Last revised: August 30, 2018
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.
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 firstname.lastname@example.org. 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.
5. Disclosure of Personal Information
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 email@example.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 firstname.lastname@example.org 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
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.
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
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 email@example.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
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 firstname.lastname@example.org. 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 email@example.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.
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