TERMS OF USE/PRIVACY POLICY/ COOKIE POLICY

Terms of Use

These Terms of Use (“Terms of Use”) govern your access to and use of this website (“Our Website”). Our Website, including all information, tools and services available through Our Website, provided by Brandgenuity LLC (“Brandgenuity”, “us”, “our” or “we”) to you, the user, are conditioned upon your acceptance of these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE OUR WEBSITE.

The content on Our Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Brandgenuity licensors, and other materials (the “Content”) is protected by intellectual property rights under both United States and foreign laws. Ownership of all intellectual property rights in such Content remains with Brandgenuity or our licensors. All rights not expressly granted herein are reserved to Brandgenuity and its licensors. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Except as otherwise stated herein, you may not, without Brandgenuity’s written permission, “mirror” any Content contained in Our Website or any other server and you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of Our Website or the Content other than as expressly authorized by Brandgenuity in writing.

All trademarks, trade names, logos, images, service marks, trade dress, Content and third-party content displayed on Our Website (collectively, the “IP”) are the property of Brandgenuity or its licensors, content providers or other third parties. Nothing in these Terms of Use or on Our Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any IP without the prior written consent of Brandgenuity or the owner of the IP.

You acknowledge that you are responsible for any material you may submit through Our Website, including but not limited to the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through Our Website any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto Our Website.

If you do submit material, you grant Brandgenuity an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Brandgenuity and its assignees are free to use, without consideration, any ideas, concepts, know-how that you or individuals acting on your behalf provide to Brandgenuity. You grant and are authorized to grant Brandgenuity and its assignees the right to use, without consideration, any name or likeness you submit in connection with such material. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate, is non-infringing and does not otherwise violate the rights of any person or entity and conforms to all applicable law; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Brandgenuity for all claims resulting from content you supply.

Each document published by Brandgenuity on this server may contain other proprietary notices or describe products, services, processes or technologies owned by Brandgenuity or third parties. Nothing contained herein shall be construed as creating any license or right under copyright, trademark, or other intellectual property right of Brandgenuity or any third party.
Anyone using this website agrees that Brandgenuity may monitor the website contents periodically to comply with any necessary laws, regulations or other governmental requests or to operate the website properly or to protect itself and its users. However, Brandgenuity is under no obligation to monitor the information residing on or transmitted to this website.,
We make no warranties or representation as to the accuracy of the information contained in this website and assume no liability or responsibility for any errors or omissions in its contents or for any claims that the use of the materials displayed infringes upon the rights of third parties. Without limiting the foregoing, everything on this site is provided to you "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose or title, non-infringement or freedom from computer virus.

You agree to indemnify, defend and hold harmless Brandgenuity and the respective third parties from all damages, costs and expenses, including reasonable attorneys' fees and costs arising from any violation of these terms and conditions or any activity related to your internet account, including but not limited to negligent or wrongful conduct, by you or any other person accessing the website using your internet account.

Brandgenuity reserves the right in its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on Our Website. It is your responsibility to check for any changes we make to these Terms of Use each time you use Our Website or any portion thereof. Revised terms will take effect five days after their publication on Our Website and will apply only on a going-forward basis. Your continued use of Our Website after that point signifies that you accept the changes.

Privacy Policy

Introduction:

In this policy, “we”, “us” and “our” refers to Brandgenuity and its subsidiaries and “our Website” refers to our website, www.brandgenuity.com.  We are committed to protecting and respecting the privacy of our Website visitors and our service users.  Our Website uses Cookies.  By using or accessing our Website, you are consenting to our use of Cookies.  Please see our Cookie Policy below for more information regarding the use of Cookies on our Website.

This Privacy Policy provides information to you about the basis on which any personal data we collect from you, or that you provide to us, will be processed by us if you use our Online Approval System (our "Service"). In addition, we inform you of any rights that you have with respect to your personal data.

This policy is to apply where we are acting as a data controller with respect to the personal data of our Website visitors and Service users.

Who We Are:

We are Brandgenuity and affiliates.  We can be reached via postal mail at:

Brandgenuity LLC
1700 Broadway #1501
New York, NY 10019

Brandgenuity Europe Limited
Eagle House, 167 City Road,
London EC1V 1AW
United Kingdom 

Brandgenuity GmbH
Theresienstraße 56a in
80333 München
Germany

Brandgenuity Asia Limited
Suite 1504, 15/F Chinachem
Tower 34-37 Connaught Rd
Central
Hong Kong

You may also contact our data protection officer at cdp@brandgenuity.com.

What Information We Collect:

Personal data means any information relating to an identified or identifiable natural person.

We collect your personal data if you provide it to us when you use our Service. Other data is automatically recorded by our IT systems when you use our Service. Further details can be found below.

How We Collect Personal Data:

Our Website uses Google Analytics.  Information on how Google Analytics collects and processes data can be found by visiting the “How Google uses data when you use or partners’ sites or apps” page or any other URL Google may provide from time to time.  Google Analytics transmits website traffic data to Google servers in the United States.  We do not store any of this data on our own system or server. 

We collect your personal data if you provide it to us when you use our Service or when you communicate with us directly via email. Other data is automatically recorded by our IT systems when you use our Service. Further details can be found below.

What Personal Data is Processed and for What Purpose:

Use of Our Website:

When you use our Website, our IT systems automatically collect and store so-called log file information that your internet browser transmits to us.  This information is required for technical reasons to enable you to use our Website and to ensure technical stability.  Such log file information includes:

  • Internet browser type/version

  • Operating system

  • http referrer (the website you visited previously)

  • Host name of the accessing computer (your IP address)

  • Date and time of the server request

  • Requested website

IP addresses are stored in our log files, so that in the event of an attack on our IT systems we can pursue our rights and restore the security of the IT systems (our legitimate interest, legal basis is art. 6 para. 1 sentence 1 f) GDPR).

Except for the IP address, we cannot identify any natural person with this log file data. Identification via the IP address will occur only in case of an attack.

Use of Our Service:

When you use our Service, our IT systems automatically collect and store so-called log file information that your internet browser transmits to us.  This information is required for technical reasons to enable you to use our Service and to ensure technical stability.  Such log file information includes:

  • Internet browser type/version

  • Operating system

  • http referrer (the website you visited previously)

  • Host name of the accessing computer (your IP address)

  • Date and time of the server request

  • Requested website

IP addresses are stored in our log files, so that in the event of an attack on our IT systems we can pursue our rights and restore the security of the IT systems (our legitimate interest, legal basis is art. 6 para. 1 sentence 1 f) GDPR).

If you are registered as a user of our Service, you are either a client or acting as a client's agent (e.g. an employee).  You may have also given us Personal Data over the course of past business dealings. We will in this case collect the following information from you as compulsory information (legal basis is art. 6 para. 1 sentence 1 b) GDPR):

  • First and Last Name

  • E-mail Address

We store and use your personal data to set up and manage your user account. Your registration data will be deleted if you (or our client) tell(s) us that the user account should be discontinued, unless we have the right for further storage of the data for another legal reason.  From time to time we may use information that we observe about you from our communications with you, your interactions with our Service and/or your e-mail address to send you marketing material via e-mail, where you have consented to receive such marketing communications, or we have another lawful basis to do so.  You can deny consent to be reached via e-mail for these purposes or request to have your Personal Data deleted by contacting cdp@brandgenuity.com.

Recipients of Your Personal Data/Third Country Transfers:

Your personal data may be disclosed to or transmitted to IT service providers. The IT service providers are carefully selected by us and work for us as a processor.

We may share your Personal Data with third party e-mail marketing providers who assist us in delivering our email marketing campaigns to you.

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA").

Facebook:

Our Website contains features of Facebook, Inc., 1 Hacker Way, Menlo Park, California 94025, USA.  If you use Facebook, Facebook links your Facebook account with the websites you use.  We have no control over the nature and extent of the data possessed by Facebook, the nature of the processing and use or the disclosure of this data to third parties.

We, as the provider of our Website, are not informed by Facebook about the content of the transmitted data or the data usage. You can find more information at the following link: https://www.facebook.com/full_data_use_policy

LinkedIn:

Our Website contains features of LinkedIn Corporation, 350 5th Ave, New York, NY 10118, USA.  If you use LinkedIn, LinkedIn links your LinkedIn account with the websites you use.  We have no control over the nature and extent of the data possessed by LinkedIn, the nature of the processing and use or the disclosure of this data to third parties.

We, as the provider of our Website, are not informed by LinkedIn about the content of the transmitted data or the data usage.  You can find more information at the following link: https://www.linkedin.com/legal/privacy-policy

Twitter:

Our Website contains features of Twitter, Inc., 795 Folsom Street, Suite 600, San Francisco, CA 94107, USA. If you use Twitter, Twitter links your Twitter account with the websites you use. We have no control over the nature and extent of the data processed by Twitter, the nature of the processing and use or the disclosure of this data to third parties.

We, as the provider of our Website, are not informed by Twitter about the content of the transmitted data or the data usage. You can find more information at the following link: http://twitter.com/privacy

Please note, however, that you have the option to change your privacy settings on Twitter in your account settings at http://twitter.com/account/settings.

Links to Third Party Websites:

Our Website, Service, newsletters, email updates and other communications may, from time to time, contain links to and from the websites of others, including but not limited to our clients, retail partners, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.

Know Your Rights:

Users of our Website and/or Service generally have the right to access their Personal Data.  Therefore, when proper, we provide users with the right to access to their Personal Data maintained by us.  We also provide a reasonable opportunity for those users to correct, amend or delete the information where it is inaccurate or has been processed in violation of the GDPR, as appropriate.  We may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the user’s privacy in the case in question, or where the rights of persons other than the user would be violated.  Users may request access to their Personal Data by contacting us by postal mail or by email at the addressed listed above.

Users may file a complaint concerning our processing of their Personal Data.  We will take steps to remedy issues arising out of our alleged failure to comply with the GDPR.  Users may contact us at the above listed addresses regarding about complaints regarding our Personal Data Practices.  Users also have the right to lodge a complaint with a supervisory authority.

CALIFORNIA PRIVACY RIGHTS

California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to our ability to verify your request and certain other limitations:

  • Information about You: You may ask for us to state what categories of personal information about you we have, and the categories of sources from which we collect your personal information.

  • Receive a Copy of Your Data: You may request the categories and specific pieces of information (if any) we have about you, the categories of personal information that we have disclosed about you for a business purpose, and the categories of third parties with which we have shared personal information in the previous 12 months.

  • Delete Your Data: You may request that we delete the personal information we have collected from you.

  • Non-Discrimination: California law prohibits discrimination against you for exercising your privacy rights.
    Note: Where certain technologies rely on your data to provide the Services, the absence of that data may impact the operation of the Services.

How to Exercise Your Rights:

To exercise any of the above rights, please follow the instructions below:

  • Make a request by email to cdp@brandgenuity.com

Changes to Our Privacy Policy:

Any changes we make to our Privacy Policy will be posted on this page.  Please check back regularly to see any updates or changes to our Privacy Policy.  If you do not agree or consent to these updates or changes, please discontinue use of our Website and Service.

Cookie Policy

To improve your experience on our Website, we may use Cookies. You may refuse the use of Cookies by following the procedures listed below, however, please note that if you do this you may not be able to use the full functionality of our Website. By using or accessing our Website, you are consenting to our use of Cookies as follows:
This policy helps to explain the occasions when and why cookies may be sent to visitors to our Website. “Cookies” are text-only pieces of information that a web site transfers to an individual’s hard drive or other web site browsing equipment for record-keeping purposes. Cookies allow the website to remember important information that will make the use of a website more convenient. A cookie will typically contain the domain from which the cookie has come, the “lifetime” of the cookie and a randomly generated unique number or other value.

Our Website uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. We do not store any of this data on our own system or server. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage. Google Analytics gathers information about website use by means of Cookies. Google’s privacy policy is available at https://www.google.com/policies/privacy/. We do not use any of the Google Analytics Advertising features or remarketing tools.

Third-party Cookies may also be used by Google Analytics. A list of the Cookies used by Google Analytics can be found here.

How to Opt Out:

Website users who do not want their data collected with Google Analytics can install the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) running on websites to prohibit sending information to Google Analytics.

To opt-out of Analytics for the web, visit the Google Analytics opt-out page and install the add-on for your browser.  For more details on installing and uninstalling the add-on please see the relevant help resources below for your specific browser:

Updates to your browser or operating system may affect the functionality of the opt-out add-on after sending data to Google Analytics. Learn about managing add-ons for Chrome here. If you are not using Chrome, check directly with the manufacturer of your browser to determine whether add-ons will function properly on the browser version that you are using.

The latest versions of Internet Explorer sometimes load the Google Analytics opt-out add-on after sending data to Google Analytics. Therefore, if you are using Internet Explorer, the add-on will set Cookies on your computer. These Cookies ensure that any collected data is immediately deleted from the collection server. Please make sure that third party Cookies aren’t disabled for your Internet Explorer browser. If you delete your Cookies, the add-on will, within a short timeframe, reset these Cookies to ensure that your Google Analytics browser add-on remains fully functional.

The Google Analytics opt-out browser add-on does not prevent data from being sent to the website itself or in other ways to web analytics services.

Effective as of September 1, 2020