Terms of Service & Conditions
I. Overview and Important Definitions
This Terms of Use (“TOS” or the “Agreement”) is a legally binding contract between Generation Next Marketing, Inc.,(“Generation Next Marketing") and you, as a user of or subscriber to Generation Next Marketing sites or services. The Generation Next Marketing Privacy Policy and Generation Next Marketing Community Etiquette are incorporated into this Agreement by reference.
Generation Next Marketing offers businesses and individuals access to a rich collection of resources related to search engine optimization, online marketing, and online local business listing management, including, without limitation, search engine optimization tools, link analysis tools, downloadable toolbars, application program interfaces (“APIs”), website profile services, search analytics, blogs, user-generated content, personalized content, industry surveys, and opinion polls. Collectively, we’ll refer to these resources as the “Services” in this Agreement. A User who pays for any portion of the Sites or Services shall be referred to as either a “Subscriber”
II. Conditions Governing Generation Next Marketing Subscribers.
If you purchase Generation Next Marketing services, you are subject to the following terms and conditions related to your purchase. If you purchase locations via a separately negotiated agreement, these terms also apply, but in case of any conflicts between that agreement and this TOS, the terms in the separately negotiated agreement will apply.
Generation Next Marketing Fees : You agree to make an immediate payment to Generation Next Marketing for each location for a recurring term (the “Term”) which begins on the date of payment. This payment, plus any future payment for that location based on renewal, shall together be referred to as “Generation Next Marketing Service Fees”. You understand that Generation Next Marketing assumes costs immediately after you submit data to Generation Next Marketing and acknowledge that as a result no partial or complete refunds will be issued by Generation Next Marketing to you – at any time, for any reason – once you have made a payment for Generation Next Marketing Local Services.
Scope of Generation Next Marketing Services : In exchange for your immediate payment per business location per term and compliance with the terms and conditions of this Agreement, Generation Next Marketing may distribute data to certain location data aggregators and business listing services and may offer additional reports and tools related to this data.
Taxes: You are responsible for all taxes associated with your purchase of Generation Next Marketing Local Services (such as sales tax), and such taxes will be in addition to the Generation Next Marketing Local Service Fees quoted.
Term: Unless otherwise stated in Your Subscription Agreement, Your Subscription has duration of one year (12 months). Your Subscription Agreement with Generation Next Marketing will commence on the day that You a) agree to the Subscription Agreement; or b) receive a copy of the Subscription Agreement; or c) pay the initial payment due for the Subscription, whichever is earliest. If a subscription is cancelled, you will be required to make all payments due during the duration of the Subscription including any previously waived setup fees if applicable regardless of whether You choose to use the Services available to You through Your Subscription.
Renewal: Each business location will auto-renew annually within 30 days of the anniversary of the initial payment for that location. Once a renewal payment is processed, no refunds will be provided for any reason. If your renewal payment fails, you will no longer have any rights under this Agreement related to your previously purchased Generation Next Marketing Local business location(s), including the right to manage your listing, until you are in good payment standing. Failure to renew a listing in a timely manner (prior to the date of annual renewal) will result in loss of custom pricing terms associated with a business location, if any.
Change in Generation Next Marketing Fees Upon Renewal: Generation Next Marketing may change its Generation Next Marketing Fees from time to time; with respect to renewals, Generation Next Marketing will provide no fewer than thirty (30) days of notice of such a change by electronic mail and/or posting of any new fee schedule on the Generation Next Marketing /local website.
Cancellation: You may cancel a service of a business location by contacting Generation Next Marketing directly at [email protected]. Each cancellation MUST be confirmed in writing by the client prior to final cancellation by Generation Next Marketing. Upon confirmation, cancellation is immediate and is not reversible and must be initiated prior to the expiration of any Term to avoid fees associated with renewal. Cancellation removes a project and its associated data from your dashboard. If you decide to reinstate service at another date, additional setup fees will be applicable.
Additional Generation Next Marketing Obligations and Acknowledgements:
IV. Conditions Governing Subscriptions
Generation Next Marketing offers subscriptions to various software as a service products and these terms govern such subscriptions.
Payment for Subscriptions As a Subscriber, you must agree to the payment terms presented to you at the time you sign up for Services.
You are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You may not receive further notice of your renewal after signing up for a subscription. Subscriptions recur either monthly or annually in most cases, depending upon the renewal term you choose during the signup process.
You are responsible for ensuring that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use that credit card. Generation Next Marketing reserves the right to implement fraud-protection measures including, without limitation, temporarily charging small amounts to your credit card to determine that it is a valid credit card and you are authorized to use it.
Cancellation of Subscriptions. For security reasons, an email or phone call to Generation Next Marketing may not sufficient to cancel your Generation Next Marketing subscription. Cancellation does not entitle you to a refund under any circumstances. You will continue to have access to the Sites and Services you have paid for until the end of your subscription term but will lose access if the subscription is not in good standing.
No Refunds. Generation Next Marketing is not obligated to provide you a refund at any time. If you choose to cancel your Generation Next Marketing subscription during your subscription term, you will not be refunded, in whole or in part.
Multiple Subscriptions. Each Generation Next Marketing account has a single credit card associated with it. If a subscription to one Generation Next Marketing service is suspended due to Generation Next Marketing inability to process that credit card, and you subscribe to a second Generation Next Marketing service while that first service is suspended (by, for example, changing the credit card associated with your account) but before it is cancelled (a period which is currently 18 days, but is subject to change), Generation Next Marketing reserves the right to use the valid payment method associated with the second service to re-initiate the suspended service.
V. Conditions Governing All Users of Generation Next Marketing Sites and Services
The Services are available only to Users:
You agree to inform Generation Next Marketing immediately upon learning of a security breach that relates to your account or a third party’s improper use of the Services in connection with your account.
You agree that your rights in a subscription or use of any paid Services (including, for example, the ability to change a password associated with a Generation Next Marketing Pro account) may be dependent upon demonstrating that you have paid for the subscription or Sites.
You acknowledge that if you sign up for any Services and pay via credit card, and Generation Next Marketing cannot charge your credit card at renewal, Generation Next Marketing may cancel your subscription and you may lose access to the Services and any data associated with your subscription.
While some Services may be paid for via invoice by mutual written agreement by you and Generation Next Marketing, Generation Next Marketing reserves the right to quote additional fees for invoiced accounts. If Generation Next Marketing has entered into an invoicing relationship with you, the following terms apply unless superseded by written agreement: you agree to pay all undisputed invoices within 10 days. You agree that Generation Next Marketing may charge interest of 1.5% per month for past due invoices, or the highest rate permitted by law, and you agree to be liable for reasonable attorney fees and collection costs arising from Generation Next Marketing’s efforts to collect on past due amounts; If you fail to pay an invoice, Generation Next Marketing reserves the right to cancel your subscription, access to any Services, and any data associated with your subscription or the Services.
You acknowledge that portions of the Sites and Services are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
Generation Next Marketing reserves the right to monitor your communications to the extent they are facilitated by the Sites or Services, and may disclose content and information about you, including content contained within your communications, if Generation Next Marketing deems it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this TOS, the Generation Next Marketing Privacy Policy, and/or the Generation Next Marketing Community Etiquette; or (3) protect the rights, property, personal safety, or interests of Generation Next Marketing, its employees, customers, or the public.
VI. User Obligations Regarding User Generated Content
Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a User uploads, publishes or displays on the Sites or in connection with the Services, whether publicly posted or privately transmitted, shall be referred to herein as “User Generated Content.” Users assume the following obligations with User Generated Content:
VII. Generation Next Marketing Obligations Regarding User Generated Content
Generation Next Marketing assumes no obligations to screen and does not routinely pre-screen User Generated Content posted via the Sites or in connection with the Services. Generation Next Marketing does not guarantee the accuracy, integrity, appropriateness, quality, or validity of User Generated Content. User Generated Content does not necessarily represent the views or opinions of Generation Next Marketing and under no circumstances will Generation Next Marketing be liable in any way for any User Generated Content, including without limitation liability related to any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Sites. As such, you are solely responsible (at your own expense) for creating backup copies and replacing any User Generated Content you post or store on the Sites or otherwise provide to Generation Next Marketing. Notwithstanding its lack of obligation, Generation Next Marketing may remove any User Generated Content at any time at its sole discretion, including User Generated Content that in the sole judgment of Generation Next Marketing violates this TOS or which may be offensive, illegal, or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. Generation Next Marketing assumes no obligation to maintain or store your content. Generation Next Marketing may delete, modify, or restrict the display of User Generated Content at any time for any reason, including but not limited to a change in Subscriber account level, Services cancellation, violation of the TOS, or violation of the Generation Next Marketing Community Etiquette; once deleted, User Generated Content may not be retrieved.
VIII. Generation Next Marketing’s Permitted Use of User Generated Content and User Data.
Generation Next Marketing does not claim ownership of User Generated Content. Subject to the rights granted to Generation Next Marketing in this TOS, you retain full ownership of all of User Generated Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it.
When you post User Generated Content to the Sites, you authorize and direct Generation Next Marketing to make such copies as Generation Next Marketing deems necessary to facilitate the posting and storage of User Generated Content on the Sites and provide the Services to you.
You further authorize Generation Next Marketing to anonymize and aggregate User Generated Content and any data you share with us (“User Data”), including data associated with your google analytics and social media profiles. You authorize Generation Next Marketing to use such content and data, by way of example and not limitation, to enable Generation Next Marketing to provide current or future services and for bench marking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the Sites (including authorization to access any third party account or profile), you grant Generation Next Marketing, its affiliates and partners an irrevocable, perpetual, worldwide, royalty free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated User Generated Content and User Data, in all present and future media, and in any manner relating to the Sites or Services.
In addition, with respect to User Generated Content that you elect to post or transmit on the community portions of the Sites (“Interactive Content”), including without limitation your User Profile, You Generation Next Marketing, the Generation Next Marketing Blog, and the Q&A service, and any other future Generation Next Marketing sites or services that are designed to be viewed by the public or other Subscribers, you grant to Generation Next Marketing, its affiliates and partners an irrevocable, perpetual, worldwide, royalty free, non-exclusive, transferable license (with the right to sub-license) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such Interactive Content, in whole or in part, in all present and future media and in any manner relating to the Sites or Services (including, without limitation, in connection with the appearance of such Interactive Content on Generation Next Marketing and on the sites of our affiliates, partners and others with whom Generation Next Marketing may have business relationships relating to the Sites) and the distribution and promotion of the Sites. You further agree that Generation Next Marketing is free to use any ideas, know-how, concepts, techniques or other materials implied by Interactive Content.
You may remove Interactive Content from the Sites at any time. If you choose to remove Interactive Content, any license granted above for the content shared by on you on the community portions of the Sites will remain in effect. You acknowledge that Generation Next Marketing may retain archived copies of such Interactive Content.
IX. Services Limitations.
Generation Next Marketing may establish limits concerning use of the Services at its discretion, including by way of example the frequency with which you may access the Services or your ability to post User Generated Content. Generation Next Marketing reserves the right to modify or discontinue the Services (including any part or feature thereof) at any time without notice. You agree that Generation Next Marketing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
X. Beta Services
From time to time, Generation Next Marketing may add new features to the Services that may be described as “beta” services or features (collectively, “Beta Features”). Beta Features will be considered part of the Services and all provisions of this Agreement relating to the Services will apply to the Beta Features as well. Users acknowledge that Beta Features may be untested, non-functional, and/or partially functional features of the Services.
If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, Generation Next Marketing disclaims any and all warranties associated with any Beta Feature. Any risk that Beta Features may harm or interrupt the regular running of your software or hardware is borne entirely by Users.
XI. Services Credits
Generation Next Marketing may from time to time offer opportunities to earn credits toward future Services (“Services Credits”). For example, Generation Next Marketing may offer Generation Next Marketing Pro Services Credits to a User or Subscriber if that User or Subscriber refers a customer who purchases a Generation Next Marketing Pro Subscription and remains in good standing.
These Services Credits are awarded at the discretion of Generation Next Marketing. They may be revoked at any time, for any reason, at Generation Next Marketing’s discretion. In no event shall credits ever be redeemable for cash, exchanged, sold, or rolled into a separate account. Unused credits may expire at the discretion of Generation Next Marketing.
If, for example, Generation Next Marketing issues Services Credits for a referred account that is later deemed not to be an actual person or company, or the referred account is otherwise not in good standing, was fraudulently obtained, or later sought a refund for any payments associated with it, such Services Credits may be revoked and voided. Generation Next Marketing may also undertake other actions (such as terminating your subscription or banning you from any future referral program) for such behavior at the reasonable discretion of Generation Next Marketing.
XII. Trademarks; Copyrights; Proprietary Rights
Generation Next Marketing owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Sites (“Generation Next Marketing Content”). Generation Next Marketing Content specifically excludes User Generated Content.
Generation Next Marketing owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with Generation Next Marketing Content, the Sites, and the Services.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Generation Next Marketing Content in whole or in part except as expressly authorized in writing by Generation Next Marketing. Generation Next Marketing does not grant any express or implied rights in Generation Next Marketing Content to Users, and all rights in and to the Sites and to Generation Next Marketing’s Content are retained and reserved by Generation Next Marketing.
Moreover, the term Generation Next Marketing and anything on the Sites that identifies or distinguishes Generation Next Marketing from other goods are services are registered or unregistered trademarks of Generation Next Marketing (the “Generation Next Marketing Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the Generation Next Marketing Trademarks without Generation Next Marketing’s prior written consent.
XIV. User Indemnification of Generation Next Marketing for Certain Actions
Users agree to indemnify and hold Generation Next Marketing and its affiliates, officers, agents, subsidiaries, partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) User Generated Content or User Data you submit, post, transmit, or make available through the Sites or Services, (ii) your unauthorized use of the Sites or Services, (iii) your connection to the Services, including your use of the Services to provide a link to other Sites or to upload content or other information to the Sites, or (iv) your violation of the Terms Of Use or Generation Next Marketing Community Etiquette, or (v) your violation of any rights of another including but not limited to another’s copyright or other intellectual property right.
XV. Generation Next Marketing Warranties and Limitations
Generation Next Marketing provides the Services “as-is”. Generation Next Marketing provides no express warranties, guarantees, or conditions related to the Sites or Services. To the extent permitted by law, Generation Next Marketing disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement, and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, Generation Next Marketing does not warrant that the Sites or Services will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User or Subscriber. Users may have additional rights as a consumer under local law that this Agreement cannot change.
XVI. LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS
You acknowledge that Generation Next Marketing cannot provide the Services at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Sites or Services, you agree to limit Generation Next Marketing’s potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the bargain between Generation Next Marketing and you as a User.
Generation Next Marketing does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Sites or Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Sites. Under no circumstances will Generation Next Marketing or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Sites or transmitted to or by any Users.
To the extent permitted by applicable law, Generation Next Marketing shall not be liable for any consequential, special, or incidental damages or lost profits resulting from your access to or use of the Sites or Services, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. This includes your inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Services or any part thereof) the Sites or Services. Without limiting the foregoing, you specifically acknowledge that Generation Next Marketing is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to the Sites, Services or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Services and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Services in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or even if Generation Next Marketing knew or should have known about the possibility of the damages.
Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
XVII. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically and without limitation, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
XVIII. Miscellaneous Clauses
Changes to Services. Generation Next Marketing may change the Services from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Services. Generation Next Marketing reserves the right to cancel, suspend, or block your access to the Sites or Services at its sole discretion for violations of these terms, the Generation Next Marketing Community Etiquette, or for any other reason and without notice (subject to any contractual rights you have with specific Services), and access to any Services is dependent upon you complying with any applicable laws.
Electronic Form. By accessing the Sites or Services, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.
Notices. If Generation Next Marketing must send you additional information regarding the Sites or Services, or in connection with this Agreement, you consent to receiving this information electronically. Generation Next Marketing may provide required information to you by email at any address you registered with the Sites or Services or via the Sites or Services itself. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. Generation Next Marketingis not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.
Forum and Jurisdiction. This Agreement is governed by the laws of the State Florida, U.S.A., without regard to its conflict of law provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Seattle, Washington; to which jurisdiction and venue you and Generation Next Marketing each irrevocably consent.
Additional Rights and Obligations. If any provision of this TOS is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. Generation Next Marketing may assign rights or delegate duties under this TOS in connection with a merger, reorganization, or sale of substantially all of its assets. This TOS will bind successors and permitted assigns.
Entire Agreement. The Terms of Use (along with the Privacy Policy, Generation Next Marketing Community Etiquette, and any Subscriber agreement or other agreement incorporated by reference) constitutes the entire agreement between you and Generation Next Marketing and govern your use of the Services, superseding any prior agreements between you and Generation Next Marketing (including, but not limited to, any prior versions of the Terms of Use).
Generation Next Marketing PRIVACY POLICY
Introduction
Generation Next Marketing, Inc. (“Company,” “Generation Next Marketing,” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
Generation Next Marketing offers various services (the “Services”) to provide businesses and individuals access to a rich collection of resources related to search engine optimization and inbound marketing, including without limitation search engine optimization tools, link analysis tools, downloadable toolbars, application program interfaces (“APIs”), site profile services, search analytics, blogs, user-generated-content, personalized content and industry surveys and opinion polls. The Services include access to the website at www.generationextmarketing.com and any related website or domain operated by Company (the “Sites”).
This privacy policy describes the types of information we may collect from you or that you may provide when you visit our Sites or use our Services in general, and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
This policy may change from time to time (see changes to our Privacy Policy below). Your continued use of this Sites or Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 13
Our Sites are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Sites or on or through any of its features/register on the Sites, make any purchases through the Sites, use any of the interactive or public comment features of the Sites or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Sites and Services, including information:
Information You Provide to Us
The information we collect on or through our Sites or Services may include:
You also may provide information to be published, displayed or transmitted (hereinafter, “posted”) on public areas of the Sites, or transmitted to other users of the Sites or third parties (collectively, “Interactive Content”). Your Interactive Content is posted on and transmitted to others at your own risk; we cannot control the actions of other users of the Sites with whom you may choose to share your Interactive Content. Therefore, we cannot and do not guarantee that Interactive Content will not be viewed by unauthorized persons.
Usage Details, IP Addresses, Cookies and Other Technologies
As you navigate through and interact with our Sites and Services, we may automatically collect certain information about your equipment, browsing actions and patterns, including without limitation:
The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve our Sites and Services and to deliver better and more personalized future services by enabling us to things such as:
The technologies we use for this automatic data collection may include:
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
We never sell your personal information or provide it to others for marketing purposes.
Disclosure of Your Information
We may collect and disclose anonymous and aggregated information about our users and subscribers, and other information that does not identify any individual, without restriction for the purposes of product research, to improve our Services, and for other commercial purposes.
We may disclose personal information that we collect or you provide as described in this privacy policy:
We may also disclose your personal information:
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Sites like message boards. The information you share in public areas may be viewed by any user of the Sites.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites or via our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites or via the Services.
PERSONAL DATA. DATA PROCESSING AGREEMENT
Generation Next Marketing may process personal data as part of the Service, to which certain data protection of privacy law may apply, including the European Union’s General Data Protection Regulation (“GDPR”). For the purposes of these TOS, personal data shall have the meaning set out in our Privacy Policy. Please refer to our Privacy Policy for complete information on what personal data we collect and how we process and disclose it.
Under the GDPR the Customer may qualify as the “controller” and Generation Next Marketing may qualify as the “processor” for personal data that Generation Next Marketing stores, transmits or manages for the Customer. By uploading and storing content on our servers you acknowledge and agree that Generation Next Marketing shall act as a data processor regarding your content. If GDPR applies, the relationship between you and Generation Next Marketing related to processing of your content is set out in our Data processing Agreement (DPA), which is an integral part of our Privacy Policy and these TOS. DPA shall be considered concluded between the Parties by acceptance of these TOS by the Customer. Customer must inform Generation Next Marketing if it (a) intends to use or access the Services relating to activities establishing Customer as a “controller” or “processor” in the European Union pursuant to Article 3 of the GDPR or (b) believes that the GDPR or other data protection or privacy laws apply for other reasons.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the primary e-mail address specified in your account and/or possibly through a notice on the Sites home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Sites and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at [email protected].
This Terms of Use (“TOS” or the “Agreement”) is a legally binding contract between Generation Next Marketing, Inc.,(“Generation Next Marketing") and you, as a user of or subscriber to Generation Next Marketing sites or services. The Generation Next Marketing Privacy Policy and Generation Next Marketing Community Etiquette are incorporated into this Agreement by reference.
Generation Next Marketing offers businesses and individuals access to a rich collection of resources related to search engine optimization, online marketing, and online local business listing management, including, without limitation, search engine optimization tools, link analysis tools, downloadable toolbars, application program interfaces (“APIs”), website profile services, search analytics, blogs, user-generated content, personalized content, industry surveys, and opinion polls. Collectively, we’ll refer to these resources as the “Services” in this Agreement. A User who pays for any portion of the Sites or Services shall be referred to as either a “Subscriber”
II. Conditions Governing Generation Next Marketing Subscribers.
If you purchase Generation Next Marketing services, you are subject to the following terms and conditions related to your purchase. If you purchase locations via a separately negotiated agreement, these terms also apply, but in case of any conflicts between that agreement and this TOS, the terms in the separately negotiated agreement will apply.
Generation Next Marketing Fees : You agree to make an immediate payment to Generation Next Marketing for each location for a recurring term (the “Term”) which begins on the date of payment. This payment, plus any future payment for that location based on renewal, shall together be referred to as “Generation Next Marketing Service Fees”. You understand that Generation Next Marketing assumes costs immediately after you submit data to Generation Next Marketing and acknowledge that as a result no partial or complete refunds will be issued by Generation Next Marketing to you – at any time, for any reason – once you have made a payment for Generation Next Marketing Local Services.
Scope of Generation Next Marketing Services : In exchange for your immediate payment per business location per term and compliance with the terms and conditions of this Agreement, Generation Next Marketing may distribute data to certain location data aggregators and business listing services and may offer additional reports and tools related to this data.
Taxes: You are responsible for all taxes associated with your purchase of Generation Next Marketing Local Services (such as sales tax), and such taxes will be in addition to the Generation Next Marketing Local Service Fees quoted.
Term: Unless otherwise stated in Your Subscription Agreement, Your Subscription has duration of one year (12 months). Your Subscription Agreement with Generation Next Marketing will commence on the day that You a) agree to the Subscription Agreement; or b) receive a copy of the Subscription Agreement; or c) pay the initial payment due for the Subscription, whichever is earliest. If a subscription is cancelled, you will be required to make all payments due during the duration of the Subscription including any previously waived setup fees if applicable regardless of whether You choose to use the Services available to You through Your Subscription.
Renewal: Each business location will auto-renew annually within 30 days of the anniversary of the initial payment for that location. Once a renewal payment is processed, no refunds will be provided for any reason. If your renewal payment fails, you will no longer have any rights under this Agreement related to your previously purchased Generation Next Marketing Local business location(s), including the right to manage your listing, until you are in good payment standing. Failure to renew a listing in a timely manner (prior to the date of annual renewal) will result in loss of custom pricing terms associated with a business location, if any.
Change in Generation Next Marketing Fees Upon Renewal: Generation Next Marketing may change its Generation Next Marketing Fees from time to time; with respect to renewals, Generation Next Marketing will provide no fewer than thirty (30) days of notice of such a change by electronic mail and/or posting of any new fee schedule on the Generation Next Marketing /local website.
Cancellation: You may cancel a service of a business location by contacting Generation Next Marketing directly at [email protected]. Each cancellation MUST be confirmed in writing by the client prior to final cancellation by Generation Next Marketing. Upon confirmation, cancellation is immediate and is not reversible and must be initiated prior to the expiration of any Term to avoid fees associated with renewal. Cancellation removes a project and its associated data from your dashboard. If you decide to reinstate service at another date, additional setup fees will be applicable.
Additional Generation Next Marketing Obligations and Acknowledgements:
- By purchasing Generation Next Marketing services, you warrant and acknowledge that you own each project or are otherwise authorized to represent the business location as of the date you make any payment of Generation Next Marketing.
- You agree to review and confirm the accuracy of submitted information about a listing periodically throughout any Term.
- You acknowledge that another agent may submit information to Generation Next Marketing Local or a location listing provider which may override information you submitted about a business location.
- You acknowledge that the services contemplated by this Agreement may involve sending location data to third party location listing providers who will then have the right to use this data in any way they wish, and Generation Next Marketing has no control over this data once it is pushed to third parties.
- You acknowledge that location data aggregators and business listing services are not obligated to accept your listing, or any or all of the information you submit via Generation Next Marketing Local related to a business location.
- You acknowledge that Generation Next Marketing reserves the right to change the mix of Generation Next Marketing Local location data aggregators and business listing services in current and future TOS at our discretion.
IV. Conditions Governing Subscriptions
Generation Next Marketing offers subscriptions to various software as a service products and these terms govern such subscriptions.
Payment for Subscriptions As a Subscriber, you must agree to the payment terms presented to you at the time you sign up for Services.
You are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You may not receive further notice of your renewal after signing up for a subscription. Subscriptions recur either monthly or annually in most cases, depending upon the renewal term you choose during the signup process.
You are responsible for ensuring that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use that credit card. Generation Next Marketing reserves the right to implement fraud-protection measures including, without limitation, temporarily charging small amounts to your credit card to determine that it is a valid credit card and you are authorized to use it.
Cancellation of Subscriptions. For security reasons, an email or phone call to Generation Next Marketing may not sufficient to cancel your Generation Next Marketing subscription. Cancellation does not entitle you to a refund under any circumstances. You will continue to have access to the Sites and Services you have paid for until the end of your subscription term but will lose access if the subscription is not in good standing.
No Refunds. Generation Next Marketing is not obligated to provide you a refund at any time. If you choose to cancel your Generation Next Marketing subscription during your subscription term, you will not be refunded, in whole or in part.
Multiple Subscriptions. Each Generation Next Marketing account has a single credit card associated with it. If a subscription to one Generation Next Marketing service is suspended due to Generation Next Marketing inability to process that credit card, and you subscribe to a second Generation Next Marketing service while that first service is suspended (by, for example, changing the credit card associated with your account) but before it is cancelled (a period which is currently 18 days, but is subject to change), Generation Next Marketing reserves the right to use the valid payment method associated with the second service to re-initiate the suspended service.
V. Conditions Governing All Users of Generation Next Marketing Sites and Services
The Services are available only to Users:
- Who are human (not bots, except for certain authorized API users) and 13 years of age or older, and Users who are also Subscribers or Customers must be at least 18 years old.
- Who submit truthful and accurate information about themselves and maintain the accuracy of such information.
- Who do not impersonate any other person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Sites.
- With a valid email address.
- Who do not to authorize others to use their account, profile, or messages.
You agree to inform Generation Next Marketing immediately upon learning of a security breach that relates to your account or a third party’s improper use of the Services in connection with your account.
You agree that your rights in a subscription or use of any paid Services (including, for example, the ability to change a password associated with a Generation Next Marketing Pro account) may be dependent upon demonstrating that you have paid for the subscription or Sites.
You acknowledge that if you sign up for any Services and pay via credit card, and Generation Next Marketing cannot charge your credit card at renewal, Generation Next Marketing may cancel your subscription and you may lose access to the Services and any data associated with your subscription.
While some Services may be paid for via invoice by mutual written agreement by you and Generation Next Marketing, Generation Next Marketing reserves the right to quote additional fees for invoiced accounts. If Generation Next Marketing has entered into an invoicing relationship with you, the following terms apply unless superseded by written agreement: you agree to pay all undisputed invoices within 10 days. You agree that Generation Next Marketing may charge interest of 1.5% per month for past due invoices, or the highest rate permitted by law, and you agree to be liable for reasonable attorney fees and collection costs arising from Generation Next Marketing’s efforts to collect on past due amounts; If you fail to pay an invoice, Generation Next Marketing reserves the right to cancel your subscription, access to any Services, and any data associated with your subscription or the Services.
You acknowledge that portions of the Sites and Services are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
Generation Next Marketing reserves the right to monitor your communications to the extent they are facilitated by the Sites or Services, and may disclose content and information about you, including content contained within your communications, if Generation Next Marketing deems it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this TOS, the Generation Next Marketing Privacy Policy, and/or the Generation Next Marketing Community Etiquette; or (3) protect the rights, property, personal safety, or interests of Generation Next Marketing, its employees, customers, or the public.
VI. User Obligations Regarding User Generated Content
Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a User uploads, publishes or displays on the Sites or in connection with the Services, whether publicly posted or privately transmitted, shall be referred to herein as “User Generated Content.” Users assume the following obligations with User Generated Content:
- Users assume legal responsibility for all User Generated Content.
- Users agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting, transmission or sharing of any User Generated Content via the Sites or Services.
- Users agree not to post, transmit, or share User Generated Content on the Sites or Services that User does not have permission to post, transmit or share.
VII. Generation Next Marketing Obligations Regarding User Generated Content
Generation Next Marketing assumes no obligations to screen and does not routinely pre-screen User Generated Content posted via the Sites or in connection with the Services. Generation Next Marketing does not guarantee the accuracy, integrity, appropriateness, quality, or validity of User Generated Content. User Generated Content does not necessarily represent the views or opinions of Generation Next Marketing and under no circumstances will Generation Next Marketing be liable in any way for any User Generated Content, including without limitation liability related to any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Sites. As such, you are solely responsible (at your own expense) for creating backup copies and replacing any User Generated Content you post or store on the Sites or otherwise provide to Generation Next Marketing. Notwithstanding its lack of obligation, Generation Next Marketing may remove any User Generated Content at any time at its sole discretion, including User Generated Content that in the sole judgment of Generation Next Marketing violates this TOS or which may be offensive, illegal, or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. Generation Next Marketing assumes no obligation to maintain or store your content. Generation Next Marketing may delete, modify, or restrict the display of User Generated Content at any time for any reason, including but not limited to a change in Subscriber account level, Services cancellation, violation of the TOS, or violation of the Generation Next Marketing Community Etiquette; once deleted, User Generated Content may not be retrieved.
VIII. Generation Next Marketing’s Permitted Use of User Generated Content and User Data.
Generation Next Marketing does not claim ownership of User Generated Content. Subject to the rights granted to Generation Next Marketing in this TOS, you retain full ownership of all of User Generated Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it.
When you post User Generated Content to the Sites, you authorize and direct Generation Next Marketing to make such copies as Generation Next Marketing deems necessary to facilitate the posting and storage of User Generated Content on the Sites and provide the Services to you.
You further authorize Generation Next Marketing to anonymize and aggregate User Generated Content and any data you share with us (“User Data”), including data associated with your google analytics and social media profiles. You authorize Generation Next Marketing to use such content and data, by way of example and not limitation, to enable Generation Next Marketing to provide current or future services and for bench marking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the Sites (including authorization to access any third party account or profile), you grant Generation Next Marketing, its affiliates and partners an irrevocable, perpetual, worldwide, royalty free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated User Generated Content and User Data, in all present and future media, and in any manner relating to the Sites or Services.
In addition, with respect to User Generated Content that you elect to post or transmit on the community portions of the Sites (“Interactive Content”), including without limitation your User Profile, You Generation Next Marketing, the Generation Next Marketing Blog, and the Q&A service, and any other future Generation Next Marketing sites or services that are designed to be viewed by the public or other Subscribers, you grant to Generation Next Marketing, its affiliates and partners an irrevocable, perpetual, worldwide, royalty free, non-exclusive, transferable license (with the right to sub-license) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such Interactive Content, in whole or in part, in all present and future media and in any manner relating to the Sites or Services (including, without limitation, in connection with the appearance of such Interactive Content on Generation Next Marketing and on the sites of our affiliates, partners and others with whom Generation Next Marketing may have business relationships relating to the Sites) and the distribution and promotion of the Sites. You further agree that Generation Next Marketing is free to use any ideas, know-how, concepts, techniques or other materials implied by Interactive Content.
You may remove Interactive Content from the Sites at any time. If you choose to remove Interactive Content, any license granted above for the content shared by on you on the community portions of the Sites will remain in effect. You acknowledge that Generation Next Marketing may retain archived copies of such Interactive Content.
IX. Services Limitations.
Generation Next Marketing may establish limits concerning use of the Services at its discretion, including by way of example the frequency with which you may access the Services or your ability to post User Generated Content. Generation Next Marketing reserves the right to modify or discontinue the Services (including any part or feature thereof) at any time without notice. You agree that Generation Next Marketing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
X. Beta Services
From time to time, Generation Next Marketing may add new features to the Services that may be described as “beta” services or features (collectively, “Beta Features”). Beta Features will be considered part of the Services and all provisions of this Agreement relating to the Services will apply to the Beta Features as well. Users acknowledge that Beta Features may be untested, non-functional, and/or partially functional features of the Services.
If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, Generation Next Marketing disclaims any and all warranties associated with any Beta Feature. Any risk that Beta Features may harm or interrupt the regular running of your software or hardware is borne entirely by Users.
XI. Services Credits
Generation Next Marketing may from time to time offer opportunities to earn credits toward future Services (“Services Credits”). For example, Generation Next Marketing may offer Generation Next Marketing Pro Services Credits to a User or Subscriber if that User or Subscriber refers a customer who purchases a Generation Next Marketing Pro Subscription and remains in good standing.
These Services Credits are awarded at the discretion of Generation Next Marketing. They may be revoked at any time, for any reason, at Generation Next Marketing’s discretion. In no event shall credits ever be redeemable for cash, exchanged, sold, or rolled into a separate account. Unused credits may expire at the discretion of Generation Next Marketing.
If, for example, Generation Next Marketing issues Services Credits for a referred account that is later deemed not to be an actual person or company, or the referred account is otherwise not in good standing, was fraudulently obtained, or later sought a refund for any payments associated with it, such Services Credits may be revoked and voided. Generation Next Marketing may also undertake other actions (such as terminating your subscription or banning you from any future referral program) for such behavior at the reasonable discretion of Generation Next Marketing.
XII. Trademarks; Copyrights; Proprietary Rights
Generation Next Marketing owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Sites (“Generation Next Marketing Content”). Generation Next Marketing Content specifically excludes User Generated Content.
Generation Next Marketing owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with Generation Next Marketing Content, the Sites, and the Services.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Generation Next Marketing Content in whole or in part except as expressly authorized in writing by Generation Next Marketing. Generation Next Marketing does not grant any express or implied rights in Generation Next Marketing Content to Users, and all rights in and to the Sites and to Generation Next Marketing’s Content are retained and reserved by Generation Next Marketing.
Moreover, the term Generation Next Marketing and anything on the Sites that identifies or distinguishes Generation Next Marketing from other goods are services are registered or unregistered trademarks of Generation Next Marketing (the “Generation Next Marketing Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the Generation Next Marketing Trademarks without Generation Next Marketing’s prior written consent.
XIV. User Indemnification of Generation Next Marketing for Certain Actions
Users agree to indemnify and hold Generation Next Marketing and its affiliates, officers, agents, subsidiaries, partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) User Generated Content or User Data you submit, post, transmit, or make available through the Sites or Services, (ii) your unauthorized use of the Sites or Services, (iii) your connection to the Services, including your use of the Services to provide a link to other Sites or to upload content or other information to the Sites, or (iv) your violation of the Terms Of Use or Generation Next Marketing Community Etiquette, or (v) your violation of any rights of another including but not limited to another’s copyright or other intellectual property right.
XV. Generation Next Marketing Warranties and Limitations
Generation Next Marketing provides the Services “as-is”. Generation Next Marketing provides no express warranties, guarantees, or conditions related to the Sites or Services. To the extent permitted by law, Generation Next Marketing disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement, and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, Generation Next Marketing does not warrant that the Sites or Services will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User or Subscriber. Users may have additional rights as a consumer under local law that this Agreement cannot change.
XVI. LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS
You acknowledge that Generation Next Marketing cannot provide the Services at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Sites or Services, you agree to limit Generation Next Marketing’s potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the bargain between Generation Next Marketing and you as a User.
Generation Next Marketing does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Sites or Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Sites. Under no circumstances will Generation Next Marketing or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Sites or transmitted to or by any Users.
To the extent permitted by applicable law, Generation Next Marketing shall not be liable for any consequential, special, or incidental damages or lost profits resulting from your access to or use of the Sites or Services, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. This includes your inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Services or any part thereof) the Sites or Services. Without limiting the foregoing, you specifically acknowledge that Generation Next Marketing is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to the Sites, Services or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Services and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Services in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or even if Generation Next Marketing knew or should have known about the possibility of the damages.
Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
XVII. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically and without limitation, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
XVIII. Miscellaneous Clauses
Changes to Services. Generation Next Marketing may change the Services from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Services. Generation Next Marketing reserves the right to cancel, suspend, or block your access to the Sites or Services at its sole discretion for violations of these terms, the Generation Next Marketing Community Etiquette, or for any other reason and without notice (subject to any contractual rights you have with specific Services), and access to any Services is dependent upon you complying with any applicable laws.
Electronic Form. By accessing the Sites or Services, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.
Notices. If Generation Next Marketing must send you additional information regarding the Sites or Services, or in connection with this Agreement, you consent to receiving this information electronically. Generation Next Marketing may provide required information to you by email at any address you registered with the Sites or Services or via the Sites or Services itself. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. Generation Next Marketingis not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.
Forum and Jurisdiction. This Agreement is governed by the laws of the State Florida, U.S.A., without regard to its conflict of law provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Seattle, Washington; to which jurisdiction and venue you and Generation Next Marketing each irrevocably consent.
Additional Rights and Obligations. If any provision of this TOS is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. Generation Next Marketing may assign rights or delegate duties under this TOS in connection with a merger, reorganization, or sale of substantially all of its assets. This TOS will bind successors and permitted assigns.
Entire Agreement. The Terms of Use (along with the Privacy Policy, Generation Next Marketing Community Etiquette, and any Subscriber agreement or other agreement incorporated by reference) constitutes the entire agreement between you and Generation Next Marketing and govern your use of the Services, superseding any prior agreements between you and Generation Next Marketing (including, but not limited to, any prior versions of the Terms of Use).
Generation Next Marketing PRIVACY POLICY
Introduction
Generation Next Marketing, Inc. (“Company,” “Generation Next Marketing,” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
Generation Next Marketing offers various services (the “Services”) to provide businesses and individuals access to a rich collection of resources related to search engine optimization and inbound marketing, including without limitation search engine optimization tools, link analysis tools, downloadable toolbars, application program interfaces (“APIs”), site profile services, search analytics, blogs, user-generated-content, personalized content and industry surveys and opinion polls. The Services include access to the website at www.generationextmarketing.com and any related website or domain operated by Company (the “Sites”).
This privacy policy describes the types of information we may collect from you or that you may provide when you visit our Sites or use our Services in general, and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
- On the Sites.
- In e-mail, text and other electronic messages between you and the Sites.
- Through mobile and desktop applications you download from the Sites or in connection with the Services, which provide dedicated non-browser-based interaction between you and the Sites.
This policy may change from time to time (see changes to our Privacy Policy below). Your continued use of this Sites or Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 13
Our Sites are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Sites or on or through any of its features/register on the Sites, make any purchases through the Sites, use any of the interactive or public comment features of the Sites or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Sites and Services, including information:
- by which you may be personally identified, such as name, postal address, e-mail address or telephone number (“personal information”);
- that is about you but individually does not identify you, such as your company name and job title; and/or
- about your internet connection, the equipment you use to access our Sites and usage details.
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies.
- From third parties, for example, our business partners and third party service providers with whom you have authorized us to collect data.
Information You Provide to Us
The information we collect on or through our Sites or Services may include:
- Information that you provide by filling in forms on our Sites. This includes without limitation information provided at the time of subscribing to the Services, and when you report a problem with our Sites.
- Records and copies of your correspondence (including e-mail addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Sites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Sites.
- Your search queries on the Sites.
- Information you enter into our Sites about your marketing activities so that we can provide Services to you.
You also may provide information to be published, displayed or transmitted (hereinafter, “posted”) on public areas of the Sites, or transmitted to other users of the Sites or third parties (collectively, “Interactive Content”). Your Interactive Content is posted on and transmitted to others at your own risk; we cannot control the actions of other users of the Sites with whom you may choose to share your Interactive Content. Therefore, we cannot and do not guarantee that Interactive Content will not be viewed by unauthorized persons.
Usage Details, IP Addresses, Cookies and Other Technologies
As you navigate through and interact with our Sites and Services, we may automatically collect certain information about your equipment, browsing actions and patterns, including without limitation:
- Details of your visits to our Sites, including traffic data, location data, logs and other communication data and the resources that you access and use on the Sites.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve our Sites and Services and to deliver better and more personalized future services by enabling us to things such as:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Sites according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Sites.
- Provide better services in the future.
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Sites.
- Flash Cookies. Certain features of our Sites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Sites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information.
- Web Beacons. Pages of our the Sites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Sites and their content to you.
- To provide you with information, products or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your subscriptions to the Services, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Sites or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Sites.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We never sell your personal information or provide it to others for marketing purposes.
Disclosure of Your Information
We may collect and disclose anonymous and aggregated information about our users and subscribers, and other information that does not identify any individual, without restriction for the purposes of product research, to improve our Services, and for other commercial purposes.
We may disclose personal information that we collect or you provide as described in this privacy policy:
- To our subsidiaries and affiliates.
- To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use the “e-mail a friend” feature of our Sites, we will transmit the contents of that e-mail and your e-mail address to the recipients.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Generation Next Marketing, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Sites like message boards. The information you share in public areas may be viewed by any user of the Sites.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites or via our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites or via the Services.
PERSONAL DATA. DATA PROCESSING AGREEMENT
Generation Next Marketing may process personal data as part of the Service, to which certain data protection of privacy law may apply, including the European Union’s General Data Protection Regulation (“GDPR”). For the purposes of these TOS, personal data shall have the meaning set out in our Privacy Policy. Please refer to our Privacy Policy for complete information on what personal data we collect and how we process and disclose it.
Under the GDPR the Customer may qualify as the “controller” and Generation Next Marketing may qualify as the “processor” for personal data that Generation Next Marketing stores, transmits or manages for the Customer. By uploading and storing content on our servers you acknowledge and agree that Generation Next Marketing shall act as a data processor regarding your content. If GDPR applies, the relationship between you and Generation Next Marketing related to processing of your content is set out in our Data processing Agreement (DPA), which is an integral part of our Privacy Policy and these TOS. DPA shall be considered concluded between the Parties by acceptance of these TOS by the Customer. Customer must inform Generation Next Marketing if it (a) intends to use or access the Services relating to activities establishing Customer as a “controller” or “processor” in the European Union pursuant to Article 3 of the GDPR or (b) believes that the GDPR or other data protection or privacy laws apply for other reasons.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the primary e-mail address specified in your account and/or possibly through a notice on the Sites home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Sites and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at [email protected].