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 PII but to the extent a student user chooses to do so, that information is used solely to enable the student user to access and utilize the functionality of the subscription services provided by Generation Genius.
A. Information Collected
(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 you have provided to us. Here are some examples of manners in which we may collect your personally identifiable information on the Services:
• For non-student users, we may collect your email address, name, and zip code if you sign up for a newsletter or contact us with a question.
• We may collect your first and last name and email address if you choose to provide it in connection with your account registration.
• We may collect your email address and other information from your public profile if you interact with our social media pages.
• We may conduct or sponsor special contests, sweepstakes, and other promotions that users may enter or otherwise participate in on our Services. If users participate in any such sweepstakes or other promotion, we will collect Personal Information provided to us in connection with entry.
The above list provides examples of the personally identifiable information that may be collected when using the Services. If you do not want Generation Genius to collect your personally identifiable information, please do not provide it to us.
(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: Your IP address is a number that lets computers attached to the Internet know where to send you data.
• Cookie: A “cookie” is a small text file that may be used to collect information about your activity on the Services.
• Web Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”): “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Services.
B. Use of Information Collected Via the Services
• Personally Identifiable Information: We use your personally identifiable information that is collected on the Services primarily for the following purposes:
• To deliver services you request, license or purchase, such as educational programs, information, newsletters or software;
• For non-student users of the Subscription Services who have not opted-out from receiving such information and for other users of the Services who have provided contact information through the GG Website or otherwise, to alert you to Service enhancements, new content, professional development opportunities, special events, educational programs and news from Generation Genius;
• To complete a transaction or service requested by you;
• To ensure the Services are relevant to your needs;
• To help us create and publish content most relevant to you;
• To allow you access to limited-entry areas of the Services; and
• To contact you in response to sign up forms such as Contact Us or Order Inquiry.
(1) 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.
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 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) For non-student users of the Subscription Services who opt-in to receive such information, to affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personally identifiable information for research, administrative and/or internal business purposes. These parties may use your personally identifiable information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personally identifiable information in this manner, please do not opt-in to receive this information.
(iii) To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Services and provide other administrative services to us (including,
but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on Generation Genius’s behalf, and other promotions to those non-student users who opt-in). 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.
(iv) 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.
(v) 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.
(vi) 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.
(vii) To protect against potential fraud, we may verify with third parties the information collected from these Services. In the course of such verification, we may receive personally identifiable information about you from such services.
(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). We may share this non-personal information with third parties.
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.
(3) Note to Parents and Legal Guardians: Please contact Generation Genius at any time regarding privacy questions or concerns.
1679 South Dupont Highway, Ste 100
Dover, DE 19901
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. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.
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. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.
However, we provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as our regular monthly email newsletter or information from us about new services and products offered by us if you have previously chosen to receive such information. The opt-out choice may be exercised by ticking or un-ticking the appropriate box (if such checkbox is available at the points where personally identifiable information is collected) or by contacting us. We will process your “unsubscribe” request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.
G. Forums, Chat Rooms and Other Public Posting Areas
Please note that any information you include in a message you post to any chat room, forum or other public posting area may be available to anyone with Internet access. If you do not want people to know your e-mail address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
H. 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.
I. 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 or if you would prefer that we do not share your information with third parties please contact support [at] generationgenius.com. If for any reason you are not able to update or edit your personally identifiable information at this page, you can access such information by contacting us as described below. We will make reasonable efforts to accommodate your request.
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.
We will also notify the applicable schools if we change the kinds of information that we collect from children and materially alter our practices of sharing and using this information. We will not collect, use or share the information without appropriate consent.
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 other than in a legally permissible situation, we will delete the information from our records as soon as we discover it.
O. Contacting Generation Genius
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
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
Email: support [at] generationgenius.com
Effective as of 03/16/2018