Livegenic Privacy Policy

Last revised: August 30, 2018


1. About this Privacy Policy

Thank you for using Livegenic and visiting our website or downloading our mobile application. Your privacy is important to us, and we have adopted this Privacy Policy to memorialize our data collection and disclosure practices for our life video demonstration network and its related tools and service, including our mobile application, our online platform software, and any web pages we control on any third party websites (collectively, the “Services”). The Service is owned and operated by Livegenic Inc., a Delaware corporation (“Livegenic,” “we,” “us” or “our”). This Privacy Policy applies to anyone using or browsing our Service, and to information provided to us via the Service by visitors, customers or users of the Service (“users,” “you” or “your”). We encourage you to read this Privacy Policy carefully before using the Service or transacting business with us. By using the Service, you are accepting the practices described in this Privacy Policy, and the collection, use and transfer of your information as described herein.

If you have questions about any of our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.


2. Consent

Livegenic takes privacy seriously. As a provider of state of the art video streaming services, we are committed to establishing and maintaining policies and procedures which protect the privacy of personal information gathered from our customers and other end users of our Services. Our users include individuals who use the service, on behalf of themselves or on behalf of a third party client, to record, broadcast, transmit and upload videos and other content through use of the Services (“Demonstrators,” and each, a “Demonstrator”); individuals who are authorized to view such Demonstrator content (the “Demonstrator Content”, and such users, the “Viewers, and each, a “Viewer”); and such other users as may use the Services from time to time. By using or registering with any part of our Services, you consent to this Privacy Policy. If you do not agree with any provisions of this Privacy Policy, you may not use our website, mobile application, platform software or any other part of the Services.

Please be aware that your information may be transferred to, stored and processed in the United States and other countries where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our Services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy, and you specifically consent to the transfer of your information to the United States.


3. Collection of Information

Livegenic collects many kinds of information in order to operate effectively and provide you the best products, services and experiences we can. We collect information when you register, sign in and use our Services, including without limitation our website and mobile app. We collect this information in a variety of ways, including from web forms, technologies like cookies, web logging and software on your computer or other device.

While, as noted, we collect Personal Information in connection with our Services and for purposes of performing our services, we do not collect any more information than reasonably needed to offer the Services. When we use the term “Personal Information” we mean information that can be used to identify an individual or is combined with individually identifiable information and may include your first and last name, by itself or combined with your email address, postal address, IP address, brand preferences, geolocation data, your Facebook, LinkedIn or other social media handles, unique device identifiers and other unique identifiers (such as login information), telephone number and video and other content produced, uploaded and/or broadcast by you through our Services. If you are a Viewer, we may collect your first or last name, email address, IP address, brand preferences, geolocation data, and unique device identifiers and other unique identifiers.

Any time you share a third party’s Personal Information with us (including, without limitation, any third party’s Personal Information contained within any videos or other Demonstrator Content you create or publish through the Services), you agree that you will have obtained all legally required consent from such third party to do so and for us to store and use such information through the Services as described in this Privacy Policy. For example, if you are a real estate agent using the Services to show apartments, houses and other properties on behalf of a property owner, you agree that you will obtain your client’s or principal’s consent before including any Personal Information about such client within the video, and any other consent required by any applicable federal, state, local or regional law, regulation or rule, and if your video contains any third party tenant testimonials, you will have obtained the tenant’s consent before you include any Personal Information about such tenant in your video. You also agree that the third party Personal Information you post is provided to us strictly for purposes of using our services and is limited to the Personal Information necessary for such purpose.

Livegenic, either directly or through its authorized third party service providers, also collects “Non-Personal Information” about you. “Non-Personal Information” means information that is not Personal Information, including, without limitation, aggregated and anonymized information derived from your Personal Information. This may include de-identified search results and information collected by cookies and similar technologies as described below.


4. Use of Personal Information

Livegenic uses Personal Information about users to assist us in setting up accounts; processing transactions you initiate (for example, any credit, debit or other billing account information collected from you by us or on our behalf by a third party payment gateway are generally only used to process purchase transactions authorized by you); providing customer service; providing newsletters and/or other communications or services which you have signed up for or otherwise agreed to receive; sending account- or transaction-related communications such as welcome letters and transaction confirmations; sending you emails or contacting you by telephone concerning new products and services and upcoming events; performing research and analysis aimed at improving our products, service and technologies; and managing our systems (for example, users’ names and email addresses are collected and used in the Services for purposes of managing the login authentication process, and to allow the application to send notifications to other users, such as an email notice notifying a Viewer that a video is available for viewing). Any geolocation data collected from your mobile device with your express opt-in consent will be used for the purpose of delivering customized services to you, such as offering special services available only to users in particular cities or regions, and for the purpose of allowing registered Demonstrators to find local users to invite to view videos; however, the foregoing use will be for the sole purpose of populating search results in response to queries entered by Demonstrators, and Demonstrators will not have direct access to your location and will not be able to view your location on a map. We may also use this information for internal purposes to help us diagnose problems, monitor traffic patterns and otherwise continually improve our Services. Subject to our obtaining from you any consent (or providing you any ability to refuse consent) as required by applicable laws and directives relating to privacy and electronic marketing, we may call you, including the use of automatic dialer systems to your land line or mobile telephones, send SMS or MMS messages to you, or contact you by any means described above. You may opt-out from these types of communications at any time by following the unsubscribe link located at the bottom of any commercial e-mail, SMS and MMS messages you receive from Livegenic, or by emailing us at privacy@livegenic.com. Please note, however, that even if you opt-out, we may still need to contact you to send you notices about your account or transactions with us where permitted by applicable law and privacy directives.

Livegenic also uses Non-Personal Information collected through cookies and other automatic information gathering technologies as described below in this Privacy Policy.


5. Disclosure of Personal Information

Livegenic will not disclose your information except as specifically described in this section. Subject to our obtaining from you any consent (or providing you any ability to refuse consent) as required by applicable laws and directives relating to online privacy and electronic marketing, we may disclose Personal Information and Non-Personal Information about you to agents, contractors, and service providers or others engaged to perform functions on our behalf, such as providing data storage, hosting our website, conducting audits and performing web analytics; or to market Livegenic products and services to you (for example, to send you messages concerning new Livegenic features, products or special offers). Any third party service providers with whom we share Personal Information are required to keep such Personal Information confidential and to use it only in a manner consistent with this Privacy Policy and not for their own marketing purposes. With your consent and/or at your request, we may also disclose Personal Information about you to other persons, such as your clients or other persons with whom you wish to share information via the Services. Finally, please note that any video (whether delivered via recording or live video stream) containing Personal Information may be available to any other individual user or member of the public to view, provided such individual has access to the appropriate link to the relevant content. While we make reasonable commercial efforts to require all Viewers to agree that they will use any links to videos which are provided to them by Demonstrators solely for their use and not to share with any other person, Livegenic cannot guarantee that all users will comply with such requirements.

We may also disclose Personal Information to third parties if we have a good-faith belief that such disclosure is reasonably necessary (a) to enforce or apply the terms and conditions of the Services, including investigations of potential violations thereof, (b) to comply with legal or regulatory requirements or a governmental request, (c) to protect the rights, property or safety of Livegenic, other users or other third parties, (d) to any law enforcement authority, such as a police department or regulatory authority in connection with an investigation, or (e) to detect, prevent or otherwise address fraud, security or technical problems that may arise. We may disclose Non-Personal Information to any third party for any reason in our sole discretion. Livegenic may also transfer any information in its possession (including your Personal Information and Non-Personal Information) to a third party in the event of a reorganization, spin-out, sale, merger, or transfer of some or all of the assets of Livegenic Inc., or in the unlikely event of a bankruptcy, liquidation or receivership of our business. If we are involved in a merger, acquisition or asset sale, or in the unlikely event of a bankruptcy, liquidation or receivership of our business, we will provide affected users notice through the Livegenic website at least thirty (30) days before your information becomes subject to a different Privacy Policy.


6. Accessing and Updating Personal Information

Generally, our platform software is configured to enable you to give you the means to access their own personal information for the purposes of deleting it and/or correcting it. In the alternative, you have a right to contact us to access certain personal records we hold about you. This is called a “subject access request”, which you can make by writing to privacy@livegenic.com. A fee may be payable by you if you make any requests that would require a disproportionate effort on our part, but we will not charge you until we have told you how much the fee is and what it is for, and you have told us you still want to proceed. We ask individuals contacting us about their Personal Information to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backups), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, unless responding to your request would require a disproportionate effort. If your Personal Information is protected by EU personal data protection laws, then your first request for access, correction or deletion of your Personal Information is free – See Special Note for EU Individuals below for additional information about the exercise your rights relating to your Personal Information.

Please e-mail us at privacy@livegenic.com or contact us at the address stated below with any questions if you need assistance accessing or changing your Personal Information or if you would like to have your Personal Information deleted from our servers. Please be aware that if you delete your Personal Information, you may not be able to continue to use our Services.

Generally, we will retain your information for as long as your account is active or as needed to provide you services. We may also retain and use your information as reasonably necessary to comply with our legal and audit obligations, resolve reported and potential disputes, enforce our agreements, and other legitimate business and legal purposes. Please note that if you ask us to delete your Personal Information, we may in our good-faith discretion, and to the extent permitted by applicable law and privacy directives, retain certain information for purposes of these requirements.


7. Cookies and Automatic Information Gathering Technologies

Non-Personal Information (including aggregate, technical or demographic information) can also be collected by us or by our authorized third-party service providers through the standard operation of our internet servers and logs as well as other automatic data collection tools such as “cookies” and other similar technologies. By using our website, mobile application or the Services, you consent to the placement and use of cookies and similar technologies on your hard drive or computing device. A “cookie” is a small text file that is recorded either temporarily or persistently on your hard drive and that a website operator can use in order to recognize visitors who revisit a website so as to facilitate their ongoing access to and use of the website. Information we may collect through cookies and other similar technologies includes your IP address, browser type, language preference, operating system, the name and type of device, the operating system of your device, the date and time of each user visit or request, and the Services endpoints that you accessed or visited during your use of the Services. These technologies do not collect and are not associated with Personal Information. We reserve the right to use aggregated and de-identified Non-Personal Information collected from our users through such automatic information gathering technologies for any reason in our sole discretion, including but not limited to performing statistical analysis of the aggregated information, including analysis about the behavior of visitors to our website on an aggregated, anonymous basis, or to share such information with third parties. We do not use cookies or other information gathering technologies to gather information from third parties whose information you submit to us through the Services unless they actually use our website or the Services themselves.

You may prevent our use of cookies to collect information about you by adjusting the option that is available in most web browsers to deny or accept cookies. Recognize, however, that cookies may be necessary in order to provide certain features such as the customized delivery of certain information. Users who disable their Web browsers’ ability to accept cookies will be able to use some parts of the Services but not others; e.g., they may browse our website, but in that case, they may not be able to successfully use the Services to the extent it depends on cookies for its proper functioning. We also may support cookies for allowing the user to automatically remember their login credentials to gain access to the Services.

Finally, Livegenic may use web beacons or other unique identifiers to allow it to determine which messages or elements of a media campaign generate responses. This allows Livegenic software to gauge the effectiveness of certain communications.

For additional information regarding our use of cookies and other unique identifiers, please consult our Cookie Policy


8. Children

We do not knowingly collect Personal Information from children less than 18 years of age. Nor do we authorize children less than 18 years of age to use the Services. If we learn that we have inadvertently collected Personal Information from a child under the age of 18, upon receipt of notice from the child or the child’s parent or legal guardian, we will delete that child’s Personal Information and/or disable such information from being viewed or accessed by any user or other third party.

9. Data Hosting and Information Security

Livegenic takes reasonable precautions to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. Livegenic limits access to personal information and data to those persons in Livegenic' organization, or agents of Livegenic, that have a specific business purpose for maintaining and processing such information and data. Individuals who have been granted access to Personal Information are made aware of their responsibilities to protect the security, confidentiality and integrity of that information. In addition, any information used by you to complete a financial transaction is transmitted using SSL encryption technology.

Unfortunately, however, no data transmission over the Internet and no method of data storage can be guaranteed to be secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information from unauthorized disclosure, we do not guarantee its security.


10. Your California Privacy Rights

A California resident who has provided personal information to a business with whom she or he has established a business relationship for personal, family, or household purposes (“California Customer”) is entitled to request information about whether the business has disclosed her or his Personal Information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its Privacy Policy) a policy of not disclosing customer’s Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information to third parties for direct marketing purposes and providing a cost free means to exercise that right.

Currently, we do not share your Personal Information with third parties for their own direct marketing purposes.

California Customers may request further information about our compliance with California’s privacy law by e-mailing privacy@livegenic.com or contacting us as stated below. Please note that we are only required to respond to one request per customer per year, and we are not required to respond to requests made by means other than through this e-mail address.


11. Third Party Websites; Message Boards, Social Media, and Other Online Forums

We have not reviewed, and cannot review, all of the material, including computer software and content posted by you and others, made available through any websites, webpages and applications to which the Services links or with which they are integrated (such as Facebook and LinkedIn), or that link to the. Please note that we are not responsible for the privacy policies, practices or the content of websites owned by others that you may link to or that may be linked from the Services. Accordingly, we encourage you to review the privacy policies and terms of service of any such websites so that you understand how those websites collect, use and share any Personal Information they may collect about you, and you agree that you are responsible for reading and abiding by any such privacy policies, terms of service and similar agreements.

When you choose to post comments, messages, instant and chat messages, and/or profile content on our Services, some of the content is viewable by other users and third parties and, in the case of public online forums, is publicly viewable. In addition, any member of the public with access to a link you provide to a video will have access to such video. Accordingly, you should exercise discretion with regard to what Personal Information you post on our Services (within videos, comments, and otherwise) and on third party websites, and you should not publicly post highly confidential, sensitive or embarrassing information. Livegenic is not responsible for how third parties who view your Personal Information and other information that you post or make available publicly through the Services or through other third party sites may use your information (such as to send you unsolicited messages).


12. Changes to this Policy

From time to time, we may desire to use customer information for new, unanticipated uses not previously disclosed in our Privacy Policy. Livegenic may modify or update this Privacy Policy from time to time with any such policy changes or any other changes deemed necessary or desirable in Livegenic’ sole discretion, by posting an updated Privacy Policy on the Services. If we make any material changes, we will notify our users by email (sent to the e-mail address specified in your account) or by means of a notice on the Services, prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. You can always check the “last updated” date at the top of this document to see when the Privacy Policy was last changed.

Your continued use of our website and/or Services following the effective date of an updated Privacy Policy constitutes your consent to the contents of such policy. However, we will not apply any material changes retroactively to any information we collected from you before such changes took effect, without your affirmative consent to do so. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICE AFTER THE EFFECTIVE DATE OF SUCH CHANGES. Please note that upon leaving the Services, any Privacy Policy in effect immediately prior to your departure shall continue to be binding on you and applicable to the data collected from you prior to such departure.


Special Note for EU Individuals

The legal bases for using your personal information. We collect, use, and share your personal information where we are satisfied that we have an appropriate legal basis to do this. This may be because:

  • Our use of your personal information is in our legitimate interest as a commercial organization (for example in order to make improvements to our products and services and to provide you with information you request); you have a right to object to processing as explained in the section below titled Your legal rights;
  • Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (for example where we use your name and contact information to make communicate with you in the performance of our services); and/or
  • Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to undertake vetting to comply with safety and security regulations or where we are required to disclose personal information to a court or tax authority).

If you would like to find out more about the legal bases on which we process personal information, please contact us using the details below.

Exercising Your Rights Regarding Your Personal Information. At any time, you can request access to your personal information, request that any inaccuracies be corrected or request that your details be removed. Please contact us at privacy@livegenic.com. Note that we are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or deference of legal claims.

  • Right to restrict the processing of your personal information:
    You have the right to restrict the use of your personal information when (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to the use of your personal information justified on your legitimate interests verification as to whether we have a compelling interest to continue to use your data.

    We can continue to use your personal information following a request for restriction, where (i) we have your consent; or (ii) to establish, exercise or defend legal claims; or (iii) to protect the rights of another natural or legal person.

    You may also have the right to withdraw consent at any time data processing, and you may lodge a complaint about processing of your personal data with a supervisory authority. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

  • Right to Make a Complaint.
    To make a complaint about how we handled your personal information, and other information regarding your rights. We commit to investigating and resolving complaints about our collection or use of your personal information. To make a complaint, please contact us at privacy@livegenic.com.

  • Right to data portability:
    To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.

Cross-border Transfer of Information.

We generally maintain servers and systems in the United States hosted by third party service providers. We also may subcontract the processing of your data to, or otherwise share your data with, other third parties in the United States or countries other than your country of residence. As a result, where the personal information that we collect through or in connection with our website is transferred to and processed in the United States or anywhere else outside the European Economic Area (EEA) for the purposes described above, we will take steps to ensure that the information receives the same level of protection as if it remained within the EEA, including entering into data transfer agreements, using the EU Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU - US Privacy Shield. You may have a right to details of the mechanisms under which your data is transferred outside the EEA.


Contact Us

To ask questions about our Privacy Policy, obtain more information, or lodge a complaint, please contact us using one of the following methods:

By Mail:
Livegenic Inc
601 WALNUT ST, SUITE 860W,
PHILADELPHIA, PA 19106

By Telephone:
(844) 548-3436

By E-Mail:
privacy@livegenic.com

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