Privacy Policy

Effective Date: 2/23/2024

Effective Date: 10/16/2023

Thank you for using our Platform. Your privacy is very important to us, and it is our intent to comply with any applicable law regarding the personal information we collect about you. This Privacy Policy explains our processing of the personal data collected through www.onbrand.com (the “Site”), our platform, and our related mobile application(s) (the “App(s)” together with the Site, the “Platform”). By using the Platform, you agree to this Privacy Policy. The Platform is provided by Gatho Inc., and we are a data controller. We are committed to protecting and respecting your privacy so you can navigate and use the Platform safely.

This Privacy Policy discloses what information we collect about you, how we gather it, how we use and share it, and what rights you have. This Privacy Policy may change from time to time, so we recommend that you read it periodically. This Privacy Policy is incorporated into our Terms which, together with this Privacy Policy, govern your use of the Platform. We want to make this Privacy Policy as clear as possible. If, however, you have any questions, comments, or concerns about this Privacy Policy, please send us an email at support@onbrand.com.

Some jurisdictions may provide for additional privacy rights and disclosures to their residents or relevant data subjects that may apply to you in certain circumstances.

As a user of our Platform or a visitor to our Site, you must accept this Privacy Policy. If you do not consent to the terms of this Privacy Policy, do not access the Site, or use the Platform. By using the Platform or accessing our Site, you agree to this Privacy Policy and to our processing of Personal Information as described in this Policy.

I. Information We Collect About You

Some of the information we collect about you identifies you. If it identifies you, we call it “Personal Information.” Personal Information does not include any information that is publicly available or information that has been anonymized to the point where a specific individual or household cannot be identified from the remaining information. If we associate non-identifiable information with information that identifies you, we will treat it as Personal Information.

We only collect and use your Personal Information when we have a legitimate reason for doing so. We only collect Personal Information that is reasonably necessary to provide our Platform to you and for the purposes set forth in this Policy. The information we collect can come from information you provide, information we collect through automated means, and information we collect from other sources.

A. Information You Provide.

1) Profile Information. When you register on the Platform, we will need to collect demographic and personal details about you. The Personal Information you provide may include the following:

● Personal details, including your name, address, email address, and phone number;

● Demographic information such as age or gender;

● Transaction information;

● Account information, such as your username and the password you use to access our Platform;

● Profile information associated with you; and

● Other Personal Information you choose to provide us when you interact with us.

You are responsible for the accuracy of the Personal Information that you submit. You can choose whether you provide Personal Information to us, but if you do not provide it to us, we may not be able to offer certain features of the Platform.

2) Payment Information. Payment processing for the Experiences and any Events or Goods booked or purchased through the Platform will be performed by Gatho’s third-party payment processor e, g, Stripe, Inc. (“Payment Processor”) as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). Your use of the Platform and the payment processing provided by the Payment Processor is subject to Payment Processor Agreement Terms and Conditions and Privacy Policy. All bank, credit card, or other payment information is sent directly to and stored with the Payment Processor using its security protocols. We do not store your payment information on our systems and shall not have any responsibility for the safety or security of that information.

3) Other Information. When you contact customer support or communicate with us in any other way, we’ll collect whatever information you volunteer or that we need to resolve your question. Note that our ability to resolve your question could be dependent upon you disclosing the information we require.

B. Information We Collect Automatically.

1) Usage and Device Information. When you use our Platform, we automatically collect certain browser or device-generated information by using various types of technology (“Usage Information”). This information includes, but is not limited to:

● Your IP address or other device addresses or IDs;

● Web browser and/or device type;

● The pages or other content you view or interact with on the Platform;

● The server from which you are accessing our Platform; and

● The date, time, and place of accessing our Platform.

We may also use these technologies to collect information regarding your interaction with email messages, such as whether you have opened, clicked on, or forwarded a message.

2) Geolocation Data. Our Platform may collect information about the exact location of your device using geolocation and technology such as GPS, Wi-Fi, Bluetooth, or cell tower proximity. You generally can disable the collection of this information in your device settings. Some features of our Platform may not work properly without information about your location

3) Cookies and Other Tracking Technologies. Like most online services and mobile applications, we use cookies and similar tracking technologies like web beacons, to collect Usage Information. Please see the “Cookies and Other Tracking Technologies” section below for more information.

4) Analytics. We may work with different companies that offer services that can assist us in better understanding how users interact with and use the Platform. For example, we may use a product called Google Analytics by permitting Google to use technologies such as web beacons and cookies to collect certain non-personally identifiable information that helps us understand your use of our Platform. We may permit Google and other third-party analytics providers to combine information collected through our Platform with information collected from third-party services, and these analytics providers may use this information to help us better understand our users. These analytics providers may also use this information to help their other customers better understand their users.

C. Information from third parties.

1) Supplemental Information. We may, from time to time, supplement the information we have about you with information from third parties for various purposes, including to enhance our ability to serve you, to offer you opportunities that may be of interest to you, and to improve the performance of our ads. We do not intentionally seek out any information about you from third-parties that you have not consented to providing or sharing.

2) Integrated Services. We may from time to time give you the option to access or register for the Platform through the use of your username and password for certain services provided by third parties (each, an “Integrated Service”), such as through the use of your Facebook or Google credentials, or otherwise have the option to authorize an Integrated Service to provide Personal Information or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store your name, email address(es), date of birth, gender, current city, profile picture URL, and any other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Privacy Policy. You should check your privacy settings on each Integrated Service to understand and change the information sent to us through each Integrated Service. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Platform.

II. How We Use Your Information

A. To Provide Services. We use your information to improve your experience and to deliver the Platform. We will use your information to customize or personalize your experience with our App and to provide you with customer support. We may also use your information if we need to contact you about your relationship with us.

B. To Manage Our Business. We also use the information for our business purposes, which include the following:

● Planning and managing our activities, including marketing our Platform, researching, and analyzing your use of the Platform or your visits to the Site, tracking user behavior, and collecting feedback;

● Delivering targeted advertisements;

● Administering our business, such as managing agreements with our suppliers;

● Monitoring aggregate usage metrics such as total number of visitors to our Site;

● Developing new features, functionalities, and services;

● Operating, evaluating, maintaining, improving, or developing our Platform and Site operation;

● Protecting and ensuring the safety of the Platform, our confidential and proprietary information, and our employees;

● Managing, protecting against, and investigating fraud, risk exposure, claims and other liabilities, including but not limited to violation of the Terms, laws or regulations;

● For internal recordkeeping purposes;

● Anonymizing your Personal Information for further internal and external uses in a manner that does not identify you; and

● The ways we describe elsewhere in this Privacy Policy.

III. How We Share Your Information

Except as described in this Privacy Policy, we do not disclose your Personal Information without your consent.

To Provide the Platform. We may share Personal Information as necessary to provide our Platform, complete a transaction, market the Platform to you, or fulfill your requests. For example, we work with third party service providers to help us provide the Platform and we may need to share your information with them so they can fulfill their obligations to us. We may share your information to monitor, improve, or better market our Platform such as with third party cookie providers.

B. To Manage Our Business.

1) Related Parties and Affiliates. We may share Personal Information with a parent, subsidiary, or affiliate of our company.

2) Service Providers and Professional Advisors. We work with third party service providers to help us provide the Platform and to assist us in operating our business. For example, service providers are used in areas such as email management and deployment, analytics, marketing, advertising, market research, identity validation, content distribution, customer service, payment fulfillment, logistics, website maintenance and data storage and security, and we share your Personal Information so they can fulfill their obligations to us. We may also share your Personal Information with our professional advisors such as our legal representatives or insurance brokers.

3) Legal Requirements and Law Enforcement. We will disclose your Personal Information if we have a good faith belief that such disclosure is necessary to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, or court order and to meet national security or law enforcement requirements. We will also disclose your Personal Information to respond to a physical threat to you or others or to defend or assert legal rights of us or others. We may disclose your Personal Information to credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you.

4) Dispute Resolution. We will disclose your Personal Information as necessary to resolve disputes, inquiries, or complaints. We may disclose your Personal Information if we believe you have violated our Terms.

5) Business Transfers. We may also share your information in the event we are transferred or sold to another entity because of a corporate sale, merger, consolidation, asset sale, or in the unlikely event of bankruptcy.

6) Other Sharing of Personal Information. We reserve the right to disclose Personal Information that we believe, in good faith, is appropriate or necessary to: (a) take precautions against liability, (b) protect us or others from fraudulent, abusive, or unlawful uses or activity, (c) investigate and defend us against any third-party claims or allegations, (d) protect the security or integrity of the Platform and any facilities or equipment used to make the Platform available, or (e) protect our property or other legal rights, or the rights, property, or safety of others.

C. Targeted Advertising. After obtaining your consent, we may share your Personal Information with third parties for commercial or marketing purposes. We may also share your Personal Information with third-parties so they can market to you and so they can better deliver targeted advertisements to you. You may change your mind or opt-out of the sharing of your information for these purposes. Please note that other parties may collect Personal Information about your online activities over time and across different Web sites when you use our Platform. Please see the “Targeted Advertising” section below for more information.

D. Sale of Personal Information for Marketing. We do not sell, rent, or lease any Personal Information to any third party for commercial or marketing purposes without your consent.

E. Personalizing Third-Party Services. We may allow third parties, including business partners, advertising networks, and other advertising service providers, to collect information about your online activities through cookies, pixels, local storage, and other technologies. Your Personal Information may assist such parties in understanding your interests, habits, and usage patterns so they may better target content, services, advertisements, promotions, and/or functionality to you, made available through their sites or services.

F. Your Consent. We may disclose your Personal Information to a third party in a manner not addressed by this Privacy Policy, subject to your consent at such time.

G. Aggregate and Anonymous Information. We may make automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third-parties for various purposes, including: (a) for compliance with various reporting obligations; (b) for business or marketing purposes; or (c) to assist us in improving the Platform.

We expressly disclaim any and all liability for the actions of third parties. The privacy practices of any third parties are outside the scope of this Privacy Policy and their use or disclosure of your information (including your Personal Information) are governed by their own privacy practices.

IV. Your Responsibilities

You are responsible for securing and maintaining the privacy of your login information and password(s) and verifying that your Personal Information is accurate and current. We are not responsible for the privacy or security of any information on the Platform that you make publicly available or what others do with information you share with them. Please think carefully before deciding what information you share, including Personal Information, in connection with your use of the Platform.

Be aware that certain Personal Information and other information in connection with your use of the Platform may be stored on your device (even if we do not collect that information). You are solely responsible for maintaining the security of your device from unauthorized access.

V. Your Choices and Rights

You have choices when it comes to the privacy practices and communications described in this Privacy Policy. Many of your choices may be explained at the time you sign up for or use our Platform or in the context of your use of our Platform. You may be provided with instructions and prompts within the experiences as you navigate the Platform. If you do not want your Personal Information used or shared as provided in this Privacy Policy, you should not use the Platform.

You may, of course, decline to share certain Personal Information with us in which case, we may not be able to provide some of the features and functionality of the Platform.

A. Targeted Advertising. When you use our Platform, we may collect information about your activities with your consent, so that we can provide you with advertising tailored to your interests. We may also use automated technologies to collect information when you interact with our Platform through one of our partners, such as advertising and commerce features. For example, we may use information collected on other websites to show you more relevant ads.

Because we may utilize advertising networks, you may see certain ads on other websites. Ad networks track your online activities over time by collecting information through use of cookies, web beacons, and other technologies. We may use ad networks that combine information collected through our App with information collected from third-party sites that also take part in the relevant ad network. This information includes, for instance, the pages or advertisements you view and how you use the websites. This information helps us deliver advertisements that are targeted towards you based on your interests, other information related to you, and contextual means. Ad networks may also use this information to help their other customers deliver advertisements that are targeted towards you on those third-party sites. We request your separate consent before we use or disclose your information for targeted advertising purposes.

The companies we work with to provide you with targeted ads are required to give you the choice to opt out of receiving targeted ads. Most of these companies are participants of the Digital Advertising Alliance (“DAA”) and/or the Network Advertising Initiative (“NAI”). To learn more about the targeted ads provided by these companies, and how to opt out of receiving certain targeted ads from them, please visit: (i) for website targeted ads from DAA participants, https://www.aboutads.info/choices ; (ii) for app targeted ads from DAA participants, https://www.aboutads.info/appchoices ; and (iii) for targeted ads from NAI participants, https://www.networkadvertising.org/choices/. Opting out only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., in connection with the participants’ other customers or from other technology services). If you choose to opt out, you will continue to receive advertisements, but they will not be tailored to your interests.

Google also provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at https://www.google.com/settings/ads/onweb/.

Please note that if you opt out using any of these methods, the opt-out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any third-party statements regarding their opt-out options or programs.

Depending on the type and version of the operating system of your mobile device, you may also be asked whether to enable targeted advertising. You may also limit our use of information collected from or about your mobile device for purposes of serving targeted ads to you by going to your device settings and selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices).

B. Commercial Email Opt-Out. After you sign up to receive digital communications for any of our Platform, you can choose to opt-out of receiving additional digital communications from us or our advertisers or sponsors. When you communicate with us through any means such as chat or email, we may use your contact details for marketing communications. You can unsubscribe from email and other digital communications by following the instructions in the communication or by sending a request to us using the contact information listed below or through the Contact Us link provided at the bottom of every page of the Site.

If you opt-out of receiving commercial emails from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Platform.

We do not share Personal Information with third parties for their own direct marketing purposes unless you give us permission to do so.

C. Applicable Law. Subject to applicable law, you may have different rights regarding our use of your information. For example, you may have the following rights:

● Right to request access to and to check what Personal Information we maintain about you;

● Right to request copies of your Personal Information;

● Right to update and correct inaccuracies in your Personal Information;

● Right to have your Personal Information deleted;

● Right to request restriction of the collection, processing, or use of information about you;

● Right to request data portability;

● Right to lodge a complaint with a supervisory authority; and

● In some cases, the right to object to our processing of your information and to withdraw your consent to our processing of your information.

You can perform many of these actions by going back to the Platform, logging-in, and making the desired change.

When you request the deletion of your information, object or withdraw your consent to the processing of your information, we may not be able to provide all the features of the Platform to you. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to the Platform from our servers.

To exercise any of these rights please contact us using the contact information listed below or through the Contact Us link provided at the bottom of every page of the Site. We will promptly review all such requests in accordance with applicable laws.

VI. Children’s Privacy

The Platform is designed and intended for use by adults and are not intended for nor designed to be used by children under the age of eighteen (18) years. We do not intend to collect Personal Information from any person we know is under the age of eighteen (18). We direct potential users under eighteen (18) years of age not to use the Platform. If we learn that Personal Information of persons younger than eighteen (18) years of age has been collected, then we will take the appropriate steps to delete this information. To make such a request or if there are any questions or concerns about this Privacy Policy or its implementation, please contact us using the contact information listed below or through the Contact Us link provided at the bottom of every page of the Site.

VII. Cookies and Other Tracking Technologies

“Cookies” are alphanumeric identifiers that are stored on a computer, browser, laptop, tablet, mobile phone, or other device (each, a “Device”), which collect information about your activity, browser, and Device. A “web beacon” (sometimes referred to as pixels and tags) is a small object or image that is embedded into a web page, application, or email, and is used to track activity.

We may use both session (for the duration of your visit) and persistent (for the duration of a fixed period of time) cookies and tracking technologies. A cookie does not provide us with access to your computer or to Personal Information beyond what you provide to us.

Some cookies are necessary to use the Platform, and these cannot be disabled. Other cookies are not required to use our Platform and may be disabled or deleted, but this may prevent you from properly using the Platform. Most browsers allow you to adjust your cookie settings.

We may use cookies to collect information about the areas within our Platform that you view, your access times and frequency of your visits, your IP address, and the URL that has referred you to our Platform. This helps us identify users, track behavior on the Platform, keep the Platform secure, and improve the Platform’s performance. We may also use this data to help us understand our users and to shape our marketing.

VIII. How Your Information is Secured

We follow generally accepted industry standards, including the use of appropriate administrative, physical, and technical safeguards, to protect the Personal Information submitted to us. For example, when you enter Personal Information, we encrypt the transmission of that information or use secure connections.

Despite efforts to protect your Personal Information, no method of electronic transmission or storage is 100% secure, and there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the internet may be intercepted.

If we learn of a security system breach, then we may attempt to notify you so that you can take appropriate protective steps. We may post a notice through the Platform if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing, and we will follow all applicable laws.

IX. How Long We Keep Your Personal Information

We will retain your Personal Information as long as your Account is active or as needed to provide you Platform. At any time, you can remove your Personal Information or instruct us to remove it, but you should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our servers. See “Your Choices and Rights” for more information on how you can remove your Personal Information.

Even though you may make changes or request deletion of your Personal Information, we may retain all information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

X. Location of the Platform

Our Platform is located and operated in the United States. The Personal Information that you provide to us is stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that in order to provide the Platform to you, we must transfer your Personal Information to the United States where it will be stored and processed in accordance with this Privacy Policy. By using the Platform, you consent to such collection, storage and processing in the United States. The United States and other jurisdictions may not afford the same level of data protection as considered adequate in your own country. We will take commercially reasonable steps to protect your Personal Information.

If you do not consent to such transfer, you may not use the Platform. If you choose to access and use the Platform from outside the United States, you acknowledge that you are doing so on your own initiative, at your own risk, and are responsible for compliance with applicable laws.

XI. Changes to our Privacy Policy

We reserve the right to amend our Privacy Policy at any time and as needed. When we make changes to this Privacy Policy, we will post the updated Privacy Policy on our Site and update the Privacy Policy’s effective date. Your continued use of the Platform following the posting of changes constitutes your acceptance of such changes.