Privacy Policy

Privacy Policy

TrailBehind, Inc. ("we" or "us") is committed to protecting your privacy.  This Privacy Policy describes how we collect, store, use and distribute information through our software, website, documentation, and related services (together, the "Services").

Capitalized terms not defined in this Privacy Policy have the meaning as set forth in the Terms of Service for the Services, which can be found at http://www.gaiagps.com/company/terms_of_use/.

  • Consent. By using the Services, you consent to the use of your Personal Information as described in this Privacy Policy.  If you are not of legal age to form a binding contract (in many jurisdictions, this age is 18), you may only use the Services and disclose information to us with your parent’s or legal guardian’s express consent. Furthermore, children under the age of 13 cannot use or register for the Services in any way. Review this Privacy Policy with your parent or legal guardian make sure you understand it.  Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent.  We do not actively collect Personal Information for the purpose of sale of such information in a way that specifically identifies the individual (i.e. we don’t sell customer lists). However, as described in this policy, we do allow third parties and service providers to collect Personal Information through the Services and share information with third parties and service providers for business purposes. You may withdraw your consent to our processing of your Personal Information at any time.  However, withdrawing consent may result in your inability to continue using some or all of the Services.

  • Collection of Information.

    Personal Information

    By their nature, the Services track certain data from your mobile device that may be used to identify you individually. Such data may include, but is not limited to, routes, tracks, waypoints and geo-tagged photos that you take while out hiking, mountain biking, and offroading. When registering to use the Services, we may also require you to provide certain personally identifiable information about yourself, such as your name, company/organization name, email address, and/or social media username (these are referred to below as your "Personal Contact Information").

    When purchasing the Services, we will require you to provide financial and billing information, such as billing name and address, and credit card number ("Billing Information"). Your Personal Contact Information and your Billing Information, together with any other information we gather through the Services that may be used to identify, contact, or locate you individually, are collectively referred to herein as your "Personal Information."

    Data, Diagnostic & Login Information

    You may be able to create, upload, publish, transmit, distribute, display, store or share information, data, text, graphics, photos, video, messages, maps or other materials using our Services (this is collectively referred to below as "Data"). Some of this Data may be stored and maintained on our servers. Through the Services, you will have the ability to select that some or all of your Data be made available to other users. Data that you select to be made available to other users shall be referred to as "Public Data." Any Data that you do not affirmatively indicate through the Services to be designated Public Data will be deemed "Private Data." If you run into technical errors in the course of using the Services, we will automatically obtain a crash report along with certain logging information from your system documenting the error ("Diagnostic Information"). You may opt out of providing such Diagnostic Information, in your discretion.  Such information may contain information regarding your Operating System version, hardware, browser version (and .NET version information in case of Windows systems), and your email address, if provided.  Additionally, certain login information may be maintained in a cookie stored locally on your personal computing device (i.e. not on a server) in order to streamline the login process ("Login Information").

    Usage and Analytics Information

    As you use our Services, we may also collect information through the use of commonly-used information-gathering tools, such as cookies, log files, and Web beacons. Such Information may include standard information regarding your mobile device, browser type, browser language, Operating System, Internet Protocol ("IP") address, and the actions you take on our web site (such as the web pages viewed and the links clicked) or while using the Services. Collectively, this information is referred to as "Usage and Analytics Information."

    Geo-Location Information

    When you use our Services, we may use GPS technology (or other similar technology) to determine your current location. Such information is referred to as "Geo-Location Information." If you do not want us to use your location for the purposes set forth below, you can turn off the location tracking option for the Services located in your account settings, or otherwise in your mobile phone settings.

  • Use of Information. We use the information we collect in the following ways:

    Information Collected

    Use

    Personal Contact Information

    We use this information to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or request feedback, for identification and authentication purposes, for service improvement, and to address issues like malicious use of the Services.  We may also use Personal Contact Information for limited marketing purposes, namely, to contact you to further discuss your interest in the Services, and to send you information about us or our partners.

    Billing Information

    We use Billing Information to manage your account, to provide the Services, and to check the financial qualifications of prospective customers and to collect payment for the Services. We may use a third-party service provider to manage credit card processing. If we do so, such a service provider will not be permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on our behalf.

    Data, Diagnostic Information and Login Information

    We use this information for the purpose of administering and improving our Services to you. We may also use this information in a de-identified, anonymous way in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, and to increase the Services’ functionality and user-friendliness. We may reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Public Data, to other users of the Services, to the public, or to any third party. We may use Private Data, in an anonymized manner, to provide data to users of the Services as to the popularity of existing features on maps, such as trails and points of interest and the frequency with which such locations have been visited in a given month.

    Usage and Analytics Information

    We may use your Usage and Analytics Information in a de-identified, anonymous way in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, to increase the Services’ functionality and user-friendliness, and to verify users have the authorization needed for the Services to process their requests.

    You may opt out of Google Analytics tracking. To opt out in the mobile app, go to the Settings screen and disable the tracking.

    To toggle tracking for gaiagps.com, log in, and a button will appear below this sentence that lets you opt out.

    Geo-Location Information

    We may use this information for the purpose of administering and improving our Services to you, such as by providing you with relevant advertisements and promotions. We may also use your Geo-Location Information in an anonymized manner in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, and to increase the Services’ functionality and user-friendliness.


    Please note that if you are registering for or using the Services as an administrator on behalf of an organization, you may be able to view the activity and/or content associated with your sub-users’ use of the Services, including, but not limited to, their Personally Identifiable Information.

    If we plan to use your Personal Information in the future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy.  See further the section of this Privacy Policy entitled "Amendment of this Privacy Policy".

  • Disclosures & Transfers.  We have put in place contractual and other organizational safeguards with our agents to ensure a proper level of protection of your Personal Information (see further "Security" below).  In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further below).

    Please note that if you are using the Services at the request or as part of an organization, your organization’s account administrator may be able to view certain activity and content associated with use of the Services, including, but not limited to, elements of your Personally Identifiable Information.

    From time to time we may employ third parties to help us provide and/or improve the Services.  These third parties may have limited access to databases of user information or registered member information solely for the purpose of helping us to provide and/or improve the Services and they will be subject to contractual restrictions prohibiting them from using the information about our users for any other purpose.  Except as specifically set forth below, such agents or third parties do not have any rights to use Personal Information beyond what is absolutely necessary to assist us.

    We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities.  We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

    We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

  • Mapbox. We use a location data platform called "Mapbox" to display maps through the Services. Unlike our other vendors, who may use your Personal Information solely for the purpose of helping us to provide and/or improve the Services, Mapbox may also be able to use certain elements of your Usage and Analytics Information and Geo-Location Information in an anonymized manner to improve their own map, direction, travel time, and search services. You may opt out of providing Mapbox with such information, in your discretion.

  • Google Marketing Services. We use the marketing and remarketing services of Google LLC (“Google”) on our platform. These services allow us to display advertisements in a more targeted manner in order to present advertisements of interest to users. Through remarketing, ads and products are displayed to users relating to an interest established by activity on other websites within the Google Network. For these purposes, a code is used by Google when our website is accessed and what are referred to as (re)marketing tags are incorporated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies may also be used instead of cookies). This file records which apps users have visited, which content they are interested in and which offers have been used. In addition, technical information about the browser and operating system, IP address, referring websites, the length of the visit, as well as additional data about the use of the online products and services may be stored. For more information about Google’s use of data for marketing purposes, please see: https://www.google.com/policies/technologies/ads. Google’s privacy policy is available at https://www.google.com/policies/privacy. If you wish to object to interest-based advertising by Google marketing services, you can do so using the settings and opt-out options provided by Google: http://www.google.com/settings/ads.

  • Facebook Pixel. We use the “advertising pixel” from Facebook Inc. (“Facebook”) on our website. This allows user behavior to be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy at https://www.facebook.com/about/privacy/'. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads.

  • Facebook SDK. We use Facebook’s Software Development Kit (SDK) within our app. The Facebook SDK is issued and administered by Facebook. By means of this integration, we can link various Facebook services with our app. For example, this enables users to be able to use the Facebook SDK to share content from our apps within their Facebook timeline or to send messages to other Facebook users. Further information about the Facebook SDK within iOS can be found here: https://developers.facebook.com/docs/ios. For Android, please refer to: https://developers.facebook.com/docs/android. We also use the Facebook App Events service though the Facebook SDK to track the reach of our advertising campaigns and the use of the Facebook SDK. Facebook merely provides us with an aggregated analysis of user behavior with our app. We have no influence beyond that on the information that will be processed through App Events by Facebook. In our app settings, you can opt out of using App Events for these purposes.

  • Non-US Users. These Services are hosted in the United States and are intended primarily for visitors located within the United States. If you choose to use the Services from other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you may be transferring your Personal Information outside of those regions to the United States for storage and processing. By providing your Personal Information through the Services, you consent to such transfer, storage, and processing.

  • Security. The security of your Personal Information is important to us.  We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment.  We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us.  We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

    You are also responsible for helping to protect the security of your Personal Information.  For instance, never give out your password, and safeguard your user name, password and personal credentials when you are using the Services, so that other people will not have access to your Personal Information.  Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the Services.


  • Sharing Information with Third Parties. You may be able to share Personal Information with third parties through use of the Services.  The privacy policies of these third parties are not under our control and may differ from ours.  The use of any information that you may provide to any third parties will be governed by the privacy policy of such third party or by your independent agreement with such third party, as the case may be.  If you have any doubts about the privacy of the information you are providing to a third party, we recommend that you contact that third party directly for more information or to review its privacy policy.

  • Retention.  We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you.  We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law.  All retained Personal Information will remain subject to the terms of this Privacy Policy.  Please note that if you request that your Personal Information be removed from our databases, it may not be possible to completely delete all of your Personal Information due to technological and legal constraints.

  • Amendment of this Privacy Policy.  We reserve the right to change this Privacy Policy at any time.  If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice.  Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted, and any material changes will become effective 30 days from their posting on https://www.gaiagps.com/company/privacy/ or via email to your listed email address. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you and your account.  The date on which the latest update was made is indicated at the top of this document.  We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes.  Your continued use of the Services signifies your acceptance of any changes.

  • Access and Accuracy.  You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information.  Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user.  In such circumstances we will provide reasons for the denial to you upon request.  We will endeavor to deal with all requests for access and modifications in a timely manner.

    We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate.  As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information.  Having accurate Personal Information about you enables us to give you the best possible service.


  • Notice to California Consumers.

    Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties.  If you are a California resident and would like a copy of this notice, please submit a written request to: legal@gaiagps.com.

    Furthermore, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), natural persons who are California residents have certain rights concerning their personal information held by us, as described below.

    Personal Information Collection, Use, and Disclosure:The following table describes (i) the categories of personal information (as defined in the CCPA) we may collect about you; (ii) the sources from which that information is collected; (iii) the business and/or commercial purposes for collecting that information; and (iv) the categories of third parties to whom that information is disclosed.

    Category of Personal Information

    Examples

    Sources of Personal Information

    Business and/or Commercial Purpose(s)

    Disclosure of Personal Information

    Identifiers

    Name, email address, mailing address, social media username, user ID, credit card information, IP address, unique device identification numbers

    You

    Performing the Services, maintaining the quality or safety of the Services, internal research, debugging, auditing and analysis of user interactions, advancing our commercial or economic interests.

    We may disclose this information pursuant to the section above entitled “Disclosures and Transfers.”

    Commercial information

    Sales engagement history, purchase and consumption history

    You

    Performing the Services, maintaining the quality or safety of the Services, internal research, debugging, auditing and analysis of user interactions, advancing our commercial or economic interests.

    We may disclose this information pursuant to the section above entitled “Disclosures and Transfers.”

    Internet or other electronic network activity information

    Browser type and settings, the date, time, and length of your visit, your browsing history, mobile carrier, application activity, system configuration information

    You (including through the use of tools such as cookies and web beacons)

    Performing the Services, maintaining the quality or safety of the Services, internal research, debugging, auditing and analysis of user interactions, advancing our commercial or economic interests.

    We may disclose this information pursuant to the section above entitled “Disclosures and Transfers.”

    Geolocation data

    Real-time GPS location, routes, tracks, waypoints and geo-tagged photos

    You

    Performing the Services, maintaining the quality or safety of the Services, internal research, debugging, auditing and analysis of user interactions, advancing our commercial or economic interests.

    We may disclose this information pursuant to the section above entitled “Disclosures and Transfers.”

    Audio, electronic, visual, thermal, olfactory, or similar information

    Photographs, electronic communications, your Data

    You

    Performing the Services, maintaining the quality or safety of the Services, internal research, debugging, auditing and analysis of user interactions, advancing our commercial or economic interests.

    We may disclose this information pursuant to the section above entitled “Disclosures and Transfers.”

    Professional or employment-related information

    Employment history, employer name, position, organization information

    You

    Performing the Services, maintaining the quality or safety of the Services, internal research, debugging, auditing and analysis of user interactions, advancing our commercial or economic interests.

    We may disclose this information pursuant to the section above entitled “Disclosures and Transfers.”

    Information derived from other Personal Information about you

    Preferences, interests, and other information used to personalize your experience

    You

    Performing the Services, maintaining the quality or safety of the Services, internal research, debugging, auditing and analysis of user interactions, advancing our commercial or economic interests.

    We may disclose this information pursuant to the section above entitled “Disclosures and Transfers.”

    California Privacy Rights: To the extent provided for by law and subject to applicable exceptions, California residents have the following privacy rights in relation to the personal information we collect:

    • The right to know what personal information we have collected and how we have used and disclosed that personal information;
    • The right to opt out of the sale of your personal information;
    • The right to request deletion of your personal information; and
    • The right to be free from discrimination relating to the exercise of the foregoing privacy rights.

    Note: For purposes of the CCPA, we do not sell your personal information.

    Exercising Your Rights: California residents can exercise the above privacy rights by emailing us at legal@gaiagps.com or through this online form: link. When submitting your request, please include the following information: (i) name associated with your account, (ii) email associated with your account, and (iii) what action you are requesting (i.e. right to know or deletion).

    Verification: In order to protect your personal information from unauthorized access or deletion, we may require you to verify your login credentials before you can submit a request to know or delete personal information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional personal information for verification. If we cannot verify your identity, we will not provide or delete your personal information.

    Authorized Agents: You may submit a request to know or a request to delete your personal information through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.


  • Safe Harbor. TrailBehind, Inc. does not yet participate in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. For more information about the Safe Harbor, visit the U.S. Department of Commerce's Safe Harbor Web site.

  • Contact Us.  You can help by keeping us informed of any changes such as a change of email address or telephone number.  If you would like to access your information, if you have any questions, comments or suggestions, if you find any errors in our information about you, or if you have a complaint concerning our compliance with applicable privacy laws, please contact us at legal@gaiagps.com or by mail at:

TrailBehind, Inc.
1474 University Ave.
Berkeley, CA 94702

Change Log

  • 9/25/2020 - Added new language to comply with the California Consumer Privacy Act and clarify how we advertise to users
  • 3/13/2019 - updated the company address under 13. Contact Us
  • 3/9/2018 - ground-up rewrite authored by a lawyer, while in the past we had just winged it