Genesis Digital values privacy – ours and yours. To help maintain your privacy and the security of your personal information, we communicate this and all of our privacy policies to Genesis Digital employees and agents, and we internally enforce privacy safeguards. Most recently we have implemented our GDPR compliance efforts with respect to our customers in the EU and were fully compliant not later than May 25th 2018, the GDPR implementation date.
OUR COLLECTION AND USE OF INFORMATION:
Genesis Digital may collect information in a number of ways from users who access our Sites or services. We collect personal and non-personal information in various ways. You may provide your information to us to receive a product, service, or communication from us; we may request your information to better serve you; or we may require your information in order to be able complete a transaction (e.g. a purchase) or provide access (e.g. to a paid service).
A. Collection of Personal Information
Personal information (or “Personally Identifiable Information” or “PII”) is information and data that can be used to specifically identify or contact a single person.
Personal information we collect
Examples of some types of personal information Genesis Digital may collect in connection with the Sites and how we may use it include the following:
When you purchase, register, or login to use software, products, or services, request support, download a software update, register for a webinar, live workshop, or training, provide feedback on a software product, or participate in a promotion, contest or online survey, or respond to an advertisement, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and/or social media credentials. Genesis Digital does not directly collect credit card numbers in connection with the EverWebinar, WebinarJam, or on the websites provided in connection therewith. Payments for those products/services are made through other means or sites and thus we do not collect or store credit card numbers in connection with any of those products/services that this Policy applies to. We may collect credit card information in connection with your use of KARTRA shopping cart services.
If you use the EverWebinar or WebinarJam family of software/services, or the KARTRA shopping cart, we may collect information required to provide the services in connection with such service including PII such as your name, email address, IP address and current location. We may also collect certain personally identifying financial information (“PIFI”) in connection with the KARTRA shopping cart. Such PIFI may include your credit card number (or a portion thereof), the expiration date for the credit card, bank information such as your bank’s name, routing number, and/or your account information. This information in some cases may only be stored temporarily, or transiently, e.g. during a particular secure session between your computer and a Genesis Digital server.
We may also ask for certain information only in circumstances where required by law. For example, if you are using the KARTRA shopping cart, where we are required when setting up certain financial accounts to obtain e.g. your Social Security number (SSN), then we will ask for it. As above, such information may only be stored transiently, during a secure session.
How we use your personal information
Optional Communications: The personal information we collect allows us to provide you with Genesis Digital’s latest product announcements, helpful tips and information, special offers, software updates, and upcoming events. If you don’t want to receive these communications, or do not wish to be on our mailing list, you can opt out of receiving them. Each communication will provide opt-out directions, and you can also generally opt-out via your account dashboard if you are a registered user, client, or customer. The information in connection with these optional communications and your responses help us to improve our products, services, content, and advertising.
We also use personal information to help us develop, deliver, improve, and customize our software, products, services, content, and advertising and to provide a better user experience for every user of our software, products, and services.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Genesis Digital’s software, products, services, communications, support and/or help functions, and user interfaces.
If you enter into a promotion such as a contest, a giveaway, a one-time or special offer, or similar promotion, we may use the information you provide to administer those programs.
If we become involved in a legal process as a result of your actions on the Sites, or in connection with any software, products, or services offered via the Sites, we may be required to disclose your PII or PIFI to a government authority, or a third party who e.g., issues a subpoena that require us to provide it. Our response(s) to any such legal process will be handled on a case-by-case basis following the advice of our attorneys.
CONSENT: Genesis Digital will continue to respect and value privacy in the age of GDPR regulations. To the extent commercially practicable, and in accordance with legal or regulatory requirements we obtain your clear, informed consent before collecting your personal data. We will also always work to balance obtaining clear consent with providing useful and powerful platforms and convenient and graceful user interfaces.
B. Collection of Non-Personal Information
How we collect and use your non-personal information
We may collect, use, transfer, and disclose non-personal information for any purpose.
The following are some examples of non-personal information that we collect and how we may use it:
We may collect non-personal information (e.g. demographic information) regarding our customers collectively including information such as age, gender, occupation, preferred language, zip code, area code, geographic location, or the time zone from which customers access the Sites, products, or services. Such non-personal information is used so that we can better understand who our customers are, and their behavior generally with regards the Sites, and to improve our software, products, services, communications, support, help, user experiences, and advertising for our customers.
We also may collect non-personal information regarding customer activities on the Sites or use of the Genesis Digital software, products, and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of the Sites, or our software, products, and services are of most interest or which can be improved. Non-personal support or help request data may be used to improve our software or the Sites, communications, and user interfaces, or to allow us to provide additional product or service offerings to our present or future customers.
We may collect non-personal information regarding the digital footprints of our customers with respect to accessing the Sites, or any related software, products, or services including mobile and non-mobile access, specific types of devices being used, unique device IDs, type of browser(s) being used, networks that our customers use, and other non-personal information. This information may be used to improve the Sites, software, products, or services including but not limited to their performance, functionality, design, or responsiveness.
C. Cookies and Other Technologies
Genesis Digital also uses specific technologies in connection with certain communications such as emails that may be used to track actions by recipients. For example, these communications may include one or more clickable text or graphics that include URLs that link to content on the Sites. However, these URLs, may pass through a web server that tracks the click before arriving at the linked content on the Sites. The tracked data can help Genesis Digital determine the effectiveness of our communications to users and customers, or to gage interest in specific topics. If you prefer not to have your responses to such communications tracked in this manner, do not click links in the email messages. Such communications may also include pixel tags that can tell us whether e.g. an email has been opened. We may use this information to throttle the number of messages sent to users or customers, or to remove people who do not read or interact with our communications from one or more lists.
Cookies and other technologies can generally be controlled on your devices. If you want to disable cookies and you should review your privacy or security settings. Please note that certain features of the Sites or related software, products, or services may not be available if you have cookies disabled on your device. We will typically try to warn you that a page or feature you are trying to reach will not function without cookies enabled. If you have your cookies on your device or browser disabled and are having difficulties you may wish to enable them to see if the problem is resolved.
D. Log Files
As part of standard protocols, Genesis Digital’s servers automatically gather certain information and store it in log files. This information may include date/time stamp of access, Internet Protocol (IP) address(es), device type, operating system, browser and version, language, log-in details, Internet Service Provider (ISP), referring page, exit page, and other data.
E. Social Media
Genesis Digital may collect certain information from you if you interact with us via social media such as Facebook, Twitter, LinkedIn, Google+, Pinterest, Snapchat, Instagram, and other such services. For example, you may be given the option to register for webinars, take advantage of special offers, receive mailings, newsletters or the like, via your social media account. The information we receive or collect from such social media, and our ability to collect it, may depend on the social media site, its policies, and its requirements or its technology. We may collect the information you provide from these social media interactions and may use it for various purposes to improve our services or your experience, or to contact you regarding the reason you connected with us or with additional offers in the future. Of course, you have the opportunity to opt-out at any time provided we do not require a means of contacting you to fulfill your request.
Protecting children's privacy is important to Genesis Digital. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. Therefore we restrict our website use to persons eighteen years or older. Therefore, we do not knowingly collect personal information from children under 18. If we learn that Genesis Digital has inadvertently collected or received the personal information of a child under 18 we will take steps to delete the information.
[PLEASE NOTE: You must be 18 or older to use the Sites, and to purchase the software, products, or services offered via the Sites without an adult (parent or guardian).]
DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED VIA THIS WEBSITE FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IT IS NOT MONITORED AS DOING SO.
Notwithstanding the foregoing, if we discover or form a reasonable belief that we have received any information from a child under 18 in violation of this policy, we will delete that information. If you believe Genesis Digital has any information from a child under age 18, please contact us at the following address: via Mail: Genesis Digital, LLC 7660 Fay Ave #H184, La Jolla, CA 92037
via email: firstname.lastname@example.org
DISCLOSURE TO THIRD PARTIES
At times Genesis Digital may make certain personal information available to strategic partners that work with us to provide software, products and services, or that help us service our customers. Personal information will only be shared by Genesis Digital to provide or improve the Sites, and our software, products, services, and advertising.
A. Service Providers
To provide its various products or services, Genesis Digital works with third party providers, who may be located wherever Genesis Digital operates, or in any other location. Such companies provide services to Genesis Digital. Examples may include information processing, emailing services, server hosting, transaction processing and banking services, video hosting, product/service delivery, communications, managing and enhancing customer data, providing technical support and/or customer service, and conducting customer research or satisfaction surveys. At any given time, Genesis Digital may work with one or more such provider. We will only provide personal information to these companies where required for them to provide their services, or to improve our products or services for our customers. These companies are contractually obligated to protect your information.
Genesis Digital will not share PII with third parties for their marketing purposes. In some cases, Genesis Digital may be required by legal process to disclose your personal information. Such disclosure may be compelled by applicable law, regulation, judicial order, and/or lawful requests from local authorities. Genesis Digital may also disclose information about you if we determine, in our sole discretion, that disclosure is necessary or appropriate to ensure the safety of any individual(s), or for purposes of national security, law enforcement, or other issues of public importance.
If the Sites and/or software, products, or services, or Genesis Digital LLC becomes the subject of a reorganization under the bankruptcy law, a merger, a sale, or other change in control, any and all personal information in Genesis Digital’s control will be transferred to the trustee, debtor in possession, successor, acquirer, or such other third party as will control Genesis Digital, the Sites, and/or software, products, or services thereafter.
We reserve the right to disclose personal information if we reasonably believe that disclosure is necessary to protect our users, customers, or the public, prevent fraud or financial wrongdoing, or in any action to enforce our End User License Agreement, Terms and Conditions, or other policies regarding Genesis Digital.
DISCLOSURE and USE: Genesis Digital will let users know to whom we are disclosing personal information, and how it is being used. Of course, you should already know that we only use personal information to provide the services that you want. We are in the business of providing industry-leading software platforms and will continue to do just that.
PERSONAL INFORMATION PROTECTION
Genesis Digital uses commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access of personal information to our employees, contractors, and/or agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Genesis Digital and its third party providers use Secure Sockets Layer (SSL) encryption on all web pages where personal information, including financial information is transmitted.
You are solely responsible for any personal information you choose to submit on non-secure sites including but not limited any discussion forums or public comment threads on the Sites, or any social media sites, groups, or threads related to the Sites or the related software, products, or services.
ACCESS TO YOUR PERSONAL INFORMATION
Genesis Digital software customers should periodically log in to review your name, contact information and other readily available personal information, and to ensure they are accurate, complete, and up to date. You can make changes to your information. Changes to your personal details and particulars should be made through the software. KARTRA users should verify that their financial information in their account is accurate, complete, and up to date, particular checking the accuracy of any changes you make.
You can request access to any personal information we have for you. We will make a good faith effort to provide you with access to reasonably accessible information. You can request that we correct the data if it is inaccurate or delete your personal data. Genesis Digital will comply with such requests if they are reasonable and we will delete your data if Genesis Digital is not required to retain it by law, and does not require it for legitimate business purposes. We may reserve the right to refuse deletion requests that we believe require undue time, or technical effort, or where not provided by local law. We also reserve the right to deny or delay requests where the personal information is scheduled to be deleted as part of any upcoming purge of data that is not being retained. Requests for access, correction, or deletion can be submitted to email@example.com.
The RIGHT to KNOW and the RIGHT to BE FORGOTTEN: The GDPR gives you these rights and Genesis Digital has worked to provide state of the art tools to enable every user to know what we know, and to ask us to ‘forget’ them. Of course, we think it would be foolish since you would no longer be able to use our amazing software platforms, but the GDPR gives you that right as well.
Links to Third-Party Sites
EUROPEAN UNION USERS: THE GDPR
On or before May 25th, 2018 Genesis Digital will be a fully compliant Processor of Personal Data under the GDPR. If you have any questions about your ability to use our software platforms in the EU or with regard to your EU customer’s data, feel free to contact our Data Protection Officer, Richelo Killian [firstname.lastname@example.org] to discuss, or request a copy of our Data Processing Addendum to our EULA.
You can also see our general statements regarding the GDPR and our compliance here:
Notice of Compliance to California Residents – Your California Privacy Rights Under The California Online Privacy Protection Act and the California Business and Professions Code
Genesis Digital does not maintain an online process for an individual consumer who uses or visits our commercial website or online service to review and request changes to any of his or her personally identifiable information that is collected through our website or online service.
For the purposes of this policy and California compliance the following definitions apply:
Depending on your activity on our website or online service, the following "personally identifiable information" may be collected, in addition to what is in prior sections of this document.
The term "personally identifiable information" means individually identifiable information about an individual consumer collected online via the Sites from an individual and maintained by us in an accessible form and may include any of the following:
A first and last name;
A home or other physical address, including street name and name of a city or town;
An e-mail address;
A telephone number;
Any other identifier that permits the physical or online contacting of a specific individual; and
Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to email@example.com and please include the phrase "California Privacy Request" in the subject line, the domain name of the website you are inquiring about, along with your name, address and e-mail address. We will respond to you within thirty (30) days of receiving such a request.
"Cookies" and How We Use Them
Public Areas & Social Media: Any information you disclose in any public areas of our website or the Internet, including via social media becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.