.

We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

We share information about you as follows and as otherwise described in this Privacy Policy:

• By contract, with companies and contractors that perform services for us, including email service providers, payment processors, fraud prevention vendors, spam detection and other service providers;
• By legal obligation, in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
• By legitimate interests, if we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of Gambless or others;
• With your consent or at your direction. For instance, you may choose to share actions you take on our Services with third-party social media services via the integrated tools we may provide via our Services.

We also share aggregated or other information not subject to obligations under the data protection laws of your jurisdiction with third parties. For example, we sometimes may share aggregate information with research organizations to help facilitate their research.

We will only use Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use the Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so; if consent was the lawful basis, consent will be re-obtained. Please note that we may process Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. Please click on the links below to access the Information Commissioner’s Office website to find out more about the following rights:

• Right to be informed if your Personal Data is being used;
• Right to access your Personal Data;
• Right to get your Personal Data corrected;
• Right to get your Personal Data deleted;
• Right to limit how we use your Personal Data;
• Right to data portability;
• Right to object to processing of your Personal Data;
• Right to restrict the processing of your Personal Data.
• Right to withdraw consent.

For any queries, feedback or comments regarding the use and processing of your data, or questions regarding how to exercise your rights, you can refer to Maurizio Savino, our Data Protection Officer. Maurizio Savino holds a Msc in Management from Bocconi University. He is also co-founder and CEO of Gambless. He can be reached at [email protected].

The time frame in which we will respond to any requests to exercise your rights is typically within 7 days, although some complex cases can require up to 60 days.

14. Where is my data stored?

Your data inputted into our app is saved and sent to our backend servers where it is safely secured on the Amazon Web Services platform. All personally identifiable data is encrypted while in transit between the device and the external storage facility.

If you have further questions about Amazon Web Services, find out more at https://aws.amazon.com/what-is-cloud-storage/.

15. Do you have any prevention measures to keep my data safe?

We know that data security is important to you and it is therefore important to us. Our intent to ensure that data minimisation principles are met. We have put in place appropriate security measures to prevent your Personal Data, and that of anyone uploaded into the app, from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed, including up to date virus software and personal protection on our computers and devices. In addition, we limit access to Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process Personal Data on our instructions in accordance with this policy and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

If you suspect of any breaches, you have the right to complaint to the Information Commissioner Office. The Information Commissioner can be contacted at: https://ico.org.uk/make-a-complaint/

16. Modifications

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

17. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Bulgaria, member of the European Union, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.