GENERATE, LLC SUPPLEMENTAL CALIFORNIA (CCPA) PRIVACY NOTICE

Contents

• INTRODUCTION
• RIGHT TO KNOW
• RIGHT TO CORRECT
• RIGHT TO REQUEST DELETION
• RIGHT TO NONDISCRIMINATION
• RIGHT TO OPT-OUT OR OPT-IN OF SALE OF PERSONAL INFORMATION
• SUBMISSION OF REQUESTS TO KNOW AND/OR REQUESTS TO DELETE
• PERSONAL INFORMATION WE REQUEST
• HOW WE COLLECT PERSONAL INFORMATION
• HOW WE USE PERSONAL INFORMATION
• HOW WE SHARE PERSONAL INFORMATION
• DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE
• SHARING OF PERSONAL INFORMATION
• OTHER CALIFORNIA PRIVACY RIGHTS
• CHANGES TO THE SUPPLEMENTAL PRIVACY Notice
• CONTACT

Last modified: July 17, 2024

Introduction

This Supplemental Privacy Notice for California Residents (“Supplemental Privacy Notice”) supplements and is expressly made part of the information contained in Generate, LLC’s (Generate) Privacy Policy, and it applies solely to the visitors to our websites, and others who reside in the State of California (“consumers” or “you”). We adopt this Supplemental Privacy Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”)and the Consumer Privacy Rights Act of 2020 (“CPRA”), collectively known as CCPA/CPRA.

For purposes of this Supplemental Privacy Notice, “Personal Information” means information that identifies, relates to, describes, is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Personal Information does not include: de-identified or aggregated consumer information; health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the California Confidentiality of Medical Information Act; or information covered by certain sector-specific privacy laws including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, or the California Financial Information Privacy Act. All other capitalized terms used in this notice have the same meanings as in the Privacy Policy.

If you are a California resident who has provided Personal Information to Generate or a California resident who believes Generate collected your Personal Information, you may exercise your rights under CCPA/CPRA as explained in the Supplemental Privacy Notice.

Right to Know

Subject to certain limits, you may ask us to provide you with the following information for the 12-month period preceding your request:

1. The categories of Personal Information we collected;
2. The categories of sources from which the Personal Information was collected;
3. The business or commercial purposes for collecting Personal Information;
4. The categories of third parties with whom we shared the Personal Information;
5. The specific pieces of Personal Information we collected about you (also called a data portability request);
6. If we disclosed Personal Information for a business purpose, a list of the disclosures for a business purpose and the Personal Information categories that each category of recipient purchased.

You may make no more than two requests for information in a 12-month period.

Right to Correct

You may ask us to correct the personal information that you have shared with us (the ‘right of rectification’) if that information is inaccurate. Please email the details to securityrequest@generatepics.com and we will help rectify it.

Right to Request Deletion

You may also ask us to delete any Personal Information that we have collected from you. This request, once verified, will delete all Personal Information that is associated with the email address you provided in your request. Under the CCPA/CPRA, we are not required to delete Personal Information that is necessary to: provide our services; detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; debug to identify and repair errors that impair our sites and/or services; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with a legal obligation; or use Personal Information internally, in a lawful manner that is compatible with the context in which you provided it.

Right to Nondiscrimination

We will not discriminate against you for exercising your rights under the CCPA/CPRA, including by:

1. Denying you good or services;
2. Charging you different prices or rates for goods or services, including through granting discounts or other benefits or through imposing penalties;
3. Providing you a different level or quality of goods or services; or
4. Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods.

However, the CCPA/CPRA permits us to offer you certain financial incentives that can result in different prices, rates, or quality levels, which are related to the value of your Personal Information. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Right to Opt-Out or Opt-In of Sale of Personal Information

The CCPA/CPRA does grant consumers rights with respect to the sale of their Personal Information. If you are 16 years of age or older, you have the right to direct companies not to sell your Personal Information at any time. If you are between 13 and 16 years of age, your Personal Information can only be sold by companies that you affirmatively authorize to sell your Personal Information. If you are less than 13 years of age, your Personal Information can only be sold by companies that your parent or legal guardian affirmatively authorizes to sell your Personal Information. Generate (including its website, any mobile applications, and services included therein) is intended for a general audience and is not intended for use or view by children under 13 years of age, and we do not knowingly collect information about children or sell products to children. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. If you are under the age of 13, you must ask your parent or guardian to assist you in using the System. Furthermore, we may restrict entries to any contests, sweepstakes, or promotions to entrants who are at least 18 years of age.

Consumers who opt in to Personal Information to Personal Information sales may opt out of future sales at any time.

Submission of Requests to Know and/or Requests to Delete

You may submit a request to know or a request to delete by submitting an email request to securityrequest@generatepics.com. We are required to verify your identity before responding to a request to know or a request to delete. 

Generally, we will process and respond to your request within 45 days. As permitted by the CCPA/CPRA, if we need more time to respond, we will tell you why and our time to respond will be extended by an additional 45 days (up to 90 days total).

Once you have submitted a request, we will send you a receipt acknowledging your request within 10 days. Please be sure to check your email spam folder or filter for this receipt. If you do not receive such a receipt within 10 days of your submitted request, please send an email to us at securityrequest@generatepics.com because an error may have occurred.

You also have the right to designate an agent to exercise these rights on your behalf. We may require proof that you have designated an agent to exercise these rights on your behalf and to verify your identity directly with us. Please contact us at securityrequest@generatepics.com for more information if you wish to submit a request through an authorized agent.

PERSONAL INFORMATION WE REQUEST

Personal Information does not include:

1. Publicly available information from government records
2. De-identified or aggregated consumer information.
3. Information outside CCPA/CPRA’s scope such as:

1. Communicating with you via social media platforms;
2. Personalizing your online experience and providing advertisements, content, or features that match your profile and interests;
3. Monitoring and analyzing trends, usage, and activities;
4. Administering sweepstakes, contests, promotions, and surveys.

How We Collect Personal Information

All of the categories of Personal Information we collect about you come from the following categories of sources:

1. Directly from you – for example, forms on our websites.
2. Indirectly from you – for example, from observing your actions on our websites or other websites, such as through the use of cookies and other online tracking technologies, or from your transaction history on our websites.
3. Our affiliate businesses – for example, from LaCalle Group, LLC, Simucase, LLC, Continued.com, LLC, SpeechPathology.com, LLC, OccupationalTherapy.com, LLC, Audiology Holdings, LLC d/b/a AudiologyOnline, and/or PhysicalTherapy.com, LLC.
4. Third parties – for example, from analytics providers such as Google Analytics.

How We Use Personal Information

We may use or disclose the Personal Information we collect about you as described in our Privacy Policy. We may also use or disclose your Personal Information for one or more business purposes:

1. To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that Personal Information to respond to your inquiry. We may also save your Personal Information to notify you about any products or services we, or our affiliate’s, offer or provide. 
2. To provide, support, personalize and develop our websites, products and services.
3. To process your requests to prevent transactional fraud.
4. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
5. To personalize your experience on our websites and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our websites, through third-party sites, and via email or text message (with your consent, where required by law).
6. To help maintain the safety, security and integrity of our websites, products and services, databases, and other technology assets and our business.
7. For testing, research, analysis, and product development, including to develop and improve our websites, products, and services.
8. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
9. As described to you when collecting your Personal Information or as otherwise set for in the CCPA/CPRA.
10. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Generate’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Generate about users of our websites, our customers, and individuals is among the assets transferred.

Generate will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated or incompatible purposes without providing you notice.

How We Share Personal Information

Generate may disclose your Personal Information to third parties as described in our Privacy Policy and for certain other business purposes. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except as permitted under the contract.

We share your Personal Information with the following categories of third parties:

1. Service Providers. We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, and direct marketing campaigns. We may share your Personal Information with these third parties but only to the extent necessary to perform these functions and provide such services. We also require these third parties to maintain the privacy and security of the Personal Information they process on our behalf.
2. Law Enforcement Agencies. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate: to investigate, respond to, and defend against claims, for legal process (including subpoenas); to protect the property and rights of Generate or a third party; to protect Generate against liability; for the safety of the public or any person; to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity; to protect the security or integrity of our websites and services and any equipment used to make the websites and services available; or to comply with the law.
3. Third Parties Involved in Business Transfers. Generate may sell, transfer, or otherwise share some or all of its assets, including Personal Information, in connection with a merger, acquisition, reorganization, sale of assets or similar transaction, or in the event of insolvency or bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Supplemental Privacy Notice or our Privacy Policy.
4. Other Third Parties. We may share Personal Information with our affiliates and business partners to whom it is reasonably necessary or desirable for us to disclose your Personal Information for the purposes described in our Privacy Policy and this Supplemental Privacy Notice. We may also make certain non-Personal Information available to third parties for various purposes, including our business or marketing purposes or to assist third parties in understanding our customers’ and visitors’ interest, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and functionality available through our websites.

Disclosures of Personal Information for a Business Purpose

Sharing of Personal Information

In the past 12 months, Generate may have shared your Personal Information for other business purposes such as marketing. However, we are providing you an option to opt out for potential future transfers of Personal Information as stated above. Additionally, if you opt out now, we will limit our use of your Personal Information for certain targeted advertising.

Other California Privacy Rights

California Civil Code Section 1798.83, you have the right to request us to disclose the identity of any third parties to whom we have disclosed Personal Information within the previous calendar year, along with the type of Personal Information we disclosed, for the third parties’ direct marketing purposes. Please note that we are only required to respond to a customer request once during any calendar year and only if we are covered by such California Civil Code section. If you are a California resident and would like to make such a request, contact us through our privacy form available here or securityrequest@generatepics.com. Please be aware that not all information sharing is covered by this California law and only information sharing that is covered will be included in our response. We reserve the right not to respond to requests submitted to other email addresses, phone numbers, or mailing addresses.

Changes to the Supplemental Privacy Notice

Generate reserves the right to amend this Supplemental Privacy Notice at our discretion at any time. When we make changes to this Supplemental Privacy Notice, we will post the Supplemental Privacy Notice on the websites and update the Supplemental Privacy Notice’s effective date. Your continued use of our websites following the posting of changes constitutes your acceptance of such changes.

Contact

If you want to submit a request for your Personal Information or a request to delete your Personal Information, you may do so by submitting an email to privacyrequests@generatepics.com.