GeniesTM Privacy Policy

Revised and effective: 19 November 2018

Thank you for using GeniesTM.  We are committed to protecting your privacy and, for that reason, we have adopted this Privacy Policy to explain our data collection, use, and disclosure practices for the Genies services (including the Genies website, and mobile and web-based applications, and any other related and products and services provided by Genies) (collectively, the “Services”).  The Services are owned and operated by Genies, Inc., a Delaware corporation (“we”, “us” or “our”).

Genies is a chat service, which enables you to chat with one or more other users.  By being part of a chat, you consent to any and all users that are added to that chat (whether by you or other members of that chat), collecting information from the chat and the participants in the chat and their devices, as further described in this Privacy Policy.  You acknowledge and agree that Genies has no control over the other chat participants’ collection, usage, and further disclosure of any information, including Personal Information (as defined below) that you decide to disclose during your use of the app.  Accordingly, you understand and assume the risks of revealing any Personal Information to other chat participants.
This Privacy Policy applies to information Genies collects through the Services, as well as other information provided to us online or offline by customers or users of the Services; however, it does not apply to information collected from our employees, contractors, or vendors.  As described above, it also does not apply to information that you share with third parties via the Services (including information you share via chats with one or more users).  You acknowledge and agree that Genies is not responsible for the data collection or use practices of any other Service user. 

This Privacy Policy describes, among other things:  

  • Personal and other information we collect about you;
  • How we use your information;
  • Rights that you may have if you are in the European Union; 
  • How we may share your information with third parties; and 
  • Your choices regarding the personal information we collect about you.

1. Consent

By accessing or using the Services and clicking “agree,” “accept,” or something equivalent, you consent to this Privacy Policy.  Information gathered through the Services may be transferred, used, and stored in the United States or in other countries where our service providers or we are located.  If you use the Services, you agree and consent to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Services are deemed to occur in the United States, where our servers are located.

    (a) European Union Residents
If you reside in a country in the European Economic Area or in Switzerland, then information we collect from you may be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”)), and the following additional information is provided for your benefit.

The controller of the personal data collected through the Services is:
Genies, Inc.
8605 Santa Monica Blvd #22702
West Hollywood CA 90069

If you use the Services, you acknowledge that your personal data is being processed pursuant to the lawful bases described below, and you specifically consent to your information gathered through the Services being transferred, used, and stored in the United States.  
The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country.  You may withdraw your consent at any time by following the instructions in the Accessing/Updating/Deleting Your Personal Information section below, but this will not affect the lawfulness of processing based on consent before its withdrawal.  However, as described below, Genies needs certain information in order to provide the Services to you.  You understand that, should you choose not to permit Genies to collect certain information, certain features and functions of the Services may not be available to you.  You have the right to file a complaint relating to the processing of personal data with a supervisory authority.

    (1) How We Process Your Information
Under European law, companies must have a legal basis to process data. You have particular rights available to you depending on which legal basis we use, and we've explained these below. You always have the right to request access to, rectification of, and erasure of your data under the GDPR. To exercise your rights, see the “Accessing/Updating/Deleting Your Personal Information” section of this Privacy Policy.

For all people who have legal capacity to enter into an enforceable contract, we process data as necessary to perform our contracts with you.  We describe the contractual services for which this data processing is necessary throughout this Privacy Policy and in our Terms of Service (the “Terms”).  The main uses of your data necessary to provide our contractual services are:

    • To provide, improve, customize, and support our Services;
    • To promote safety and security;
    • To transfer to, transmit to, store in, or process in the United States and other countries; and
    • To communicate with you, for example, on Service-related issues.

We'll use the data we have to provide these services; if you choose not to provide certain data, the quality of your experience using Genies may be impacted.
When we process data you provide to us as necessary to perform our contracts with you, you have the right to port it under the GDPR. To exercise your rights, see the “Accessing/Updating/Deleting Your Personal Information” section of this Privacy Policy.

The other legal bases we rely on in certain instances when processing your data are:
Your Consent:
    • Information you allow us to receive through the device-based settings when you enable them (such as access to your GPS location, camera, or photos), so we can provide the features and services described when you enable the settings.
    • Disclosures to certain third-parties, including third-party advertising partners, as described below in the “Disclosure of Your Information” section.

When we process data you provide to us based on your consent, you have the right to withdraw your consent at any time and to port that data you provide to us, under the GDPR. To exercise your rights, see the “Accessing/Updating/Deleting Your Personal Information” section of this Privacy Policy.
Our legitimate interests or the legitimate interests of a third party, where not outweighed by your interests or fundamental rights and freedoms ("legitimate interests"):
    • For providing measurement, analytics, and other business services. The legitimate interests we rely on for this processing are:
        ◦ To provide accurate and reliable reporting to businesses and other partners, to ensure accurate pricing and statistics on performance, and to demonstrate the value our partners realize using our Services; and
        ◦ In the interests of businesses and other partners to help them understand their customers and improve their businesses, validate our pricing models, and evaluate the effectiveness and distribution of their services and messages, and understand how people interact with them on our Services.
    • For providing marketing communications to you. The legitimate interests we rely on for this processing are:
        ◦ To promote Genies and conduct direct marketing.
    • For sharing information with others including law enforcement and to respond to legal requests.  The legitimate interests we rely on for this processing are:
        ◦ To prevent and address fraud, unauthorized use of Genies, violations of our terms and policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or products), our users or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm.
        ◦ For sharing information with Genies’ business partners and prospective business partners. The legitimate interests we rely on for this processing are:
            ▪  Genies’ operation of its day-to-day business, and ability to plan and execute strategic corporate transactions, including mergers

You have the right to object to, and seek restriction of, such processing; to exercise your rights, see the “Accessing/Updating/Deleting Your Personal Information” section of this Privacy Policy.

We will consider several factors when assessing an objection to our processing in furtherance of Genies’ legitimate interests, including: our users' reasonable expectations; the benefits and risks to you, us, other users, or third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort. Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
Compliance with a legal obligation:
    • For processing data when the law requires it, including, for example, if there is a valid legal request for certain data. 

2. Collection of Your Personal and Other Information

You need to provide, and Genies needs to collect, certain information, including certain Personal Information (as defined below), in order for Genies to operate, provide, improve, and support our Services.  When you register for, or use our Services, you provide certain Personal Information and we collect certain Personal Information and non-Personal Information, as described below. By “Personal Information” we mean information that can identify an individual.  

Personal Information that you need to provide to us so that we can provide the Services to you, and improve and support those Services, are: 

  • Your account information, including your name, email address, and phone number
  • Information contained in any image, photograph or profile you submit to us;
  • Your messages that you send via the app;
  • Information you provide to us when you contact Genies for customer support;  
  • Depending on whether you choose to use certain features of the Genies app, you’ll also need to provide us with access to certain features of your mobile device, including its camera, location services (GPS), microphone, and contacts, and information from those features, such as photographs, videos, your precise location, audio recordings, and contact information.  

Genies also needs to automatically collect the following Personal Information in order to provide the Services to you, and to monitor, support, and improve the Services:

  • Your Internet Protocol (IP address); 
  • Unique identifiers, meaning arbitrary codes or series of characters we create or are provided from a third party to identify unique users or devices;.  
  • Usage and log information, such as information about your account activities (log-ins, messaging activity, and other information about how you use the Services), diagnostic information, and performance logs and reports.  

Genies also may integrate with certain social media platforms, including Snapchat, Facebook Messenger, and Instagram.  When you connect a social media account to our Services, then we may collect information about that social media account and share information with that social media account as described in the connection process. This collected information may include, but is not limited to, your name, email address, demographic information from your profile, friend lists, postings or other content, and your profile picture.  You acknowledge and agree that Genies is not responsible for the data collection or use practices of any such connected social media platform.  You should read each social media platform’s privacy policy before connecting that social media account.

You may choose not to provide Personal Information or prevent the Services from accessing certain features of your mobile device (subject to the controls offered by your mobile device’s operating system), but this may prevent you from being able to fully use certain features and functions of the Services.

We also collect non-Personal Information relating to the Services, that is, information that does not personally identify any individual.  The non-Personal Information we collect includes how you interact with the Services, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Services.

Examples of the non-Personal Information we collect are:

  • Information about your mobile device, such as its maker or operating system version, and HTTP header information; 
  • The pages of our website that you viewed during a visit or the features of the Genies mobile app you use;
  • What information, content or advertisements you view or interact with using the Services; 
  • Language preferences; and
  • The city and state in which you are located (but not your precise geographic location); 

We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather non-Personal Information. 

Information collected by the Services may be collected by us or one of our service providers, but in either case, this Privacy Policy will govern the collection, use, and sharing of the information.

    (a) Accessing/Updating/Deleting Your Personal Information 
If you would like to delete, update, or access the Personal Information we have collected from you, and/or deactivate or delete your Genies account, you may do so by clicking on “Data Policy” under Settings within the Genies app, and clicking the link to send us an email describing your request.  Alternatively, you may send an email to privacy@genies.com.  Additionally, if your Personal Information is subject to the GDPR, you may have certain additional rights, including the right of restriction of processing of personal data, and the right to object to the processing of personal data.  Please send an email to privacy@genies.com for more information.

3. Use of Your Information

Based on Genies’ legitimate interests in providing, maintaining, and improving the Services, and in providing you with content that matches your preferences, we may use your Personal Information and non-Personal Information in order to:

  • Assist us in providing, maintaining, and protecting the Services;
  • Set up, maintain, and protect accounts to use the Services;
  • Improve our online operations;
  • Provide customer service;
  • Communicate with you, such as provide you with account- or transaction—related communications, or other newsletters, RSS feeds, and/or other communications relating to the Services;
  • Send or display offers and other content that is customized to your interests or preferences;
  • Perform research and analysis aimed at improving our products and services and developing new products or services; and 
  • Manage and maintain the systems that provide the Services.


When you’ve submitted Personal Information to us that includes your telephone number (which submission you understand and agree to constitute making an “inquiry” to us and our affiliated entities), you consent to allow us to contact you or allow our vendors to contact you via telephone for a limited period. You expressly consent to receive phone calls whether or not you are on the Do Not Call list (federal or state). By including your telephone number and/or email address in any submission, you are extending an express invitation and providing your express written consent to us and each vendor you have been matched with (i) to contact you by telephone at the numbers you have provided (including through auto-dialed, pre-recorded, artificial voice, and/or text messages) so we or they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list; and (ii) to contact you by email at any email address you provide. By submitting your Personal Information to us, you are providing your written and signed consent to receive telemarketing calls. You agree that Genies has obtained your consent to receive a prerecorded message sales call in a manner permitted by the Electronic Signatures In Global and National Commerce Act (E-SIGN Act).

4. Disclosure of Your Information

We may disclose your Personal Information to third parties as described below.   
We may disclose Personal Information to provide the Services, or when you give your consent for us to do so, or when we need to make such a disclosure in order to complete an action you wanted to perform, for example when you use the Services to post content or invite another user to chat with you, or when the disclosure is in furtherance of Genies’ legitimate interests, as described above in the “How we Process Your Information” section. The Services are a social experience, so you consent to Genies’ disclosure of your interactions with the Services to social media platforms, as described in Section 2, above.  We may also disclose your Personal Information, (as well as non-Personal Information, without the same restrictions that apply to your Personal Information) to the following companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our website, marketing of our products and services, conducting audits, and performing web analytics):  

Fabric Crashlytics – Crash reporting statistics on a user-by-user basis.  See https://try.crashlytics.com/terms/privacy-policy.pdf.  
Google – See https://policies.google.com/privacy.  
    • Google Analytics – Website visitor tracking information.  
    • Google App Engine – Cloud-hosting of applications.  
    • Google Firebase Analytics – User measurement. 
AWS – Cloud data storage and cloud-hosting of applications.  See https://aws.amazon.com/privacy/.  
Azure – Cloud data storage and cloud-hosting of applications.  See https://privacy.microsoft.com/en-US/privacystatement.  
DigitalOcean – Cloud data storage and cloud-hosting of applications.  See https://www.digitalocean.com/legal/privacy-policy/.  
Nexmo (Vonage) – SMS provider.  See https://www.vonage.com/privacy-policy.  
Twilio – SMS provider.  See https://www.twilio.com/legal/privacy. 

Based on Genies’ legitimate interests in complying with applicable laws and maintaining the safety, security, and integrity of Genies’ app and related resources, we may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues. 

Additionally, based on Genies’ legitimate interests in enabling strategic corporate transactions and reorganizations, we may disclosure and transfer your information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Services, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will notify you and inform you of the identity of such third party or third parties and either via email or by posting notice on our website.

Lastly, you consent to Genies’ disclosure of your Personal and non-Personal Information, anonymously aggregated with information about our other users, to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties.  Our anonymization and aggregation of your Personal and non-Personal Information in order to make such disclosures is based on Genies’ legitimate interests, specifically, Genies’ ability to operate its business and provide information about Genies’ business to partners and potential partners.

5. Cookies and Automatic Gathering of non-Personal Information

Every time you use the Services (e.g., access a Service webpage, navigate to a specific page within the Service mobile app), you consent to Genies’ collection of Personal and non-Personal Information (discussed above in Section 2) regarding that use.  For example, to improve our Services, we collect how, when, and which parts of the Services or its features you use, which social media platforms you connect to the Services, and when, how, and what you post to the social media platforms through the Service app.  Also, we may use your device’s unique identifier (UDID), media access control address (MAC Address), or other unique identifiers to assist us in collecting and analyzing this data.

To assist us in collecting and storing this non-Personal Information, we may employ a variety of technologies, including “Cookies,” local browser storage, and “Web Beacons.”  A “Cookie” is a small amount of data a website operator may store in your web browser, that the website operator can access when you visit its website (or any other content it hosts, which may be embedded in other websites). A Cookie may also refer to web-browser-based storage provided by Adobe’s Flash plugin (a “Flash Cookie”).  The Service’s Cookies may contain user preferences, unique identifiers, and other non-Personal Information. A “Web Beacon” is a small, usually-transparent image placed on a web page that allows the operator of that image to read or write a Cookie.  By agreeing to this Privacy Policy and/or clicking “agree” to a pop-up screen describing use of Cookies on the Genies’ website, you consent to Genies’ use of Cookies, local browser storage, and Web Beacons, and you consent to Genies’ collection of certain types of your Personal and non-Personal Information using these technologies.

Subject to the controls offered by your operating system and web browser, you can erase information stored in Cookies, Flash Cookies, and local browser storage at any time, but you may be forced to login to the Services again and you may lose some preferences or settings.  You can also set your browser to refuse all website storage or to indicate when it is permitted, but some features of our Services may not function properly without it.
More information about managing Cookies is available here. Cookie management tools provided by your browser may not affect Flash Cookies. More information about managing Flash Cookies is available here. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser.

To help us collect this information, we use the following third-party software and services. These third parties’ collection and use of information is subject to their own privacy policies, which you can read here:
Google Analytics 
Fabric
Localytics

6. Transparency and Choice

You may request access to your Personal Information by sending an email to privacy@Genies.com. We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request.  unless we need to retain it for legal reasons. You may also remove any content that you post to the Services using the deletion or removal options within the Service.  However, you understand and acknowledge that we (and you) are not able to control information that you have already shared with other users or Genies.  
If you need further assistance with removing any content you posted through the Services, you can email us at privacy@Genies.com. Removal of your posted content may not ensure complete or comprehensive removal from our computer systems, unless you also specifically direct us to delete your data, as discussed above. 

We ask individual users 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, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information.  In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. 

Please be aware that if you request us to delete your Personal Information, you may not be able to continue to use the Services.  Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy certain legal requirements.

We may use third-party service providers that collect information for interest-based advertising purposes.  To learn more about these third parties and the choices they offer users, please visit the Network Advertising Initiative’s choices page or the Digital Advertising Alliance’s choices page.  If you are reading this Privacy Policy from a mobile device, you can learn more about the DAA's mobile choices program here.

We support the development and implementation of a standard "do not track" browser feature that provides customers with control over the collection and use of information about their web-browsing activities. Once a standardized "do not track" feature is released, we intend to adhere to the browser settings accordingly. 

If you’ve previously opted in to receive marketing emails, you can opt out of these e-mails from us by clicking on the “unsubscribe” link in the e-mails.  Please note that it may take up to ten (10) business days for your opt-out request to be processed.  Also, even if you opt out of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.
You may withdraw any of the consents that you’ve granted in this Privacy Policy, request information about Genies’ collection and/or use of your information, request to access your data that’s been collected by Genies, and/or request that Genies give you a copy of all of your Personal Information that Genies has collected by clicking on “Data Policy” under Settings within the Genies app, and clicking the link to send us an email describing your request.  See Section 2(a) above.

7. Children

The Services are not intended for users under 13 years of age.  We do not knowingly collect Personal Information from users under 13 years of age.  We do not authorize users under 13 years of age to use the Services. 

8. Information Security

We utilize reasonable information security measures to safeguard your Personal Information.  However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure.  Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.

9. Your California Privacy Rights

A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California Customer”) is entitled to request information about whether the business has disclosed 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 a 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.  To prevent disclosure of your Personal Information for use in direct marketing by a third party for its own purposes, do not opt in to or authorize such use when you provide Personal Information through the Services.  Please note that whenever you allow your Personal Information to be shared with a third party to communicate with you (including Genies), your information will be subject to that third party’s privacy policy.  If you later decide that you do not want that third party to use your information, you will need to contact the third party directly.  You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.
California Customers may request further information about our compliance with California’s privacy law by e-mailing privacy@Genies.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

10. Third Party Websites.

Please note that the Services may link or integrate with third-party sites, services or apps.   We are not responsible for the privacy or security policies or practices or the content of such third parties.  Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information.

11. Changes to this Policy

We may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the date at the top of this document to see when the Privacy Policy was last changed.  If we make any material changes to this Privacy Policy, we will notify you by reasonable means, which may be by e-mail or posting a notice of the changes on our website or through the Service’s mobile app prior to the changes becoming effective.  We encourage you to check this Privacy Policy from time to time.  

12. Questions

To ask questions about our Privacy Policy or to lodge a complaint, contact us at:  

Legal Department
Attn: Privacy Agent
Genies, Inc.
8605 Santa Monica Blvd #22702, West Hollywood CA 90069
Email:  privacy@Genies.com