Privacy Policy / Terms of Use

Last Updated: December 2023




GEMMS Inc. is committed to protecting the privacy and security of your personal information. We also believe in transparency, and this Policy explains how we treat your personal data. Please read this Policy carefully to learn more about how we process personal information and what rights you may have under applicable law.

When does this Policy apply? This Policy describes our practices for the personal information for which we are a “data controller” under applicable law. This includes information collected when you visit our website, (the “Site”). This Policy does not apply, however, when we process personal data on behalf of a customer. For information about a customer’s data practices, please contact the customer directly. We are not responsible for our customers’ privacy or security practices.


We collect the following types of personal data for the purposes listed below. You may choose not to provide us with any personal information, but you will not be able to access portions of the Site that require personal information.

Cookies and Similar Technologies

First and Third-Party Cookies

A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” cookie). “Session” cookies are temporarily stored on your device and remain there until they expire at the end of your browsing session. “Persistent” cookies remain stored on your device until they expire or are deleted by you. Local shared objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the website you are visiting, and they can only be read by that site. Third-party cookies are set by a party other than that website.

Other Similar Technologies

In addition to cookies, there are other data collection technologies, such as Internet tags, web beacons, pixels (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as you navigate through and interact with a website. For example, web beacons are tiny graphics with unique identifiers that are used to understand browsing activity. UTM codes are strings that can appear in a URL when you move from one web page or website to another. The string can represent information about your browsing, such as which advertisement, page, or publisher sent you to the receiving website.


What Cookies and Similar Technologies Are in Use and Why Do We Use Them?

            Google Tag Manager. We may use Google Tag Manager, which allows marketed website tags to be managed using an interface. The tool itself (which implements the tags) does not use cookies and does not register identifiable data. The tool causes other tags to be activated which may, for their part, register personal data under certain circumstances. Google Tag Manager does not access this information.  Google Tag Manager is subject to the Google Privacy Policy located at

            Other Third-Party Technologies

Some third parties may use data collection technologies to collect information about you when you browse the Internet. We do not control these third parties’ technologies or how they may be used. If you have questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

Choices About Cookies

Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being stored. These settings may affect your enjoyment of the Site’s functionality. Adjusting the cookie settings may not fully delete all of the cookies that have already been created. To delete them, you should review your web browser settings after you have changed your cookie settings. The links below provide additional information about how to disable cookies or manage the cookie settings:

Google Chrome:


Microsoft Edge:  

Safari:                 and

For more information about how to modify your browser settings to block or filter cookies, visit You may learn more about internet advertising practices and related consumer resources at,, and



When we are acting as the data controller or where permitted by applicable law, we may share your personal information in the following contexts


We will keep your information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to operate our business, and to enforce our agreements.

We may delete your information if we believe it is incomplete, inaccurate, or that our continued storage of it is contrary to our objectives or legal obligations. When we delete data, it will be removed from our active servers and databases, but it may remain in our archives when it is not practical or possible to delete it.

We may retain and use anonymous, de-identified, or aggregated information for as long as is permitted under applicable law.


We have adopted security measures that are designed to protect the personal information under our control. From time to time, we review our security procedures and consider new technologies and methods.

But, no security system is perfect, and no data transmission is 100% secure. Although we strive to protect personal information, we cannot guarantee or warrant the security of any information transmitted to or from the Site. Your use of the Site is at your own risk. We cannot guarantee that your data will remain secure in all circumstances.

If a data breach compromises your personal information, we will notify you and any applicable regulator when we are required to do so by applicable law.


Please use the “Contact Us” details at the end of this Policy to exercise your rights and choices under this Policy.

Email Preferences. If you no longer wish to receive communications from us via email, you may opt-out by clicking the “unsubscribe” link at the bottom of our emails or by contacting us via the “Contact Us” details at the end of this Policy and providing your name and email address so that we may identify you in the opt-out process. Once we receive your instruction, we will promptly take corrective action. Please note that registered users cannot opt out of receiving transactional e-mails related to their account.

Accuracy and Updating Your Personal Information. Our goal is to keep your personal information accurate, current, and complete. If any of the personal information you have provided to us changes, please update it in your user/account profile, or let us know via the “Contact Us” details at the end of this Policy. We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Complaints. If you believe that your rights relating to your personal information have been violated, you may lodge a complaint with us by contacting us via the “Contact Us” details at the end of this Policy.

Nevada Residents. Nevada residents may submit a verified request to us at to request that we not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. Please provide your name and contact information in your request, and we will respond to your request in accordance with Nevada law.

California Shine the Light. Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. At present, we do not share your personal information with third parties for those third parties’ direct marketing purposes. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by contacting us at


This Policy does not apply to any third-party websites or applications. The Site may contain links to, and media or other content from, third parties. These links are to external resources and third parties that have their own privacy policies. Because of the dynamic media capabilities of the Site, it may not be clear which links are to external, third-party resources. If you click on a third-party link, you will be redirected away from the Site. You can check the URL to confirm whether you have left the Site.

We cannot and do not (1) guarantee the adequacy of the privacy or security practices employed by or the content and media provided by any third parties or their websites, (2) control third parties’ independent collection or use or your information, or (3) endorse any third-party information, products, services or websites that may be reached through embedded links on the Site.

Any information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use.


Our Site, products, and services are not directed to children under the age of 13, nor is information knowingly collected from children under the age of 13. No one under the age of 13 may access, browse, or use the Site or provide any information to us. If we learn that we have collected or received personal information from a child under the age of 13 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we have any received information from a child under the age of 13, please contact us using the “Contact Us” details provided below.

For more information about COPPA, please visit the Federal Trade Commission’s website at:


We may add to, change, update, or modify this Policy from time to time. We will post all changes to this Policy on this page, and the updated policy will be effective immediately upon posting. If we make material changes, we will also notify you through a notice on the homepage of the Site for a reasonable period of time. We may also, in our discretion, notify you of changes to this Policy via email.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so that you are aware of its current terms. Your continued use of the Site after the “Last Updated” date will constitute your acceptance of and agreement to any changes and to our collection and sharing of your information according to the then-current Policy. If you do not agree with this Policy and our practices, you should not use the Site.


If you have any questions or concerns, wish to exercise your rights, or want to submit a complaint, please contact us using the information below, and we will do our best to assist you.

In Writing:    GEMMS Inc.

2429 Military Rd, Suite 300

Niagara Falls, NY 14304

By Email:

Telephone: 1-800-773-3111

Privacy Policy

Last Updated: December 2023



At GEMMS we care about your privacy and believe in transparency. That’s why we are committed to being upfront about our privacy practices. We only collect personal information necessary to deliver our services and we handle it carefully and sensibly.

This Policy explains our privacy practices for (we’ll refer to it as the “Site”) and our company (“GEMMS,” together with “we,” “us,” and “our”). We’ll refer to the Site and our other services as the “Services.” This Privacy Policy describes why and how we collect and use the personal information of our customers and website visitors. It also describes your options to choose how we use your personal data and how to contact us with any concerns and requests in relation to such. GEMMS is a Harris Healthcare company and is the data controller of the personal data that we collect from you.

If you have any questions, comments or concerns about any aspect of our Privacy Policy, please contact us using the details set out in the “Further questions and contacts” section at the end of this Privacy Policy.

Below you will find information about the following:

  1. Information Collection
  2. How We Use Collected Information
  3. Links to Other websites
  4. Purpose of Data Processing
  5. Cookies, Beacons, Tags, Pixels
  6. How We Share Personal Information and Who We Share it With
  7. International Transfers
  8. Security Measures
  9. Accessing and Updating Personal Information
  10. Your Rights
  11. Age Restrictions
  12. California Privacy
  13. Changes to the Privacy Policy
  14. Further Questions and Contacts

Information Collection

When you access and browse the Site (including when you submit personal information to us through data entry fields on the website), we will collect the following from you:

Information you provide:

  1. Contact information—we receive and store any information you enter on our Site. Our Site uses forms to collect your personal information including your name, address, telephone number, and email address so you can request information, get support and use our services.
    Surveys and promotions—we may, from time to time, offer webinars, surveys and opinion polls and ask you to provide information about your experience and feedback for our services. Information requested for entry may include personal contact information such as your name, email, address, phone number, etc. Participation is entirely voluntary and it’s up to you whether you choose to disclose any information or not.

Information we receive from your use of our website or from third parties:

  1. Automated information—when you visit our website, we receive and collect information which may, in certain circumstances, constitute personal information including your IP address, referral URL, exit URL, browser software, operating system, date/time, and/or clickstream data.
  2. Website analytics tools—we use analytics services by third parties to collect information about the use of this Site, such as number of visits, pages visited, popularity of certain content. Analytics tools use tracking technologies (like cookies) to recognize your device and compile information about you. They collect information such as what pages you visit and how much time you spend on these pages, the IP address assigned to you, what operating system and web browser you use, and what site you visited prior to visiting our website.
  3. Other information—we also receive and store any information that you provide on our Site, including email, telephone, and/or any other type of communication with our team or related to the provisioning of our products and services. Whenever you contact us, we will record the ticket or call to ensure we have an accurate record of all communication, which is needed to provide our services and to support any action taken by our team as a result in the event of a dispute over our response.

How We Use Collected Information

Information you provide:

We collect, store and use the information you provide for the following reasons:

  1. Contact information—to contact you regarding product and service information, functionality changes to our products and our Site, and—where you have opted in to receive such information—other/new services, and/or special offers/newsletters we think you might find useful, we use email, telephone, and/or text message, as well as to inform you about service improvements or new products in accordance with our Terms of Service and applicable law.
  2. Surveys and promotions—we may, where you have opted in to receive such communication, and unless prohibited by law, use your information provided via our surveys and Promotions to send you details about our services or offers.

Information we receive from your use of our services or from third parties:

We collect, store and use the information that we receive from your use of our services or third-party services for the following reasons:

  1. Automated information—to administer our Site and services. This is not linked to any personally identifiable information, except if necessary to prevent fraud or abuse on our Site and systems.
  2. Analytics tools—to improve services on our Site.
  3. Information logs—for diagnosing problems, administering our Site and resolving issues.
  4. Other information—to have an accurate record of any inquiries in case of a dispute and to identify certain characteristics that could help us optimize and improve our products and services.

Links to Other Websites

Our Site includes links to other websites whose privacy practices may differ from those of GEMMS. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Purposes of Data Processing

When you access or use our Services, we collect, use, and otherwise process your information as set out in this Policy. We are committed to your privacy and follow a few fundamental principles when we process personal data.

  1. We strive to collect only the minimum personal data that we need to deliver any Services to you.
  2. We aim for full transparency on how we use your information to comply with legal or other lawful purposes, and respect your privacy.
  3. We use your information only for the purpose(s) which you grant or have granted consent.

We rely on a number of legal bases to use your information, as set out in this Policy:

  1. Contract—the use of your information is necessary to perform any contractual obligations in order to provide any Services to you or to administer any Promotions you enter into.
  2. Legal obligations—our use of your personal information is necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. For example, if we are requested to disclose your personal information to regulatory bodies or law enforcement authorities; or to use your personal information for tax calculations.
  3. Our legitimate interests—necessary for the purposes of our legitimate interests, such as to:
    1. run, grow, develop and deliver our services;
    2. detect and prevent fraudulent activities;
    3. enhance the security of our network and information systems;
    4. better understand how people interact with our website;
    5. determine the effectiveness of our promotional campaigns and advertising; and
    6. enhance, modify, personalize or otherwise improve our services and communications for the benefit of our customers, prospective customers and partners.
  4. Consent—we rely on your consent for us to use your personal information to send you marketing information (such as our newsletters and promotional offers) by email, SMS, or telephone. You may withdraw your consent at any time following the unsubscribe instructions included in our emails, or contacting us using the details set out in the “Further questions and contacts” section of this Privacy Policy.

Cookies, Beacons, Tags

We use Cookies to collect some of the information set out in this Policy. A cookie is a small piece of data sent from a website and stored in the web browser on your computer, mobile or other handheld device, while you are browsing a website.

Our Site uses cookies to identify you. Cookies can store personalization or website tracking. They can also be used for technical purposes so that we can offer improved and more personalized services, products and/or other relevant communication tailored to you.

Our Site includes marketing cookies provided by third parties. This allows these parties to collect the information that you have visited our Site and were interested in certain offers. We also use beacons, tags, and click tracking codes to analyze trends and movements of users around the Site, gather information about our user base as a whole and how we can improve our service and Site, and to measure advertising effectiveness.

You can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited.

How We Share Personal Information and With Whom We Share It

All personal information collected by GEMMS is treated as confidential. We disclose entire or part of your data in the limited circumstances described below and with appropriate safeguards on your privacy:

  1. If we are required by law—we will disclose information about you in response to a subpoena, court order, or other legitimate governmental request.
  2. Our Harris CareTracker group companies, subsidiaries, employees, and independent contractors—we will disclose information about you to our Harris Healthcare group companies, subsidiaries, business partners, external consultants, auditors, collaborators or other third parties, some of our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our services. We require all of them to comply strictly with this Privacy Policy.
  3. Third-party vendors—We will only share information about you that is necessary for the third-party vendor to provide the requested service. These companies will process the provided data under instructions of GEMMS and in compliance with this Privacy Policy. We do not authorize vendors to retain, share, store or use your personally identifiable information for any secondary purposes.
  4. To protect rights and property—We will share account and personal information with companies, organizations or individuals when we believe in good-faith that access, use, preservation or disclosure of the information is necessary to meet any applicable law, comply with regulation, legal process or enforceable request; to enforce or apply our Terms of Service and other agreements; to investigate potential violations; to protect against harm to the rights, property or safety of GEMMS, our users or the public as required or permitted by law. To the extent we are legally permitted to do so, we will take all reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.
  5. With Your Consent – with your explicit consent or at your direction we may share and disclose information you have authorized us to with third parties. We will not, however, sell, rent, share or otherwise disclose personally identifiable information for commercial purposes in any way that is contrary to the commitments made in this Privacy Policy. We will take all reasonable steps to notify you as to when and what information might go to third parties, and you will be able to choose whether to share it or not.

Security Measures

We use Secure Sockets Layer (SSL) software to encrypt the information you enter on our Site in order to protect its security during transmission to and from our Site.

We maintain electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures require us in some cases to request proof of identity before disclosing personal information to you.

Although we take all these measures to maintain the safety and security of your personal information, please note that no transmission over the Internet can ever be guaranteed to be secure. Consequently, please note that we cannot fully guarantee the security of any personal information that you transfer over the Internet to us.

Accessing and Updating Personal Information

Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. When you use the Site, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not for legitimate business purposes. When requests come to GEMMS with regard to personal information, we ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. Information collected on our website will only be retained for as long as necessary to fulfill the purpose for which it was collected. We retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. We will respond to these requests within a reasonable timeframe.


Your Rights

If you need further assistance, you can contact us using the details in the “Further Questions and Contacts” section of this policy to request any of the following:

  1. confirm whether or not personal data about you is being processed;
  2. provide you with further details about how we process your personal data;
  3. provide you with a copy of any data which we hold about you;
  4. withdraw your consent to using your personal information, where we rely on your consent as a legal basis to justify using your personal data;
  5. consider any valid objection to the processing of your personal information (including the right to object to processing on grounds related to your particular situation where we are relying on our legitimate interests as a legal basis for processing);
  6. request to update or delete personal data which we hold about you;
  7. restrict the way that we process your personal data;
  8. consider any valid request to transfer your personal data to a third-party provider of services (data portability); and
  9. we will consider all those requests. However, certain personal information may be exempt from those requests in certain circumstances, which include a need to keep processing information for our legitimate interests or to comply with a legal obligation. If such an exception applies, we will notify you when responding to your request. Please note that we may ask you to provide us with information necessary to confirm your identity before responding.

Age Restrictions

In accordance with GEMMS Terms of Service, we do not sell products, provide services or collect information from any individual under the age of 13. If you are under the age of 13, you are not allowed to use the Site and you must request your parent or guardian to use the Site instead. Should you have an evidence that someone under the age of 13 has bought services and provided their personal information to us, please contact us using the details set out in the “Further Questions and Contacts” section below.

California Privacy and California Consumer Privacy Act (CCPA)

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by GEMMS or its subsidiaries to a third party for the third party’s direct marketing purposes. To make such a request, please contact us using the details set out in the “Further Questions and Contacts” section at the end of this Privacy Policy.

GEMMS complies with the California Online Privacy Protection Act of 2014 and the California Consumer Privacy Act (CCPA). GEMMS does not sell personal information and has not sold personal information nor shared personal information for commercial purposes in the preceding 12 months.

The types of information we collect (and have collected in the previous 12 months) include:

– Contact Information, such as your name, address, email, telephone number, and other contact details. We typically collect this information (and have collected in the previous 12 months) in order to respond to your requests made through the website about our services, including requests for resources or other content, such as webinars, case studies, and white papers.

– User Account Information, such as your contact information, other identifying information, username, and other registration information necessary to establish and maintain your account profile. You may edit or update your user account information at any time.

– Business Contact Information, such as contact information, job title, job role, and other personal information in order to respond to your requests and provide content you have requested for yourself or on behalf of your organization.

Changes to the Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post the updates to this Privacy Policy here and on any other place we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

 Further Questions and Contacts

If you have any questions regarding this Privacy Policy, if you wish to exercise any of your rights in relation to your personal information, or if you want to object to the collection or processing of your data by GEMMS, whether entirely or partially, please contact us at or 866-382-5932.