Privacy Policy
Kristen Wheeler d/b/a Native Genius
Privacy Notice
(Effective: February 9, 2023 )
OUR COMMITMENT TO YOUR PRIVACY
Kristen Wheeler d/b/a Native Genius ("Company", "we", "our" or "us") recognizes the importance of data privacy and security. Privacy is a matter of trust, and we are committed to managing personal data lawfully, fairly and transparently. We want our website users, visitors, current and prospective clients, job seekers, employees and other business partners (collectively, "you" or "your") to understand the ways we collect, use and share personal data.
This Privacy Notice (“Privacy Notice”) governs the use of our website, www.nativegenius.com (“the Site”), applications, social media channels, other website content, streaming services, products, goods, services, promotions, software, technology and any other materials that we may provide (“Services”) and other services that link to, or contain references to, this document and are published or made available by the Company and its affiliates as applicable (“we”, “us” or “our”). “Services” as used hereinafter shall include the Site. “Products” as used herein means any products or services we promote through the Site.
This Privacy Notice describes the following topics:
- The types of data that we collect
- Ways we collect your personal data
- Ways we use your personal data
- Ways we share your personal data
- Ways we retain and safeguard your personal data
- Your rights and choices about how we collect, use and share your personal data
You can access this Privacy Notice any time in the footer of the Site’s home page, via the menu button or on the Site description screen, or as otherwise indicated depending on the Site you are using. BY PURCHASING A PRODUCT OR SERVICE FROM US, REGISTERING FOR ANY ASPECT OF THE SITE, OR OTHERWISE ACCESSING, VISITING OR USING THE SITE, YOU CONSENT TO THIS PRIVACY NOTICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY NOTICE, YOU SHOULD NOT ACCESS, VISIT AND/OR USE THE SITE OR SERVICES. WE ADVISE THAT YOU PRINT OR RETAIN A DIGITAL COPY A COPY OF THIS PRIVACY NOTICE FOR FUTURE REFERENCE.
In addition to reviewing this Privacy Notice, please also review our Terms of Use and any other terms and conditions that may be posted elsewhere in the Site or otherwise communicated to our users, because the Terms of Use and all such terms and conditions are also part of the Agreement between you and us.
THE TYPES OF DATA ACQUIRED ABOUT YOU
Personally Identifiable Information (PII).
“Personally Identifiable Information” that alone or in combination with other information or in certain contexts can be used to identify, distinguish or trace you or the device(s) (collectively, “Device”) used to access the Site is referred to in this document as “PII”. PII, together with all other information about you and/or your Device(s) that we acquire, is referred to collectively as your “personal data.” “Content” as used herein refers generally to any type of information, including text, images, video, whether sourced from you, us or third parties.
We acquire PII that may include, in certain contexts, your name, postal address, zip code, email address, and telephone number. We also acquire your IP address, User ID, and/or Device ID, which certain jurisdictions consider to be PII because it could be used to identify an individual or Device if it were combined with other identifying information.
Sensitive PII
In certain circumstances, such as when purchasing a Product, you may provide a credit, debit, or payment account number, or other payment information which we recognize as more sensitive than other PII. We generally do not request on or through the Site other Data that is often considered “highly sensitive,” such as other financial account information (e.g., credit report information, bank account numbers), personal health information, or government-issued identification numbers (e.g., social security number, drivers’ license number, or passport number). However, we will collect such Sensitive PII when necessary to offer you certain services or if you offer contractor services to, or apply for a job with, Company and/or receive an offer of employment.
Anonymous Data
Some of the personal data that we acquire cannot identify, distinguish or trace you or your Device, even if combined with other identifying information, and some Personal Data that could be considered PII when combined with other identifying information is not used in a way that identifies, distinguishes or traces you or your Device, but is instead used in an anonymous way, often aggregated with other anonymous Personal Data about other users.
WAYS WE COLLECT YOUR PERSONAL DATA
In General
We collect only personal data that you provide to us voluntarily, and where applicable, with your consent. Company takes measures to ensure that we collect personal data for specified, explicit and legitimate reasons only — namely, to provide products and services to you and meet our legal obligations. We also take steps to limit the personal data we collect to only the minimum necessary to carry out our business objectives.
We may collect your personal data when you:
- Contact us by phone or online;
- Create a user account;
- Purchase an item on the Site, including downloadable content available at no charge;
- Interact with our social media pages (such as Instagram, Facebook, Twitter or LinkedIn);
- Sign up for our newsletters or alerts;
- View our Company content or products;
- Attend an event that we may host;
- When you apply for a job with Company; and/or
- Communicate with us via email or other channels, such as our Contact Us form.
In these instances, we may collect personal data such as: your name, email address, postal address, and phone number. If you purchase or request an item on the Site or through Company, we will collect the information necessary to complete that transaction, such as, your name, email address, residential address, and payment information.
Log Files
We may use log files to record data about each users’ visit to our Site. When you visit the Site, we may collect the IP (Internet Protocol) address connected to your computer (or the proxy server you use to access the World Wide Web), your computer operating system, the type of browser you are using, mobile device operating system (if you are accessing the Site using a mobile device), as well as the name of your ISP (Internet Service Provider) or your mobile carrier. We may use this information to analyze overall trends to help improve the Site. We do not share log data with third-parties unless required by law to do so.
Data Acquired Elsewhere.
We may also acquire your personal data offline or otherwise outside of the Site. For example, we may purchase or otherwise acquire such personal data from third party data suppliers. We reserve the right to merge or co-mingle this other personal data with your personal data collected on or through the Site.
Social Network Integration.
If you choose to access, visit and/or use any third party social networking service(s) that may be integrated with the Site, we may receive your personal data that has been made available to those services, including information about your contacts on those services. For example, some social networking services allow you to push Content from our Site to your contacts or to pull information about your contacts so you can connect with them on or through our Site. Some social networking services may facilitate your registration for our Site or enhance or personalize your experience on our Site. Your decision to use a social networking service in connection with our Site is voluntary. However, you should make sure you are comfortable with your personal data the third party social networking services may make available us by visiting those services’ privacy policies and/or modifying your privacy settings directly with those services. We reserve the right to use, transfer, assign, sell, share, and provide access to all of your personal data that we receive through third-party social networking services in the same ways as all of your personal data we receive through our Site (as described below).
Cookies and Similar Tracking Technologies
Use of Cookies on the Site
Company may use “cookies,” or small text files, to collect data about Site usage and trends, to improve the quality of the Site, and to customize your experience on the Site. We may save one or more cookies on your computer. You can remove or block cookies using the settings in your browser, but in some cases doing so may impact your ability to use the Site.
We may use another type of cookie, called a "session" cookie to collect data about your visit to the Site. Session cookies used by the Site expire after you close your web browser.
Use of Third-Party Cookies and Other Tracking Technologies on the Site
Company may use Google Maps™ mapping service, Google Analytics, or any other analytics service provider to optimize the Site's service and experience. Google Maps, Google Analytics, or any other analytics service provider may use cookies, tags, or other technologies to collect data about a user's behavior and their mobile devices. We do not use Google Maps mapping service to collect or process data that uniquely identifies an individual except as needed to offer products and services to you, including the hosting of your life tribute content. Refer to the Google Privacy Policy for more information on Google Maps and Google Analytics services. Refer to the terms and conditions and privacy policy of any other analytics service provider for more information.
Use of Beacons for Email Marketing
Company may use "beacons" (which are like cookies) in email marketing communications with our clients and other stakeholders to collect data about recipients’ actions (e.g., the number of recipients who open the message or click on a link in the message) such as email marketing communications.
Notice and Consent for Use of Cookies
In accordance with the EU General Data Protection Regulation (see below), Company may provide you clear and conspicuous notice that summarizes our use of cookies, seeks your consent for the use of such cookies, and outlines the ways you can control such cookies when visiting the Site. If no such notice presents itself to users who visit our Site, this means that Company does not implement cookies.
Your Consent to Our Collection of Your Personal Data
By using this Site or otherwise digitally communicating with Company, you consent to our collection of your personal data for our legitimate business uses. If you do not consent to such collection of your personal data, please do not digitally communicate with Company.
WAYS WE USE YOUR PERSONAL DATA
In General
Company may use your personal data for our legitimate business purposes. In particular, we may use your personal data to communicate with you and provide you our products and services. For example, we may use your personal data for the following reasons:
- Send you newsworthy updates
- Send you invitations to events
- Answer questions you submit to us
- Administer our business processes
- Comply with our legal and contractual obligations
If you apply for a job or contractor position with Company, we may also use your personal data to process your application, conduct background screening, or check references. Once hired, we may use your personal data to facilitate payment (and benefits, as applicable).
Opting-Out of Uses of Your Personal Data
If you wish to request that Company refrain from using your personal data in the ways described herein, please submit your request to Company by using the information in the How to Contact Us section below. This may necessitate disabling or deletion of your account or account data.
WAYS WE SHARE YOUR PERSONAL DATA
In General
In the context of the uses of personal data mentioned in the Ways We Use Your Personal Data section above, we may share your personal data with third-parties we engage to help provide products and services to you. These third parties include, but are not limited to, organizations that provide the following services:
- Software support
- Customer relationship management (CRM) platform
- Payment and fulfillment
- Website hosting
- Business resilience and disaster recovery
- User authentication
- Auditing platforms and accounting
- Legal advice and counsel
- Management consulting
- Mailing and logistics
- Email marketing
- Marketing research
- Company social media channels
- Media partners
- Product or service vendors.
Other Sharing Circumstances
We may also share your personal data in other circumstances, such as the following:
- As required to by law, or in response to a subpoena or other government information request
- If we believe that the disclosure is in the interest of your security or the security of Company (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction)
- If another company acquires or merges with us
- If we go out of business, enter bankruptcy, or experience some other change of control
Sharing Aggregate Information
When Company requests demographic information collected during an information request or registration, you have the option not to provide this information. However, we encourage you to share your demographic information so that we may gain a better understanding of your needs and so that we can serve you in a more personalized manner.
We may also share aggregate non-personal data with strategic partners. Under these circumstances, we do not disclose information that can uniquely identify you.
PERSONAL DATA RETENTION
Company may retain your personal data for at least as long as you transact business with us, as such data retention is necessary to provide you products and services. Company may retain and use your personal data as necessary to comply with our legal obligations and policies, resolve disputes and enforce our agreements.
DATA TRANSFERS
Data Transfers from EU/EEA to US or Elsewhere
If you are in the European Union/European Economic Area (EU/EEA), please be aware that we operate in the United States (US). As such, Company may transfer your personal data from the EU/EEA to the US to provide you with products and services, or otherwise communicate with you. Company takes measures to adequately safeguard your personal data when transferred to the United States or elsewhere. In doing so, we aim to comply with applicable data privacy laws and regulations.
When Company transfers personal data from the EU/EEA to countries or international organizations based outside the EU/EEA, the transfer takes place on the basis of legally permitted grounds, such as with your informed consent prior to the transfer, or via standard contractual clauses (i.e., pre-defined data protection clauses added to contracts) with those clients for whom we transfer such personal data.
Data Transfers from Australia to the US or Elsewhere
If you are a citizen of Australia, please be aware that we operate in the United States. As such, Company may transfer your personal data from Australia to the US to provide you with products and services, or otherwise communicate with you. Company takes measures to adequately safeguard your personal data when transferred from Australia to the US or elsewhere.
Data Transfers from Other Regulated Countries or Jurisdictions to the US or Elsewhere
If you are a citizen of a country or jurisdiction not specifically mentioned in this Privacy Notice, please be aware that we operate in the United States. As such, Company may transfer your personal data from your home country or jurisdiction to the US to provide you with products and services, or otherwise communicate with you. Company takes measures to adequately safeguard your personal data when transferred from a country or jurisdiction not specifically mentioned in this Privacy Notice to the US or elsewhere.
YOUR PRIVACY RIGHTS
Your Privacy Rights Under GDPR
If you are in the European Union (EU), you have certain data privacy rights, as defined by the General Data Protection Regulation (GDPR). Company describes these rights in our Supplemental Privacy Notice for Individuals in the European Union.
Your Privacy Rights Under CCPA
If you are a resident of California, you have certain data privacy rights, as defined by the California Consumer Privacy Act of 2018 (CCPA). Company describes these rights in our Supplemental Privacy Notice for Residents of California.
Your Privacy Rights Under Australia Privacy Act
If you are a citizen of Australia, you have certain data privacy rights, as defined by the Australia Privacy Act. Company describes these rights in our Supplemental Privacy Notice for Citizens of Australia.
Your Privacy Rights Under Other Regulated Countries or Jurisdictions
If you are a citizen or resident of regulated countries or jurisdictions not specifically mentioned in this Privacy Notice, you may have certain data privacy rights, as defined by the laws and regulations of such regulated countries or jurisdictions. Company commits to honor the privacy rights of individuals from such regulated countries or jurisdictions. If you have a question about these rights, please use the information in the How to Contact Us section below.
INDIVIDUALS UNDER THE AGE OF 16
Company does not intend this Site for use by individuals under 16 years of age. Those under age 16 should avoid providing any personal data to the Site without verifiable parental consent.
DATA SECURITY
We constantly strive to align our data security practices with industry-accepted standards for securely handling, transmitting and storing personal data. To prevent unauthorized access, maintain data accuracy and the correct use of information, Company implements administrative, physical and technical measures to safeguard and secure the information we collect on the Site. We utilize industry-accepted encryption technologies and strengths to reduce the risk that others can view information passing between our Site and your browser.
Since the Internet is not a completely secure environment, we cannot ensure or warrant the security of any information you transmit to us. Company offers no guarantees that information cannot or will not be accessed, disclosed, altered, or destroyed by a breach of any of our administrative, physical or technical measures.
NOTIFICATION IN EVENT OF DATA BREACH
International, federal and state laws and regulations may require Company to notify our clients and/or individual victims in the event of a breach of personal data. In such an unfortunate event, we will promptly notify our clients and/or data breach victims, in accordance with notification procedures defined in our internal policies and as required by applicable law.
OPTING-OUT OF SHARING YOUR PERSONAL DATA
You have choices regarding the ways we share your personal data with third-parties. In many cases, you must opt-out by using the mechanism provided by our third-party service providers. For instance, you may opt-out of email communications from us by clicking the “unsubscribe” link in the email message. If you wish to opt-out of our sharing of your personal data, please submit your request to Company via the How to Contact Us section below. As noted above, this may necessitate deletion of your data or your account with us.
LINKS
This Site may contain links to and from other third-party sites. Please be aware that Company is not responsible for the privacy practices of these third-party sites. We encourage you to be aware when you leave our Site and to read the privacy notices of each third-party website that collects your personal data.
HOW TO CONTACT US
You may contact us directly via post, phone or email:
Native Genius
345 Laramie Blvd.
Boulder, CO 80304
tel no.: 303-881-7122
If you request to opt-out of our marketing communications or those of our partners, there may be a 30-day period before such opt-out will take effect.
UPDATES TO THIS PRIVACY NOTICE
Company created this Privacy Notice on February 9, 2023. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Privacy Notice at any time. Your continued use of the Site following reasonable notice of such modifications constitutes your acceptance of any changes to this Privacy Notice.
