General Terms and Conditions

1.gem-affiliates.com Responsibilities as Data Controller

We act as the data controller for all personal data collected through:

• Our affiliate registration and account management systems;
• The tracking technologies provided by us (including pixels, cookies, or custom links);

Performance data and reports related to referred traffic and user activity.

Our commitments include:

• Legal Basis for Processing: We only process personal data where a valid legal basis exists, such as consent, contractual necessity, or legitimate interest.
  
• User Transparency: We maintain an up-to-date Privacy Policy explaining what data we collect, how it’s used, and how individuals can exercise their rights.
  
• Security Measures: We implement safeguards to prevent data misuse, breaches, or unauthorized access, including encrypted storage and limited access controls.
  
• Third-Party Processors: All service providers working on our behalf must comply with applicable data-protection regulations.
  
• Responding to Data Subject Requests: We respond promptly to user requests regarding their personal data (e.g., access, erasure, objection).

Breach Notification: We will notify relevant authorities and affected parties of any data breach in accordance with legal timelines.

2. Affiliate Obligations Regarding Data Privacy

Affiliates working with gem-affiliates.com agree to uphold high standards of data protection when collecting, storing, or using personal data as part of their marketing activities.

Affiliates are responsible for the following:

a. User Consent

• Obtain explicit, opt-in consent before collecting user data for marketing, referral, or analytics purposes.
• Keep accurate records of when and how consent was obtained.

b. Respect Restrictions

• Do not market to users who are underage, self-excluded, or located in restricted regions.
• Avoid any messaging that is misleading, exploitative, or encourages irresponsible gambling behavior.

c. Tracking and Cookies

• Only use tracking tools (cookies, pixels, links) authorized by gem-affiliates.com.
• If your website or traffic sources use cookies, ensure appropriate disclosures and consent mechanisms are in place.

d. Secure Data Handling

• Personal data must be stored securely, protected from unauthorized access or misuse.
• Any unnecessary or outdated data must be anonymized or deleted.

e. Compliance with User Requests

• Affiliates must immediately forward any data subject request (e.g., access, deletion) relating to referred users to GEM.
• Provide any necessary assistance in responding within legal timeframes.

f. No Unauthorized Sharing

• Do not share or sell user data acquired through the platform without GEM’s written approval.

g. Email & SMS Campaigns

• Use only GDPR- or LGPD-compliant email lists.
• Always include sender identification and a working unsubscribe option.
• Avoid spam-like behavior or mass outreach without clear consent.

h. Third-Party Vendors

• Affiliates using external systems (e.g., CRMs, email tools) must ensure those vendors are also compliant with GDPR/LGPD.