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Gemini State Law Privacy Notice
Last updated: December 23, 2024
This State Law Privacy Notice (“Notice”) describes how and why we collect specific categories of your Personal Information pursuant to applicable U.S. state laws. This Notice supplements our main Gemini Privacy Policy.
1. Category of Personal Information Collected
1. Category of Personal Information Collected
We collect the categories of Personal Information identified below, and for some of these categories, we “sell” or “share” (as such terms are defined in applicable law) for marketing and targeted advertising purposes to business partners and third parties, such as data analytics providers, advertising technology vendors, third-party advertising networks, and social media platforms.
| Category Collected? | Sell or Share? | Category of Third Party Sold To/Shared With? |
|---|---|---|
Identifiers/biographical information, including Name, postal and email address, phone number. Online identifiers, Internet Protocol (“IP”) address, and other similar identifiers. | Yes | Data Analytics Provider, Advertising Technology Vendor |
Personal information categories listed in the California Customer Records statute, such as your credit or debit card number. | No | N/A |
Characteristics of protected classifications under California or Federal law, including age, gender/sex, language preferences, etc. | No | N/A |
Commercial information, including items purchased, obtained, or considered and other purchasing or consuming histories or tendencies. | Yes | Data Analytics Provider, Advertising Technology Vendor |
Internet or other electronic network activity information | Yes | Data Analytics Provider, Advertising Technology Vendor |
Biometric information | No | N/A |
Audio, electronic, visual, thermal, olfactory, or similar information | No | N/A |
Professional or employment-related information | No | N/A |
Inferences, meaning inferences drawn from the above-listed categories of Personal Information to create a consumer profile reflecting consumer preferences or characteristics. | No | N/A |
Sensitive Personal Information, means Personal Information that reveals social security, driver’s license, state identification card, or passport number, genetic information, biometric information, account log-in, financial account, debit card, or credit card, password, or credentials allowing access to an account, financial information (including account number), precise geolocation, racial or ethnic origin, national origin, treatment, union membership, religious or philosophical beliefs, status as transgender or non-binary, sexuality, status as a victim of crime, citizenship or immigration status, contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication; as well as the processing of biometric information for the purpose of uniquely identifying a consumer, and personal information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation. We do not use or disclose such information for the purpose of inferring characteristics about you or for any purpose other than the limited permissible purposes set forth in the regulations implementing applicable law. Such purposes include providing our Services and verifying, maintaining the quality of, and improving our Services. | No | N/A |
We do not knowingly sell or share personal information about persons under the age of 18. Please click the “Do Not Sell My Personal Information” link at the bottom of Gemini’s homepage here to opt out of the sale or sharing of your Personal Information, including targeted advertising. You may also opt out of the sale or sharing of your Personal Information by emailing privacy@gemini.com.
2. The Business and Commercial Purposes for Which We Collect and Use Your Personal Information:
- To provide you with our Services, including to manage your accounts, orders, billing, and improve reorder experiences
- To process your payments and fulfill your orders
- To create, maintain, customize, and secure your account with us
- To communicate with you, such as through bots (which may be powered by third party vendors and be trained on your inputs through AI-based technology), including to respond to your inquiries/requests and request feedback from you, and to send you important updates and messages about changes to our Services, this Privacy Policy, and/or other applicable terms and conditions
- To review the usage and maintain the operation of our Services
- To conduct analysis and develop and/or improve our Services
- To monitor, protect, and maintain the security and integrity of our Services and our business, such as protecting against and preventing fraud, unauthorized transactions, claims and other liabilities
- To comply with applicable laws and regulations and respond to lawful requests and communications from law enforcement and other government officials
- To carry out sales and business transactions in which information held by us is among the assets transferred or is otherwise relevant to the evaluation, negotiation, or completion of the transaction
- To protect our rights, privacy, safety, property and/or those of others
- To fulfill any other purpose for which you provide your Personal Information or as explained to you at the point of information collection
- To provide you or others with customized content or targeted offers
- To send you information, newsletters, and marketing/promotional material from us and, or on behalf of, our marketing partners and affiliates
3. Retention
We will retain your Personal Information for as long as reasonably necessary to provide you with our Services that you request, for marketing purposes unless you opt out as described in our Privacy Policy, or otherwise where permitted or required in accordance with applicable law. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. What this means in practice will vary between different types of information, and when we consider our approach we take into account ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations.
4. State Privacy Rights
Depending on your state of residence, you may have the following rights under applicable law with respect to your Personal Information. Please understand, however, that these rights are not absolute, and we may decline requests as permitted under applicable law.
- Right to Know. You may submit a request that Gemini disclose the categories of Personal Information we have collected about you, the categories of sources from which your Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing your Personal Information, the categories of third parties with whom we disclose your Personal Information, and the specific pieces of Personal Information we have collected about you.
- Right to Request Specific List of Third Parties. You may have the right to request a list of the specific third parties with whom we have shared or sold your Personal Information.
- Right to Delete. You may submit a request that Gemini delete the Personal Information about you that we have collected from you. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity to exercise our rights, for our internal purposes, or to comply with a legal obligation.
- Right to Correct. You may submit a request that Gemini correct inaccurate Personal Information that we may maintain about you, subject to appropriate verification.
- Right to Opt Out of Sale or Sharing. We use and disclose to third parties’ Personal Information for analytics and advertising purposes. Accordingly, you may submit a request to opt out of the “sale” or “sharing” of your Personal Information (as these terms are defined under applicable law).
- Right Not to Receive Discriminatory Treatment. You have the right to exercise your privacy rights without discriminatory treatment.
- Right to Appeal. Depending on your U.S. state of residence, you may have the right to appeal a decision we have made in connection with your privacy rights request. To appeal a decision, please contact us at privacy@gemini.com.
Please note that, where permitted under applicable law, we may decline a request if we are unable to verify your identity (or an agent’s authority to make the request) and confirm the Personal Information we maintain relates to you.
Please understand that we are not obligated to provide you with access to your Personal Information more than twice in a 12-month period. If your request is manifestly unfounded or excessive, we may either charge a reasonable fee or refuse to act on the request in which case we will notify you of the reason for refusing the request.
5. How to Submit a Request
You may submit a request to access, delete, or correct your Personal Information by emailing us at privacy@gemini.com. Submitting a request to access, delete, or correct does not require you to create an account with us. We are legally obligated to verify your identity when you submit a request. We may request additional information from you, like your date of birth or a personal identification number, to verify your identity. Gemini will confirm receipt of your request within 10 business days and will respond to your request within 45 calendar days, after proper verification, unless we need additional time, in which case we will let you know. If you submit a request to delete your Personal Information, you will also be required to confirm the deletion request by email.
6. Opt-Out Requests
You may request to opt out of the "sale" or "share" of your Personal Information (as these terms are defined under applicable law) at any time by clicking the "Do Not Sell Or Share My Personal Information" link at the bottom of the website's homepage, or by emailing us at privacy@gemini.com.
7. Agent Requests
You may designate an authorized agent to make a privacy rights request on your behalf. Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf or must demonstrate they have power of attorney pursuant to applicable probate law. Gemini retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s Personal Information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention.
Submitting an opt-out request does not require you to create an account with us. If you do have an account with us, you may also opt-out by logging into your account and managing your preferences in Account Settings.
8. Notice of Financial Incentive
We may offer financial incentives to promote our products and services. For example, for every friend or family member you refer to Gemini, you both will earn $15 in the crypto of your choice once your friend trades $100 within 30 days of sign-up. You can earn up to $600 a year in free crypto rewards when you refer friends to Gemini. Please click here to learn more about this program.
We may use Personal Information in connection with these promotions, including the following Personal Information collected at the time of account opening: name, email address, and phone number. Because these promotions involve the collection of Personal Information, they may be interpreted as “financial incentive” programs under California law. Participation in any financial incentive is optional. You may withdraw from the program at any time by emailing support@gemini.com.
The value of any financial incentive we offer is reasonably related to the value of any Personal Information you provide to us. We estimate the value of your Personal Information by considering, without limitation, the expenses we incur from collecting your Personal Information and/or providing the financial incentive to you, the revenue generated by your use of the financial incentive, and any improvements we can make to our products and services based on aggregating information obtained through the financial incentive program.
Please note that we may provide additional terms that apply to a particular financial incentive. If applicable, those terms will be presented to you at sign up.