Privacy Policy

This Privacy Policy (“Policy”) applies to users of the GemSpace platform (“Platform” or “GemSpace”) operated by Marketspace Solutions OU (“us”, “we”, or “our”), a company incorporated under the laws of the Republic of Estonia with its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-301, 10152. This Policy describes the terms and conditions regarding the processing of your personal data, provides you with information about your rights, and explains how, why, and when we process your personal data.

Please read this Policy carefully. This Policy is an information notice: it explains how we process your personal data and does not require your acceptance. Where a particular processing operation requires your consent, we ask for it separately, and you may withdraw it at any time.

This Privacy Policy applies to all versions of the GemSpace platform, including the web version, the mobile applications for Android and iOS devices, and any other interfaces or versions through which GemSpace services are provided.

This Policy is based on the principles established by the Regulation (EU) 2016/679 of the European Parliament and of the Council (the General Data Protection Regulation or the GDPR) and other applicable data protection laws.

In this Policy:

• “You” or “User” refers to individuals who register for or use the Platform.
• “Data” refers to any information you provide during registration and use of the Platform. This data, or any combination thereof, may constitute your personal data under the laws of certain territories and countries. When we refer to personal data, we mean any information relating to an identified or identifiable natural person. This excludes any data that has been anonymized or depersonalized to the extent that an individual cannot be identified or recovered.
• “Processing” means any operation or set of operations performed on your Data, whether or not by automated means, such as collection, storage, organization, structuring, alteration, retrieval, consultation, use, disclosure, dissemination, or any other form of access, as well as alignment, combination, restriction, erasure, or destruction.

We process your personal data in accordance with this Policy and applicable data protection laws. If you have any questions or concerns regarding this Policy or our data processing practices, please contact us at the details provided on the Platform.

1. Who We Are

Marketspace Solutions OU is a company duly incorporated under the laws of the Republic of Estonia, with its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-301, 10152.

If you have any questions regarding this Privacy Policy or if you wish to exercise any of your rights concerning your personal data, please contact us at supportservice@gemspace.com.

With respect to your personal data, we act as the data controller. This means we determine the purposes and means of processing your personal data and bear the responsibility for it under applicable law. As the data controller, we are committed to providing you with detailed information about the data we hold and to responding to any inquiries or requests related to this Privacy Policy.

2. Legal Basis for Processing Your Personal Data

Gem Space processes your personal data in compliance with applicable data protection laws, including the GDPR. We ensure that every processing activity is based on a valid legal basis, which may include one or more of the following:

1. Legitimate Interests:

   In many cases, we process your data on the basis of our legitimate interests. This includes ensuring the security, functionality, and improvement of the Gem Space Platform. Before proceeding with such processing, we conduct a balancing test to ensure that our interests are not overridden by your rights and freedoms. Legitimate interests may cover activities such as fraud prevention, system maintenance, and performance analysis.

2. User Consent:

   For certain types of data processing, particularly when handling sensitive data or processing data for purposes that are not strictly necessary for the provision of our services, we obtain your explicit consent. This includes, for example, marketing communications or enabling additional features that require extra personal data. You have the right to withdraw your consent at any time, and doing so will not affect the lawfulness of processing carried out before your withdrawal.

3. Contractual Necessity:

   When processing is necessary for the performance of a contract to which you are a party, such as managing your account or processing transactions, we rely on this legal basis. The processing activities in this context are limited to what is required to fulfill the terms of the contract.

4. Legal Obligations:

   In certain circumstances, we process your data in order to comply with our legal obligations, such as record-keeping, responding to regulatory requests, or fulfilling tax and financial reporting requirements. In these instances, the processing is strictly limited to the extent necessary to meet those obligations.

Where we rely on our legitimate interests, the interests we pursue are in particular:

1. Provision and Enhancement of Services:
   To develop, maintain, and continuously improve the functionality and security of the GemSpace platform, ensuring that you receive efficient, innovative, and high-quality services.
2. Fraud Prevention and Security Assurance:
   To detect, prevent, and address any fraudulent activities or security threats that may affect the platform, our users, or any other stakeholders.
3. Helping You Get Started:
   To send you tips and suggestions on using the features of the Platform, as described in Section 4.3.

Our processing of personal data is conducted in such a manner that our legitimate interests are not disproportionally overridden by your rights and freedoms under applicable data protection laws.

3. What Personal Data We Use

3.1. Basic Account Information

When you register for and use a GemSpace account, you provide a minimal set of data necessary for identification and interaction with other users. This may include your mobile phone number, username, profile picture, and other details that you choose to display in your profile. These details are used for:

1. User Identification: Ensuring secure access to our services.
2. Facilitating Communication: Helping you connect and interact with other users on the platform.
3. Profile Customization: Allowing you to set up a public profile that other users can recognize, without requiring additional personal details unless you voluntarily provide them.

3.2. You may choose to voluntarily provide additional data, such as:

1. Birthdate: Adding your birthdate to your profile may be used to verify age restrictions for certain content. You control who can see this information.

3.3. Email Address

When you enable additional security features (for example, two-factor authentication or account recovery), you may be asked to provide an email address. This email address is used exclusively for:

1. Account Recovery: Sending a password recovery code if you lose access.
2. Alternative Login Options: Facilitating login via third-party services (such as "Sign in with Google" or "Sign in with Apple").

The email address provided for authentication purposes is stored separately and used only for sending recovery or authentication codes. It will be retained until you update it or delete your account.

3.4. Messaging, Public Content

3.4.1. Chats

All messages, photos, videos, and documents sent via our messaging service (“Chats”) are stored on GemSpace servers. This storage mechanism enables you to access your data seamlessly from any device, providing enhanced convenience and continuity of service. GemSpace employs industry-standard security measures and advanced encryption protocols during both data transit and storage. However, please be aware that, unlike end-to-end encryption, our Chats do not preclude the possibility of data access in response to legitimate legal requests or in the event of a security incident. By using our platform, you acknowledge and accept that the protection of your communications is subject to these technical and legal constraints, and GemSpace shall not be held liable for any unauthorized access or disclosure arising from circumstances beyond our reasonable control.

3.4.2. Public Chats and Channels

Content posted in public chats or channels is stored on our servers and is, by design, accessible to all users of the platform. Publicly shared information is subject to standard encryption during transit and storage; however, once posted publicly, such content is inherently available to any member of the GemSpace community. Users are solely responsible for the content they choose to share in public areas. GemSpace expressly disclaims any liability for the public dissemination of user-generated content and reserves the right to remove or moderate any content that violates our terms of use or applicable laws, without incurring any liability for such actions.

3.5. Phone Number and Contacts

Your mobile phone number is used as a unique identifier for your GemSpace account, facilitating a smooth transition from other messaging platforms and helping you maintain your network of contacts.

With your consent, we may synchronize your contacts to:

1. Notify you when your contacts join GemSpace.
2. Display the names of your contacts in notifications and within the application interface.

Only the minimal necessary data (phone numbers and names) is stored to support this functionality. You may disable contact synchronization or delete your synchronized contacts at any time via the settings.

3.6. Location Data

If you share your location within a chat, GemSpace treats that data with the same security measures as other types of messages.

3.7. Cookies

For users accessing GemSpace via the web, we use only those cookies that are essential for the operation and enhancement of our services. These cookies help us:

1. Ensure the proper functioning of the platform.
2. Remember your login session and interface settings.

We do not use cookies for profiling or advertising purposes. You may control or block cookies through your browser settings; however, please note that disabling these cookies may affect your ability to log in to GemSpace Web and could limit certain functionalities.

3.8. Device, Usage and Notification Data

When you use the Platform, we also process technical and usage data generated by your device and your activity: the type and model of your device, the operating system and application version, the interface language, the IP address and time of login, the push notification token assigned to your device by Apple or Google, your notification settings, and events in your account (for example, that you have completed registration, sent your first message, enabled contact synchronization, shared or accepted an invite link, the number of unread chats and the date of your last session).

We use this data to operate the Platform, deliver messages and calls, keep your account secure (Section 4.2) and select the notifications we send you (Section 4.3). Account events are used only for these purposes and are not combined with the content of your messages. We do not take decisions based solely on automated processing that produce legal or similarly significant effects on you.

The push notification token is stored for as long as notifications for the Platform are enabled on your device and is deleted when you disable them, log out on that device or delete your account. Account events used to select notifications are kept only for as long as needed to send the relevant notification and are thereafter retained in aggregated form for service analytics.

4. How We Use Information

We use the information we collect from you - subject to your preferences and applicable law - to operate, maintain, and improve the services provided by GemSpace. Specifically, your information is used in the following ways:

4.1. Providing and Enhancing Our Services

1. Service Operation:
   We rely on your information to deliver and manage our services, including processing transactions, managing your account, and providing customer support.
2. Service Improvement:
   Your usage data helps us understand how users interact with GemSpace, allowing us to optimize performance, troubleshoot issues, and develop new features to enhance your experience.
3. Customization:
   Information about your interactions with the platform enables us to tailor our services to better meet your needs and preferences.

4.2. Safety, Security, and Integrity

1. Account Verification and Activity Monitoring:
   We use your information to verify account authenticity, monitor activity, and detect any suspicious behavior, ensuring that the platform remains secure.
2. Prevention of Abuse:
   Your data is instrumental in identifying and combating harmful conduct, including spam and fraudulent activities, thereby protecting all users.
3. Policy Enforcement:
   We may use your information to investigate and address potential violations of our Terms and Policies, ensuring that GemSpace remains a safe and reliable environment for everyone.

4.3. Communications and Notifications

1. Service Updates:
   We use your information to notify you about changes to our services, updates to our Terms and Policies, and other important account-related information. We also notify you about events in your account, such as new unread messages or a contact who has joined the Platform via your invite link; these notifications are part of the service we provide to you (Article 6(1)(b) GDPR).
2. Tips and Suggestions:
   On the basis of our legitimate interest in helping you get started and make use of the Platform (Article 6(1)(f) GDPR), we may send you push notifications and in-app messages with tips - for example, a reminder to enable contact synchronization or to send your first message. Tips are selected using the account events described in Section 3.8; they are not advertising and contain no third-party offers. You can turn tips off at any time in the Platform's notification settings ("Tips & suggestions") and turn off all push notifications in your device settings; your choice is applied on our servers so that no further tips are sent to you.
3. Marketing and Promotional Communications:
   Only with your separate consent, which you can give and withdraw at any time in your account settings, we may send you information about GemSpace services, offers and related offerings of our authorized partners (Article 6(1)(a) GDPR). Withdrawing consent does not affect your access to the Platform.

4.4. No Third-Party Banner Ads

Ad-Free Commitment:
GemSpace is dedicated to providing an uninterrupted user experience. We do not display third-party banner ads on our services and have no plans to introduce them. Should this policy change, we will update this Privacy Policy to reflect any new practices.

5. Data Storage and International Transfers

5.1. Cloud Infrastructure:

We use third-party cloud infrastructure providers, including Google Cloud, to host and process personal data on our behalf. Such providers process personal data only as necessary to provide infrastructure and related services to us and are subject to appropriate contractual and technical safeguards.

5.2. International Transfers:

Depending on the location of our users, service providers, and infrastructure, personal data may be transferred to and processed in countries outside the European Economic Area (EEA).

Where required by applicable data protection law, we rely on an adequacy decision, Standard Contractual Clauses, or another lawful transfer mechanism and implement appropriate safeguards for such transfers.

5.3. Our Responsibility:

Marketspace Solutions OU remains responsible for determining the purposes and means of processing personal data for which it acts as controller. We select and manage our service providers in accordance with applicable data protection requirements.

6. Who Your Personal Data May Be Shared With

6.1. Other GemSpace Users

Your personal data may be shared with other users of our Services with whom you choose to communicate or exchange information. Such users may be located both within and outside the European Economic Area (EEA). By using GemSpace and engaging in communication with other users, you instruct us to transfer certain personal data on your behalf. While we implement appropriate technical and organizational measures to protect your data during transmission (including standard encryption methods), please be aware that once you share information with other users, you may lose control over its further distribution. GemSpace is not responsible for any additional sharing or processing of that data by third parties without your knowledge or consent.

6.2. GemSpace Group Companies

To provide, improve, and support our Services, we may share your personal data with our affiliated group companies.  

6.3. Law Enforcement Authorities

In the event that GemSpace receives a valid legal request or order from competent judicial or law enforcement authorities - particularly in cases where there is a reasonable suspicion that your account is involved in criminal activities or violations of our Terms of Service - we may conduct a legal review of the request and, if required, disclose your personal data (such as your IP address and registered phone number) to the relevant authorities. Any such disclosures will be documented.

6.4. Translation of Chats at the Request of the User

GemSpace may offer a translation feature to convert your text messages into your preferred language. When you choose to use this feature, the following process takes place:

Data Transferred:

Only the content of the message you wish to translate is transmitted to the designated third-party service provider (for example, Google LLC or its affiliates). No additional personal data (such as your IP address, account details, or metadata) is shared during this process.

Legal Basis and User Consent:

The transfer of data for translation is based on your explicit consent when you activate the translation feature. By choosing to translate a message, you acknowledge and agree to the processing of the text solely for this purpose.

Protection Mechanisms and Contractual Guarantees:

The third-party provider is contractually obligated to use the transmitted data exclusively for providing the translation service. Standard contractual clauses or equivalent legal safeguards are in place to ensure that the data is protected in accordance with GDPR requirements. The provider implements robust technical and organizational measures, such as encryption during transit and strict access controls, to prevent unauthorized access or disclosure of your data.

Transparency:

GemSpace ensures that you are fully informed about this data transfer. The translation service will only process data necessary for generating the translation, and you can review our Privacy Policy or contact us at supportservice@gemspace.com for further details about the safeguards in place.

6.5. Transcription of Voice and Video Messages at the Request of the User

For your convenience, GemSpace may offer a transcription service for voice and video messages. If you elect to use this feature, the following provisions apply:

Data Transferred:

The audio content of your voice or video message will be sent to a third-party service provider (for example, Google LLC or its affiliates) solely for the purpose of generating a text transcript. Only the audio data strictly necessary for transcription is shared. No additional personal data, such as your IP address, account details, or location data, is transmitted.

Legal Basis and User Consent:

The transmission of audio data for transcription is conducted based on your explicit consent. By opting to use the transcription service, you confirm that you understand and agree to the processing of your audio data for the creation of a transcript.

Protection Mechanisms and Contractual Guarantees:

Under our contractual agreement with the third-party provider, they are legally bound to process the audio data only for the transcription service and to refrain from logging, storing, or using the audio or resulting transcript for any other purposes, including targeted advertising.

The agreement incorporates standard contractual clauses or other legally approved safeguards to ensure that the data is handled in compliance with GDPR requirements.

The provider employs industry-standard security measures, such as encryption in transit and at rest, and strict access controls to safeguard your data from unauthorized access or misuse.

Cost Coverage and Transparency:

GemSpace covers any associated costs for the transcription service, and you will be clearly informed about this process when you opt in. Detailed information regarding how your data is processed during transcription is available upon request or can be reviewed in our Privacy Policy.

7. Your Rights Regarding the Personal Data You Provide to Us

7.1. Your Rights

Under applicable data protection laws, you are entitled, in certain circumstances, to exercise rights in relation to the personal data we hold about you. These rights include the right to:

1. Access Your Data:
   Request a complete copy of the personal data we maintain about you and, if desired, receive that information in a portable format for transfer to another data controller.
2. Data Correction and Update:
   Request the correction of any inaccurate or incomplete personal data we hold about you.
3. Data Deletion:
   Request the deletion of your personal data (subject to the limitations described in Section 8 below).
4. Restrict or Object to Processing:
   Request that we restrict or, in certain circumstances, cease the processing of your personal data.
5. Lodge a Complaint:
   File a complaint with the relevant national data protection authority if you believe that our processing of your personal data infringes applicable data protection laws.

7.2. Exercising Your Rights

If you wish to exercise any of these rights, please contact us using the details provided herein. We will assess your request in accordance with applicable law and respond within the legally required timeframe.

7.3. Data Settings

GemSpace provides you with control over how your personal data is used. For example, you can manage settings such as contact synchronization, privacy options, and other preferences directly through the GemSpace mobile application by navigating to Settings > Privacy & Security > Data Settings.

8. Termination

You have the right to terminate your relationship with GemSpace at any time. Termination of your use of our Services will result in the deletion of your account and the associated personal data, subject to the conditions outlined below.

8.1. How to Terminate Your Account

To permanently delete your account and remove your personal data from our systems, you must complete the account deletion process by navigating to Settings > Account > Delete Account within the GemSpace application. Please note that simply uninstalling the application or discontinuing use of the web version does not automatically delete your account.

8.2. Impact on Your Privacy Rights

By terminating your account, you acknowledge that GemSpace will cease further processing of your personal data except where required to retain certain information for legal, regulatory, or administrative purposes. Any data retained for such purposes will continue to be protected in accordance with this Privacy Policy and applicable law.

8.3. Data Retention and Deletion Policy

In addition to the provisions above, the following data retention and deletion practices apply upon termination of your account:

8.3.1. Retention Periods:

1. Active Data: Personal data associated with your active account will be maintained until you initiate the deletion process.
2. Post-Deletion Retention: After you request account deletion, data will be removed from active systems within 30 days. However, residual copies in backups may be retained for up to 60 days before being permanently purged.
3. Legal and Regulatory Requirements: Certain categories of data (e.g., transactional or financial records) may be retained for a longer period, up to 7 years or as required by applicable laws, regulations, or contractual obligations.

8.3.2. Deletion Criteria and Process:

1. Service Termination: When you terminate your account, personal data that is no longer necessary for the purposes for which it was collected will be deleted or irreversibly anonymized.
2. Automated Review: Our systems periodically review stored data and automatically initiate deletion or anonymization processes based on the established retention schedules.
3. Legal Hold: In instances where data must be retained to comply with legal, regulatory, or administrative requirements, such data will be securely stored and will not be used for any other purpose.

9. Your Rights Under GDPR for EU Users

As an EU user, you have specific rights under the General Data Protection Regulation (GDPR) regarding the personal data we process. These rights are designed to give you greater control over your information and ensure that your data is handled in a transparent and secure manner. In particular, you have the right to:

1. Access Your Data:
   You have the right to request a complete copy of all personal data we hold about you, along with details regarding the purposes of processing, the categories of data processed, the recipients to whom the data has been or will be disclosed, the planned retention period, and the source of the data (if it was not provided by you).
2. Rectification:
   If you believe that any of the personal data we hold about you is inaccurate or incomplete, you have the right to request that we correct or update your information.
3. Erasure ("Right to be Forgotten"):
   You have the right to request the deletion of your personal data when, under certain conditions, the data is no longer necessary for the purposes for which it was collected, or if you withdraw your consent and there is no other legal basis for processing it. Please note that this right is subject to applicable legal obligations which may require us to retain certain data.
4. Restriction of Processing:
   Under specific circumstances, you have the right to request that we limit the processing of your personal data. This means that while we may continue to store your data, we will not process it further until the restriction is lifted.
5. Data Portability:
   You have the right to receive your personal data in a structured, commonly used, and machine-readable format. Furthermore, you have the right to transmit this data to another data controller where technically feasible.
6. Objection to Processing:
   You have the right to object, at any time, to the processing of your personal data for direct marketing purposes, as well as for processing based on our legitimate interests. In such cases, we will cease processing your data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms.
7. Withdrawal of Consent:
   If our processing of your personal data is based on your consent, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
8. Right to Lodge a Complaint:
   If you believe that our processing of your personal data violates your rights under the GDPR, you have the right to file a complaint with a supervisory authority in the EU.

Exercising Your Rights

To exercise any of these rights, please contact us using the details provided below:

Contact Information:
Email: supportservice@gemspace.com
Address: Marketspace Solutions OU, Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-301, 10152, Republic of Estonia

Upon receiving your request, we will review it and respond within the timeframes required by applicable data protection laws.

10. Contact Information

If you have any questions, concerns, or inquiries regarding this Policy, the Platform, or any related matters, you may contact us using the following details:

General Inquiries & Support

For general questions, technical issues, or support-related inquiries, please contact our support team at:
Email: supportservice@gemspace.com

Legal & Regulatory Matters

For legal inquiries, compliance matters, or official requests from regulatory authorities, please direct your correspondence to:
Email: supportservice@gemspace.com

Business & Partnership Inquiries

For business collaborations, partnership opportunities, or media-related inquiries, please reach out to us at:
Email: supportservice@gemspace.com

DSA Compliance & Content Moderation

For inquiries related to the Digital Services Act (DSA), content moderation, or reporting of illegal content, please contact:
Email: supportservice@gemspace.com

Registered Office Address

Marketspace Solutions OU
Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-301, 10152
Republic of Estonia

Please note that our support team primarily operates via email. We do not guarantee response times for inquiries sent by postal mail, and we may not process physical correspondence unless required by law. For urgent support matters, we recommend using our email channels to receive a timely response.

This Privacy Policy was last modified on 29 September 2026.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our processing activities, the Platform, applicable law, or regulatory requirements.

We will publish the updated version on the Platform and update the “Last modified” date.

Where required by applicable law, we will provide additional notice of material changes or obtain your consent where consent is required.

Your continued use of the Platform does not by itself constitute consent to processing where consent is required by applicable law.