Last Updated: October 20, 2020
Thank you for using Genies! 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 Genies.com and the Genies mobile application (collectively, the “Service(s)”). The Services are owned and operated by Genies, Inc., a Delaware corporation (“Genies”, “we”, “us” or “our”.)
If you reside in the State of California, please click here to learn more about your privacy rights. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice for California Residents, the Privacy Notice for California Residents will control with respect to California Residents (as defined below) only.
If you reside in the European Union, please click here to learn more about your privacy rights. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice for European Residents, the Privacy Notice for European Residents will control with respect to European Residents (as defined below) only.
In addition to our own mobile applications and other Services, Genies makes Genies avatars and other content available in our partners’ “Connected Services” (as defined below). By creating a Genies account, you can maintain your Genies avatar and certain content you’ve unlocked and/or purchased across many of these Connected Services, as well as within the Genies app.
This Privacy Policy applies to information Genies collects through the Services, as well as other information provided to us online or offline by third parties, when we associate that information with customers or users of the Services; however, it does not apply to information collected from our employees, contractors, or vendors. It also does not apply to information that you ask us to share with third parties or that is collected by Online Tool Providers (as further described below). You acknowledge and agree that Geniesis not responsible for the data collection or use practices of any other Services user, and that the use of your information by third parties utilized in providing the Services may be governed by such third parties’ own privacy policies.
This Privacy Policy describes, among other things:
By accessing or using the Services, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not access or use the Services. Information gathered through the Services may be transferred, used, and stored in the United States or in other countries where our Service Providers (as defined in Section 4 below) or we are located. If you use the Services, you agree 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 or Genies are deemed to occur in the United States, where our servers are located.
Certain aspects of the Services may enable 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, or by Genies if you choose to participate in Genies’ interest-based matching service that connects users of the Services that we believe share similar hobbies or interests (such interest-based group chats, “Communities”)), 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 a chat. Accordingly, you understand and assume the risks of revealing any Personal Information to other chat participants.
When you register for, or use our Services, you provide, and we collect, certain Personal Information. By “Personal Information” we mean information that can identify or reasonably be linked to an individual, such as:
Our Services may integrate with social media platforms and other third-party apps and services, including apps and services provided by fashion, clothing, or other lifestyle brands (collectively, “Connected Services”). When you integrate a Connected Service to our Services, we may collect information about that Connected Service and share information with that Connected Service 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. For example, if you wish to purchase digital goods for your Genies avatar through a Connected Service (as further described in Section 2 of our Terms of Service), we may share with the Connected Service your email address and/or a unique account authentication token, and information about your collection of digital goods for your Genies avatar, such as the clothing in your Genies avatar’s virtual closet. You acknowledge and agree that Genies is not responsible for the data collection or use practices of any such Connected Service. You should read each Connected Service’s privacy policy.
Certain aspects of the Services may also access certain features of your mobile device, including its location services (GPS) and camera roll, and collect information from those features, such as your precise location, or save photos and videos you create or receive on the Services to you mobile device. You consent to this access.
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 receiving certain features of the Services.
We also collect non-Personal Information relating to the Services, that is, information that does not personally identify an 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:
We will not use non-Personal Information to try to identify you, and if we associate any nonPersonal 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 or Online Tool Providers.
We may use the information we collect to:
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 (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).
We may disclose your Personal Information to third parties as described below.
We may disclose your Personal Information to provide the Services, or when you authorize or instruct us to do so, for example when you use the Services to post content or submit profile information, or invite another user to chat with you. We may also disclose Personal Information and non-Personal Information to Service Providers. By “Service Providers” we mean 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, and conducting audits). When we use a Service Provider, we require that the Service Provider use and disclose the Personal Information and non-Personal Information received from us only to provide their services to us or as required by applicable law.
The Services are a social experience, so we may disclose you interactions with the Services to Connected Services, as described in Section 2, above.
We may also disclose Personal Information and non-Personal Information to Online Tool Providers. By “Online Tool Provider” we mean a licensor of software that we include in, or use with, the Services, including an API or SDK, that provides a specialized function or service to us and that requires the transmission of Personal Information and/or non-Personal Information to the Online Tool Provider. Online Tool Providers may have the right to use Personal Information and non-Personal Information about you for their own business purposes. Use and disclosure of Personal Information and non-Personal Information by an Online Tool Provider is described in its privacy policy. See Section 5 below for some of the key Online Tool Providers we use.
We may partner with advertisers to provide you with special offers, or to advertise products or services to you. If you answer questions or fill out surveys, we may share information with our advertising partners. The advertising partner’s privacy policy will govern their use of your information, which may include marketing of other products or services to you. You should read each advertiser’s privacy policy before providing information to that advertiser.
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.
Finally, we reserve the right to transfer 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 use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on our website.
Lastly, we may also disclose non-Personal Information, aggregated with information about our other users, to our clients, business partners, affiliates, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.
Every time you use the Services (e.g., access a Service webpage, navigate to a specific location within the Service mobile app) we collect Personal Information 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, social networking services and how and what you post to the social media platforms through the Service app, and which apps and services provided by fashion, clothing, or other lifestyle brands that you connect to the Services. Also, we may use your device’s unique identifier (UDID) 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. A “Cookie” is a small amount of data a website operator, or a third party whose content is embedded in that website, may store in your web browser and that the website operator or, as applicable, the third party, can access when you visit the website. A Cookie may also refer to web-browser-based storage provided by Adobe’s Flash plugin (a “Flash Cookie”).
Your operating system and web browser may allow you to erase information stored in Cookies, Flash Cookies, and local browser storage. But if you do so, you may be forced to login to the Services again and you may lose some preferences or settings. You may also be able to 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. We may use Cookies to keep you logged in, save your preferences for the Services, and to collect information about how you use our Services.
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.
An Online Tool Provider may collect information via Cookies automatically, in which case Personal Information and non-Personal Information it receives are subject to the Online Tool Provider’s privacy policy. Some Online Tool Providers may allow you to opt out of certain collection and/or uses of your information. You can read more here:
Google Analytics – https://policies.google.com/privacy Amazon Web Services and Amazon Cognito - https://aws.amazon.com/privacy/ OpenID – https://openid.net/wordpress-content/uploads/2020/06/OIDF_PrivacyPolicy_Final_2020-06-30.pdf
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. But, in either case, we may need to retain it for legal reasons or for legitimate business purposes. You may also remove any content that you post to the Services using the deletion or removal options within the Service. However, we (and you) are not able to control information that you have already shared with other users or made available to third parties through the Services.
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.
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.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: privacy@genies.com.
Please be aware that if you request us to delete your Personal Information, you may not be able to continue to use the Services. Specifically, if you ask for your Personal Information to be deleted, Genies may no longer be able to associate your digital goods or virtual currency with you, and you may lose all of your digital goods or virtual currency. 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 our legal, audit and/or dispute resolution requirements.
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.
You can opt out of receiving marketing 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 emails, such as notices about your account and confirmations of transactions you have requested.
If you have an objection to the use of your Personal Information as described in this Privacy Policy, you may file a complaint by sending an email to privacy@genies.com. We will attempt to accommodate your objection or complaint, but you understand that, to the extent you object to our processing of Personal Information that is necessary for us to provide the Services to you, certain features and functionalities of the Services may no longer be available to you. Nothing in this Privacy Policy prejudices your rights to file a complaint with the Office of the Privacy Commissioner of Canada, and/or with any other applicable data protection authorities.
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.
We utilize reasonable information security measures to safeguard your Personal Information against unauthorized access, modification, or destruction. For example, we utilize Secure Socket Layer (SSL), Transport Layer Security (TLS), or similar encryption technology when sensitive data is transmitted over the Internet, and use firewalls to help prevent external access into our network. 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.
We restrict access to Personal Information in our possession to our employees, Service Providers, and Online Tool Providers who need to know that information in order to operate, develop, improve or support our Services. If we share Personal Information with Service Providers or Online Tool Providers, we require that they also use reasonable information security measures to safeguard your Personal Information, and only use your Personal Information for the purposes for which we share it with them.
Please note that the Services may link or integrate with third-party sites, services or apps, including Connected Services. 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 they collect, use, share and protect your information.
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 “Last Updated” 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. IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES (WHICH IS THE “LAST UPDATED” DATE OF THIS PRIVACY POLICY).
To ask questions about our Privacy Policy or to lodge a complaint, contact us at:
Genies, Inc. 550 Rose Avenue Venice, California 90291 Email: privacy@genies.com