WEBSITE PRIVACY POLICY

At Gen5 (referred to as “Company,” “us” or “we”), we recognize that your privacy is important. This Website Privacy Policy (the “Policy”) discloses the privacy practices for the Company’s website, and any subsets or affiliate websites thereof (collectively, the “Site”), as well as related Site services, features or opportunities we may offer to you (collectively referred to as the “Services”). This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of the Site.

You acknowledge that this Policy is designed to be read in connection with the Website Terms and Conditions of Use (the “Terms”), to which this Policy is attached as Attachment 1, and that by accessing or using our Site, you agree to be bound by the Terms, as well as this Policy.

The Company may revise this Policy at any time by updating this Agreement and posting it on the Site.  Accordingly, you should visit the Site and review the Policy periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Policy signifies and confirms your acceptance of any such changes or amendments to the Policy.

If you have any questions about this Policy, please feel free to contact us at . 

IMPORTANT: BY USING THE SITE AND ACCESSING THE SERVICES, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.

1. Types of Information We Collect.

We collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information.

Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Site, such as downloading a white paper or case study, submitting an application for employment, contacting us for information or marketing purposes, or sending us feedback, we may ask you to provide, or you may choose to provide, certain information about yourself.

Examples of PII may include your first and last name, email address, mailing address (including zip code), employer, job title and department, telephone and other identifying information.  In the specific case of an employment application, we anticipate that you will likely provide additional, detailed information regarding your employment, educational history and appropriate personal information as may otherwise be included in a resume.  Any and all such personal information shall be deemed PII as defined herein. 

Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregate basis. This information may include the Site’s Uniform Resource Locator (“URL”) that points to the website you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol (“IP”) address.

2. How We Collect and Use Information.

We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain features or services available on the Site. As previously referenced in Section 1 of this Policy, these may include downloading a white paper or case study, submitting an application for employment, contacting us for information or marketing purposes, or sending us feedback.

We will primarily use your PII to enhance the Site and the Services, and to enable to the Company to better serve its customers on a company-wide basis. We will also use certain forms of PII to enhance the operation of the Site, improve our internal marketing and promotional efforts, statistically analyze Site use, improve our service offerings, and customize our Site’s content, layout and feature, to include and certainly not be limited to the general enhancement of the Services. We may use PII to deliver information to you and to contact you regarding administrative notices.

We may also collect certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer the Site and to gather demographic information.

3. Cookies.

Depending on how you use the Site, we may store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your name to welcome you back to our Site. We may use cookies to perform tasks such as: monitoring aggregate site usage metrics, storing and remembering your passwords (if you allow us to do so, and as applicable to your position as a customer, guest, etc.), storing account preferences that you have set, and personalizing the Services we make available to you. However, we do not use cookies to track your browsing behaviors.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.

4. Release of Information.

Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

5. Updating and Correcting Information.

We believe you should have the ability to edit or update the PII that you have provided to us. You may correct your personal information and privacy preferences by emailing or writing us at:

Gen5

20 W. Woodrow Avenue

Belmont, North Carolina 28012

Attn: COO

Email: privacy@gen-5.com

 

Please include your name, address, and/or email address when you contact us.

You may ask to have any PII retained by the Company deleted or removed; however, some information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.

6. User Choices on Collection and Use of Information.

We may, from time to time, send you email regarding new features and services that we feel may interest you. Only the Company (or agents working on behalf of Company) will send you these solicitations, and only if you have previously indicated that you wish to receive them. If you do not want to receive solicitations from us, you can “opt-out” to no longer receive such offers and mailings, as directed within the respective communication.

You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Site may not work properly in your case.

7. Security of Your PII.

At our Site you can be assured that your PII is secure, consistent with current industry standards. We strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:

• We work hard to ensure that the data we collect is reliable, accurate, complete and current. We also only keep collected information for as long as reasonably necessary and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
• We limit access to PII only to specific employees, contractors and agents who have a reasonable need to come into contact with your information. Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed.

8. Applicable Law. You agree that the laws of the state of North Carolina, without regard to conflicts of law provisions, will govern the Policy and any dispute that may arise between you and the Company or its affiliates relative to the Policy.
9. Miscellaneous

If you have any questions, concerns or inquiries about our Privacy Policy, or our use of your PII, or our privacy practices, please contact us at: privacy@gen-5.com. You can also reach our Privacy Compliance Officer by sending written correspondence to:

Gen5

20 W. Woodrow Avenue

Belmont, North Carolina 28012

Attn: COO

 

WEBSITE TERMS AND CONDITIONS OF USE

Welcome to the website of Gen5 (the “Company”). By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. This Website Terms and Conditions of Use agreement (“the “Agreement”) specifies the terms and conditions for access to and use of WWW.GEN-5.COM (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site, and includes any subsets or affiliate websites thereof. This Agreement may be modified at any time by us upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at WWW.GEN-5.COM/PRIVACY-TERMS/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Your visit to our Site is also governed by our Privacy Policy. Our Privacy Policy is attached to this Agreement as Attachment 1. Any updates to our Privacy Policy shall be likewise be posted at WWW.GEN-5.COM/PRIVACY-TERMS/.
3. All content included on the Site is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement or any express Site terms relative to a specific function. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Gen5 and other marks are either trademarks or registered trademarks of the Company. Other company names or marks mentioned on this Site may be trademarks of their respective owners.
5. Site Use. The Company grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use Company materials or information in violation of any law. The use of this Site is at the discretion of the Company and the Company may terminate your use of the Site at any time.
6. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
7. You agree to indemnify, defend and hold the Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.
8. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE COMPANY WAIVES ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

10. Use of Information. The Company reserves the right, and you authorize the Company, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
11. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

COO
Gen5
20 W. Woodrow Avenue
Belmont, North Carolina 28012

privacy@gen-5.com

12. Applicable Law. You agree that the laws of the state of North Carolina, without regard to conflicts of law provisions, will govern these Terms and Condition of Use and any dispute that may arise between you and the Company or its affiliates.
13. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
15. The Company may terminate this Agreement at any time, with or without notice, for any reason.
16. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.
17. Entire Agreement. This Agreement constitutes the entire agreement between you and the Company and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. The Company may revise this Agreement at any time by updating this Agreement and posting it on the Site.  Accordingly, you should visit the Site and review the Agreement periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to the Agreement.
18. Contact Information.

Gen5
20 W. Woodrow Avenue
Belmont, North Carolina 28012
(704) 755-5040

privacy@gen-5.com

Last updated May 21, 2019