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Privacy Policy

Privacy Policy

Privacy Policy

Generation Genius takes student privacy and security very seriously. As described in more detail below, the company has stringent policies and procedures in place to protect Personally Identifiable Information (PII) and to prevent data breaches, including the use of industry-standard encryption and other technical security measures. The subscription services offered by Generation Genius DO NOT require student users to provide ANY PII. Our service is designed to be subscribed to by adults so students should not enter any PII when using the site. If student PII is discovered in our system we will delete it within 24 hours of discovering it.

This privacy policy applies to users of the generationgenius.com website (the “GG Website”) and to users of the password-protected online subscription services located at GG Website (the “Subscription Services” and together with the GG Website, the “Services”) controlled by Generation Genius, Inc. This privacy policy does not pertain to information that is collected offline. BY USING THE SERVICES, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. IF YOUR USE OF THE SUBSCRIPTION SERVICES IS SUBJECT TO AN AGREEMENT WITH TERMS THAT CONFLICT WITH THOSE IN THIS PRIVACY POLICY, THE TERMS IN YOUR APPLICABLE AGREEMENT SHALL APPLY SOLELY TO THE EXTENT OF SUCH CONFLICT.

A. Information Collected

We potentially collect two types of information from visitors to the Services: (1) Personally Identifiable Information; and (2) Non-Personally Identifiable Information, such as your IP address or cookies.

(1) Personally Identifiable Information:

Personally Identifiable Information” is information that identifies you personally, such as your name, address, email address, or school name. Generation Genius collects and stores the personally identifiable information that users have provided to us. Here are some examples of manners in which we may collect information on the Services:

• For non-student users, we may collect your email address and name if you sign up for a newsletter or contact us.
• We may collect your name and email address if you provide it in connection with your account registration.

(2) Non-Personally Identifiable Information

“Non-Personally Identifiable Information” can be technical information. Non-personally identifiable information does NOT identify you personally. Here are some examples of the non-personally identifiable information that is collected via the Services and a description of how this information is used:

• Internet Protocol (IP) address, which lets computers attached to the Internet know where to send you data.
• Cookie: A “cookie” is a small text file with information about your site activity on the Services.

B. Use of Information Collected Via the Services

Personally Identifiable Information:

• To deliver services you services, such as login to the service.
• To alert you to Service enhancements and news from Generation Genius;
• To complete a transaction or service requested by you;
• To notify you about a material change to this privacy policy or Terms of Use, if necessary;

Non-Personally Identifiable Information:

Non-personally identifiable information is used as described above and in other ways as permitted by applicable laws, including combining non-personally identifiable information with personally identifiable information. When combined, we treat the combined information as personally identifiable information for the purposes of this policy.

Data Retention:

Data is retained only for education purposes.

C. Sharing and Disclosure of Information

(1) Personally Identifiable Information: We may share or disclose your personally identifiable information in the following instances:

(i) To fulfill a service to you. For example, if you subscribe to the Subscription Services, we may share your personally identifiable information with you in order to administer or maintain your subscription. In addition, if you email us a question, we may use your email address to process your request and respond to your question.

(ii) To the service providers that help us maintain our Services and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, sending customer communications on Generation Genius’s behalf). We seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any purpose other than to provide the administrative services for which they are responsible.

(iii) To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of Generation Genius and the Services, or act in urgent circumstances to protect the personal safety of our end users.

(iv) To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.

(v) To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

(vi) Except as described in this privacy policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your personally identifiable information to any third parties.

(2) Non-Personally Identifiable Information

We use non-personally identifiable information collected on the Services in the manner disclosed above in the Sections A(2) and B(2).

D. Collection and Use of Information from Children under the Age of 13

(1) Collection of Personally Identifiable Information from Children: Generation Genius does not request ANY personally identifying information from a child.  For students using the Subscription Services, no personally identifiable information is needed.

(2) Non-Personally Identifiable Information: We collect and store the non-personally identifiable information that is described in Sections A(2) and B(2) of this privacy policy. We do not, however, link this information to personally identifiable information when it is collected from children.

(3) Note to Parents and Legal Guardians: Please contact Generation Genius at any time regarding privacy questions or concerns.

Generation Genius
1679 South Dupont Highway, Ste 100
Dover, DE 19901
Phone: 866-936-5564
Email: support [at] generationgenius.com

E. International Visitors

Our servers and data centers are located in the United States. If you choose to use the Services from outside the U.S., then you should know that you are transferring your Personal Information outside of your region and into the U.S. for storage and processing. By providing your Personal Information to us through your use of the Service, you agree to that transfer, storage, and processing in the U.S.

F. Opt-Out

We communicate with users who subscribe to our services on a regular basis via email. For example, we may use your email address to confirm your request, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. We provide you the opportunity to exercise an opt-out choice if you do not want to receive communication from us, such as our product update emails. The opt-out choice may be exercised by clicking a link below the email or by contacting us. We will process your “unsubscribe” request as soon as possible.

G. Third Party Web Services

This statement applies solely to information collected on the Services. The Services may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites.

H. Accessing Your Personally Identifiable Information and Privacy Preferences

We provide you with an opportunity to access your personally identifiable information to ensure it is correct, accurate and current. To edit your personally identifiable information, please contact our customer service representatives at 1-866-936-5564. To be removed from our mailing list, please contact support [at] generationgenius.com.

I. Assignment

In the event that all or part of our assets or sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Services.

J. Changes to this Privacy Policy

We reserve the right to change this privacy policy from time to time. When we do, we will also revise the “last update” date at the bottom of this privacy policy. For changes to this privacy policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change either by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Services.

K. Security

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to Generation Genius is done at your own risk.

Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.

If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using these Services or providing personally identifiable information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of these Services. We may post a notice on our Services if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

N. Age Screening

If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen, we will delete the information from our records as soon as we discover it.

O. Contacting Generation Genius

If you have any questions about this privacy policy or our privacy practices, please contact us at support [at] generationgenius.com. Unless you are a user of the Subscription Services that is subject to an agreement with Generation Genius that expressly addresses Dispute Resolution, Choice of Law, and/or Choice of Forum, the following Sections P, Q, and/or R apply to you, as applicable.

P. Dispute Resolution

In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the Services, other than disputes related to or involving Generation Genius’s intellectual property or Generation Genius’s licensed intellectual or proprietary rights, you and Generation Genius mutually agree to the following dispute resolution procedure:

1. The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.
2. If the parties are unable to resolve the dispute through informal negotiation, you and Generation Genius agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the Los Angeles, CA area and shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE SITES, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, Generation Genius will pay all filing, JAMS, and arbitrator’s fees and expenses.
3. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action, and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.

Q. Choice of Law

This privacy policy has been made in and shall be construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles.

The parties acknowledge that this Policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Policy shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

R. Choice of Forum

By using the Generation Genius website and services, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in California.

YOUR CALIFORNIA DO NOT TRACK DISCLOSURES AND PRIVACY RIGHTS

Generation Genius does not support Do Not Track browser settings and does not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personally Identifiable Information or Non Personally Identifiable Information. Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding Generation Genius’s disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us:

Generation Genius, Inc.
1679 South Dupont Highway, Ste 100
Dover, DE 19901
Phone: 866-936-5564
Email: support [at] generationgenius.com

Effective as of 11/17/2020

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