1. Background
This is the official privacy policy and statement of California privacy rights ("Privacy Policy") for that certain website located at the URL: http://www.nexgenguest.com (collectively, including all Content available through the http://www.nexgenguest.com domain name and/or other related domain names which may point or direct a User to this website and any related websites (collectively, the "NEXGENGUEST WEBSITE") and that certain mobile application which functions in conjunction with the NEXGENGUEST WEBSITE, namely the NEXGENGUEST APPLICATION.
This Privacy Policy is also part of and subject to the terms of use for the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE (the "Terms and Conditions"), which can also be found at the NEXGENGUEST WEBSITE. LUCKYWORK, INC., a Delaware corporation, the provider of the NEXGENGUEST WEBSITE ("NEXGENGUEST" or "us" or "we"), is committed to protecting your privacy online.
By using the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE, you acknowledge that you have read and understood this Privacy Policy and agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this Privacy Policy, do not use the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE, or provide any information through or at the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE.
This Privacy Policy is intended to apply only to the Personal Information collected by NEXGENGUEST as a result of your use of the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE. For purposes herein, "Personal Information" means information such as your name, address, telephone number, blog or other personal website URL, date of birth, e-mail address, credit card and billing information, and banking, account and related financial information used in connection with Payment Processing Services and any other information that would allow someone to identify you or contact you.
NEXGENGUEST reserves the right, without advance notice to you, to revise this Privacy Policy at any time by posting the revisions and/or the revised Privacy Policy on the NEXGENGUEST WEBSITE. NEXGENGUEST encourages you to check this Privacy Policy and our Terms and Conditions often for updates.
2. General Privacy Information
The NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE are designed and targeted to United States ("U.S.") audiences and is governed by and operated in accordance with the laws of the United States. NEXGENGUEST makes no representation that the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE are operated in accordance with the laws or regulations of other nations.
If you are located in the European Union or elsewhere outside of the U.S. and you use the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE, you do so at your own risk and initiative and you are responsible for compliance with all of the laws and regulations that apply to you. Please be aware that any Personal Information you provide to NEXGENGUEST will be transferred to the U.S. and subject to U.S. law.
All Users of the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE are required to provide true, current, complete and accurate Personal Information when prompted and NEXGENGUEST will reject and delete any entry that NEXGENGUEST believes in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.
3. California Privacy Rights
A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purpose is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties' direct marketing purposes.
As stated in this Privacy Policy, NEXGENGUEST does not share Personal Information with third parties for their direct marketing purposes unless you agree to such disclosure — either by opting in to receive information from such a third party, or choosing not to opt-out from receiving such information.
If you are a California resident and request information about how to exercise your third party disclosure choices, you may contact us at:
- Email: legal@nexgenguest.com
- Mail: 835 Wilshire Blvd Suite 500, Los Angeles, CA 90017
All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. NEXGENGUEST will not accept requests via the telephone or by facsimile.
4. Collection and Use of Personal Information
NEXGENGUEST collects Personal Information about you when you use the NEXGENGUEST APPLICATION and/or visit the NEXGENGUEST WEBSITE and when you input information, provide a review or comment in the community discussions, participate in promotions, purchase products or services or in the course of any other exchanges of information, transactions and activities.
NEXGENGUEST may use the information NEXGENGUEST obtains from you, including Personal Information, to:
- tailor your experience with the NEXGENGUEST APPLICATION and on the NEXGENGUEST WEBSITE;
- display Content NEXGENGUEST thinks may be of interest to you; or
- customize what you see when you use the NEXGENGUEST APPLICATION and/or visit the NEXGENGUEST WEBSITE according to your preferences.
NEXGENGUEST may provide Offers through the NEXGENGUEST APPLICATION and/or on the NEXGENGUEST WEBSITE from particular Businesses who, as part of the Offer, request information about the individuals who redeem the Offers. In such cases, NEXGENGUEST may share some of your Personal Information with the Businesses, provided you opt-in to such use.
It is your responsibility to give NEXGENGUEST current, complete, truthful and accurate information and to keep the Personal Information that you provide to NEXGENGUEST up to date.
5. Registration
When you register with the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE, you may be required to provide NEXGENGUEST with your e-mail address, and may also be required to provide certain additional Personal Information, including certain credit card and billing information if you elect to make a purchase.
NEXGENGUEST will allow you to change the password portion of your User ID, as well as certain other Personal Information you have given NEXGENGUEST in order to keep your information current. As a registered User, you will also have the right to opt-out or change your preferences at any time by logging in with your User ID and changing the settings in your account.
If you are a registered User, you acknowledge, understand and agree that you are giving NEXGENGUEST your consent to track your activities, your use of the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE and its functions and features, and agree to this Privacy Policy and the terms of our Terms and Conditions.
6. Credit Card and Other Payment Processing Information
NEXGENGUEST may ask you to provide your credit card and billing information and banking, account and related financial information when purchasing a product or service using a Payment Instrument. Before providing a product or service to you, NEXGENGUEST must verify that the credit card, debit card or other Payment Instrument and any related Personal Information which you have provided is valid.
All such information, including any Personal Information, is used for Payment Processing Services only and is shared with third parties only as necessary to effect such Payment Processing Services. All credit card, debit card and other Payment Instrument information is handled over secure, encrypted connections; however, NEXGENGUEST does not guarantee that unauthorized access will never occur.
For purposes herein:
- Payment Processing Services means all services necessary to authorize, data capture, process, settle and reconcile transactions effected by Business with Users using Payment Instruments.
- Payment Instrument means a payment card, an account, or evidence of an account, authorized and established between a User and a Payment Brand and accepted by Businesses from Users as payment for a good or service.
- Payment Brand means Visa, MasterCard and any other association, payment brand, Payment Instrument issuer, debit network or payment methodology or system.
7. Promotions and Offers
From time to time, NEXGENGUEST may provide Promotions through the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE. Registration may be required to enter such Promotions. The Promotions may have a separate registration or entry process and may require your submission of Personal Information.
NEXGENGUEST may contact Users or others that have registered for or participated in various NEXGENGUEST Promotions, transactions or events, or send offers for the purchase of products and/or services that may be of interest to Users. If you do not want to receive such e-mails, you may use the opt-out mechanism that is contained in the e-mails NEXGENGUEST sends you.
8. Polls & Surveys
NEXGENGUEST may from time to time request that you participate in polls and/or surveys. The information you provide to NEXGENGUEST if you participate in such polls or surveys is provided voluntarily by you. If you participate in polls or surveys, you do so with the understanding that NEXGENGUEST reserves the right to store the information you provide and to use such information for the general improvement of the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE.
9. Facebook Connect
In the future, the NEXGENGUEST WEBSITE may allow Users to access Facebook Connect to communicate and share with friends on their walls and through news feeds. If you are logged into both the NEXGENGUEST WEBSITE and Facebook and the e-mail accounts used for both are identical, when you click on "Connect with Facebook" your profiles will merge.
Once you register on the NEXGENGUEST WEBSITE and Connect with Facebook, you will be able to automatically post recent activity back to Facebook. You have the option to disable Facebook Connect at any time by logging into "My Profile" and clicking on "My Facebook Profile."
10. Use of Communities
NEXGENGUEST may provide community discussions pages and/or similar features and functions on or through the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE (e.g. discussion boards, blogs, product or service reviews). Please remember that any information disclosed in these venues is automatically made public and may appear on other websites or web searches.
You should exercise caution when disclosing any Personal Information in such communities, as you do not know who will access and use your Personal Information or for what purposes. NEXGENGUEST will be in no way responsible for the accuracy, use, or misuse of any information that you disclose or receive through these venues.
11. Sharing of Aggregate Information with Third Parties
Some of the aggregate data NEXGENGUEST collects in connection with the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE may be shared with Businesses and other business partners of NEXGENGUEST and/or its Affiliates, but NEXGENGUEST does not give any Personal Information to them as part of the relationship except as described in this Privacy Policy.
12. Disclosure to Third Parties
NEXGENGUEST does not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our Businesses, except in the limited circumstances referenced herein. When NEXGENGUEST discloses your Personal Information to Businesses, NEXGENGUEST will ask you to opt-in to do so, in which case their use of your information is subject to the Businesses' own privacy policies.
NEXGENGUEST may disclose Personal Information to Affiliates for marketing or administrative purposes or to facilitate the delivery of deals for products and services, news, loyalty programs and other initiatives.
13. Operational Service Providers
NEXGENGUEST retains the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE services, features, functions and operations. NEXGENGUEST will refer to these third parties as "operational service providers."
NEXGENGUEST uses operational service providers to efficiently provide the full range of Content and the services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with the NEXGENGUEST APPLICATION or the NEXGENGUEST WEBSITE.
14. Other Non-Affiliated Third Parties
NEXGENGUEST will make your Personal Information available to non-affiliated third parties in the following limited circumstances:
- When NEXGENGUEST is compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
- If NEXGENGUEST believes your actions violate any law, regulation, our Terms and Conditions, this Privacy Policy, or any of our other terms and conditions;
- If, in its sole discretion, NEXGENGUEST believes such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect NEXGENGUEST's business and assets, or to defend NEXGENGUEST's interests; or
- In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving NEXGENGUEST.
15. Security & Protection of Personal Information
NEXGENGUEST maintains reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission.
NEXGENGUEST also limits access to the NEXGENGUEST APPLICATION and the NEXGENGUEST WEBSITE by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes.
16. Review, Update or Delete Your Personal Information
Generally, you may review, update or delete your Personal Information contained in your profile which may be accessed through your account settings once you have registered with NEXGENGUEST through the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE.
Deletion or attempted deletion of certain Personal Information, such as your User ID, may not be permitted and/or may result in suspension or termination of any registration you may have made.
Parents (including legal guardians) of minors that become registered through the NEXGENGUEST APPLICATION or on the NEXGENGUEST WEBSITE in violation of the Terms and Conditions who wish to terminate the minor's registration must contact us at:
- Email: legal@nexgenguest.com
- Mail: 835 Wilshire Blvd Suite 500, Los Angeles, CA 90017
17. Cookies
When you visit the NEXGENGUEST WEBSITE, NEXGENGUEST may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser. NEXGENGUEST uses 'cookie' technology to collect data regarding your visits to the NEXGENGUEST WEBSITE.
NEXGENGUEST uses both session cookies and persistent cookies:
- Persistent cookies remain after you close your browser and may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions.
- Session cookies are temporary and disappear after you close your browser.
You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the NEXGENGUEST WEBSITE may not function properly if the ability to accept cookies is disabled.
18. Log File Information
When you use the NEXGENGUEST WEBSITE, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of your request.
19. Web Beacons
When you use the NEXGENGUEST WEBSITE, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our Users to track which emails are opened by recipients.
NEXGENGUEST uses tracking information on an aggregated basis to help NEXGENGUEST operate the NEXGENGUEST WEBSITE, enhance and improve NEXGENGUEST's service, improve the look of the NEXGENGUEST WEBSITE and display advertising and marketing information.
20. Advertisements/Links
The NEXGENGUEST APPLICATION and/or WEBSITE may contain advertisements, references and links to other websites and organizations. NEXGENGUEST may also use third parties to display or serve advertising on the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE.
Often these third party Businesses employ cookie and web bug technologies to measure advertising effectiveness. The use of such technology by these third parties is within their control and not in the control of NEXGENGUEST. This Privacy Policy does not cover any use of Personal Information that an Advertiser or ad server may collect from you.
21. User Postings
Users that submit Postings in Communities in accordance with our Terms and Conditions and related agreements agree to have certain Personal Information posted on the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE in connection with the display of the User's content which make up such Posting.
NEXGENGUEST reserves the right to monitor, edit, and disclose your use of the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE, information pertaining to any e-mail or Posting or its contents to a third party, particularly if NEXGENGUEST believes such action is required by law or is necessary to protect and defend our rights.
22. Reservation of Rights
NEXGENGUEST reserves the right to deny access, use and registration privileges to any User, including, without limitation, a User of any services, features or functions of the NEXGENGUEST APPLICATION and/or the NEXGENGUEST WEBSITE, if NEXGENGUEST believes there is a question about the identity of the person trying to access any services, features or functions.
If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, NEXGENGUEST will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.
23. Questions
If you have questions about this Privacy Policy or if you do not understand any information about how NEXGENGUEST collects, maintains, uses or shares your personally identifiable information, please contact us at:
NexGen Guest
Email: legal@nexgenguest.com