Gen Mobile Consumer & Privacy Policies
GEN MOBILE CONSUMER & PRIVACY POLICIES
Version November 2022
Please also carefully review these Consumer & Privacy Policies and (a) the Terms & Conditions, (b) the Gen Care App End User License Agreement, (c) the Auto Pay Authorization, (d) the ILD Consumer Agreement, (e) the Global Unlimited Text Messaging, (f) the rate plan that you select when initiating or using the Service (the “Rate Plan”), and (g) other terms, rules, or policies as made available to you from time to time, as they may apply to you when purchasing or using our products and/or services.
When we say “we”, “us”, “our” or “Gen Mobile”, we mean DISH Wireless L.L.C. and when we say “you”, “your”, “customer” and “user”, we mean a Gen Mobile account holder or anyone who uses our Devices or Services, including, without limitation, all beneficiaries hereof.
Gen Mobile is committed to consumer protection and service quality as stated in our policies and in CTIA Consumer Code of Conduct, as applicable.
If you have any questions or concerns about the Consumer & Privacy Policies, you may contact Gen Mobile Customer Care by dialing 611 from your device on the Gen Mobile network, calling (833) 528-1380, emailing email@example.com, or sending correspondence to P.O. Box 1187, Gardena, CA 90249, Attn: Legal Department.
Changes to these Policies
Gen Mobile reserves the sole right to make updates to these Consumer & Privacy Policies. Please revisit www.genmobile.com for updates. If any changes are made, Gen Mobile will revise the effective date of these Policies.
Gen Mobile is Committed to Protecting Your Privacy
What Information Gen Mobile Collects
Gen Mobile collects information about you and your device(s) so that it may provide the best products and services to Gen Mobile customers.
The type of information Gen Mobile may collect include: (a) account, (b) credit and financial, (c) Customer Proprietary Network Information (“CPNI”), (d) internet and application history, (e) location, and (f) service-related network and device information. Account information pertains to your particular account (i.e. your name, address, telephone number, email address, and call records). Credit and financial information, if needed, is your credit card information, credit history, or other bank information for account, billing, and other collection purposes. CPNI is a type of personal information. For more information, please see the Gen Mobile CPNI Policy. Internet & application history information are the websites you visit and the mobile apps you use while on the Gen Mobile network, including the amount of time spent on and frequency of use of the website or using the mobile apps. Location information is the physical address and location of your wireless device, which is generated by the communication between your device and cell towers, Wi-Fi routers, and/or other technologies. Service-related network and device information is your Gen Mobile service history, including how you use Gen Mobile’s network, products, and services, and how well they are operating. Gen Mobile also collects your specific device or equipment type, status, settings, software, and configuration information.
Why and How Gen Mobile Collects Information
Gen Mobile collects the above information when you use Gen Mobile’s products, network, and services. This includes collecting information in the following ways:
Information You Provide
Gen Mobile collects the information you supply when you purchase or use our services or products, or otherwise communicate with Gen Mobile representatives such as sales representatives or Customer Care agents. Some of the ways that you provide information to Gen Mobile include: (a) purchasing or adding Gen Mobile’s products and services; (b) contacting Gen Mobile Customer Care online, by phone, or in person; and/or (c) creating, modifying, or interacting with our website or your account.
Information Collected Using Gen Mobile Products and Services
When using your Gen Mobile products and/or services, Gen Mobile automatically collects certain information to monitor the performance of our services and/or equipment. For example, Gen Mobile automatically collects information regarding: (a) your mobile device, such as what kind of mobile device you are using, device location, what calls are made and text messages are sent and received, when the device is powered on or off, what services are being used, and other general device performance issues and information; (b) Gen Mobile’s network performance, by measuring things such as application performance, data failures and transmission, dropped calls, signal strength, and other network performance issues; (c) your device’s online behavior and preferences and other online data, by using cookies, web tags, or similar technologies that may be used to identify your device, personalize your web experience, and provide customized support and performance.
Gen Mobile collects information about your visit when you visit our websites. This may include data about your behavior such as searching, browsing, and purchasing activities on our websites, as well as your account information, information about your internet connection, IP address, mobile device telephone number, and the addresses of the websites that you visited prior to and after Gen Mobile’s website. We use this information so that Gen Mobile may be able to deliver more relevant and accurate marketing messages, as offerings may vary depending on your location. We also use this information to manage and monitor how often you see certain advertisements. In addition, we use this information to review and maintain the effectiveness of Gen Mobile’s websites.
Information Provided by Third Parties
Third party sources also provide Gen Mobile with information. For example, Gen Mobile receives information from credit agencies who assist with customer credit related determinations, companies that collect consumer demographic and interest data, and marketing companies who provide contact information, potential leads, and social media information.
How Gen Mobile Uses the Information
Gen Mobile uses the collected information in various ways, including, but not limited to: (a) billing you for the use of the products and services and maintaining such bill records; (b) complying with laws and regulations; (c) helping you with product, service, and network-related issues; (d) improving, maintaining, and protecting the integrity and security of Gen Mobile’s services and networks; (e) informing you about updates, offers, and promotions on products and services that may be of interest to you; (f) investigating and protecting against fraud, illegal activities, and violations of Gen Mobile Terms & Conditions; (g) providing you with devices, products, and services; (h) maintaining a record of your correspondence with Gen Mobile; and (i) providing 911 dialing services to allow emergency services to detect your general location.
Advertising from Gen Mobile
Gen Mobile may use certain information you provided, for example, certain preferences indicated by you when using our websites, products, and/or services to provide you with information related to Gen Mobile products and/or services that may be of interest to you. We may provide certain advertisements on our websites and/or mobile applications.
Advertising from Third Party Companies
We do not release any personally identifiable information for any advertisement purpose without your consent.
You may see third party advertisements when you visit Gen Mobile’s website or use your device. Ad servers place certain advertisements on behalf of other third party companies. Ad server companies may place and access cookies on your device to collect certain information about your visit to their website. The information collected from Gen Mobile’s website does not identify you personally. Sometimes the information collected may be used with other data to help advertisers target specific audiences and modify advertisements to interests they infer from your use of our and other websites or mobile applications. If you choose to interact with advertisers who place ads on Gen Mobile’s websites, the information you provide to those third parties is subject to their terms and conditions and privacy policies. Any interactions with advertisements on Gen Mobile’s website may lead to further targeted advertisements on our website or other websites.
We may permit advertisers to place advertisements on Gen Mobile’s websites based on certain information that we have about you, including your demographic information, geographic location, and products and/or services. We may include social network or other third party plug-ins on Gen Mobile’s websites, which may provide information to the affiliated social networks or third parties about your actions with and use of our websites, products and/or services.
How Gen Mobile Shares Information
Sharing Within Gen Mobile
Gen Mobile shares certain customer information within Gen Mobile in order to communicate with you about your account, to develop better products and services for you, and to provide you better products and services. Gen Mobile also shares information within Gen Mobile so that we may offer and provide you with additional products and/or services. If you choose to, you can limit the sharing of certain information, known as Customer Proprietary Network Information, or CPNI, regarding marketing services outside of the services you currently have. Please review the Gen Mobile CPNI Policy for more information.
Sharing With the Primary Account Holder and Third Parties
Upon proper authentication, Gen Mobile may disclose information to the primary account holder. If the primary account holder is a business, governmental agency, or another individual, Gen Mobile may provide information about your use of the products and/or services at their direction.
We will never sell your name, address, or phone number without your consent to those outside of Gen Mobile to market third-parties' products and/or services. Gen Mobile may use third-party partners for certain business reasons and share information with them as necessary for them to perform work on our behalf. We may also provide certain, anonymized or unidentifiable information about you to third-parties for advertising, marketing, or other purposes. Gen Mobile may also share information with third-parties in order to protect your privacy and security and to enforce our own rights. For such purposes, Gen Mobile will only share your information as needed for those companies or third-party entities to perform specific services. Additionally, those companies are required to protect your information with the same level of protection that Gen Mobile provides.
We share information beyond Gen Mobile with certain other entities in limited circumstances, such as complying with court orders and other legal and regulatory requirements, responding to 911 and other emergencies; assisting with identity verification and preventing fraud and theft; enforcing our agreements and legal rights, or advancing or defending against legal claims; processing transactions and bills and to collect payments; as part of a corporate business transaction like a merger or acquisition; and/or with your consent.
Your Consent Required for Individually Identifiable Disclosures or Information
Gen Mobile will only disclose information that individually identifies our customers and/or their devices to third-parties with each individual customer consent, which may be obtained in various ways such as in writing, online through click-through agreements, or when you accept the terms and conditions on your device for certain applications or services. Implicit consent will be obtained only in certain situations. Implicit consent can occur when you purchase a mobile device and request that Gen Mobile ship the device to your home, and you implicitly consent to disclose your name and address to a third-party shipping company in order to complete the purchase via delivery. Gen Mobile will not provide listing information for wireless numbers to directory assistance services or phone book publishers without your consent.
How We Protect Your Information
We take information security seriously. We use commercially reasonable efforts to protect information we collect and maintain against loss; misuse; and unauthorized access, disclosure, alteration, or destruction. However, even with appropriate security measures in place, we cannot guarantee the security of the information under our control.
Gen Mobile Care Application
Gen Mobile will collect, disclose, and protect your personal information via the Gen Mobile Care Application (the “Care App”) in accordance with the policies stated herein. The Care App makes use of the Device Administration (BIND_DEVICE_ADMIN) privileges to provide remote lock and wipe capabilities to the Gen Mobile Care team. If your device is lost or stolen, you may contact Gen Mobile Care to assist with remote location, lockdown, or factory reset of the device.
Gen Mobile does not intentionally or knowingly collect information from, market to, or solicit information online from children under the age of 13 without first obtaining legal guardian or parental consent. Gen Mobile encourages legal guardians or parents to be involved with their children's online activities to ensure no information is collected from a child without legal guardian or parental consent. If a legal guardian or parent authorizes a child to use Gen Mobile’s products and/or services by providing them with a device associated with an active account, any information acquired as a result of such use will be treated as the legal guardian’s or parent’s information in accordance with this Policy.
CUSTOMER CHOICE AND CONTROL
Accessing Your Information
Customers can access and modify their account information by contacting Customer Care, using the Care App or, when available, online at www.genmobile.com.
Choices Regarding Gen Mobile’s Use of Your Information
Gen Mobile would like to send you certain marketing communications about products and/or services we provide. You may choose to limit or opt out of receiving marketing communications at any time. To opt out of receiving marketing communications, please call Customer Care and a Gen Mobile representative can process your opt out request. If you opt out from receiving Gen Mobile marketing communications, you will continue to receive certain account and service related communications, such as invoices, customer care notices, and transactional notices when you purchase Gen Mobile products and/or services.
Consumer Role in Protecting Privacy
Gen Mobile strongly encourages and recommends our customers to use passwords and security questions to prevent unauthorized access to their account. Create unique, non-obvious passwords and do not share your passwords.
Do Not Call
The Federal Trade Commission’s “Do Not Call” laws allow customers to place their telephone numbers on the national Do Not Call Registry in order to prevent telemarketing calls. Please visit www.donotcall.gov for more information. Please note that even if your number is placed on a federal and/or state Do Not Call list, most telemarketing laws permit companies to contact their own customers. If you would like, you may be removed from Gen Mobile’s telemarketing list by contacting Customer Care.
Consumer Code for Wireless Services (“CCWS”)
Gen Mobile follows the CCWS established by the Cellular Telecommunications & Internet Association (“CTIA”). CTIA and the wireless carriers adhering to the CCWS have made a voluntary commitment to help consumers make informed choices when selecting their wireless service. For information about the voluntary guidelines included in the CCWS, please visit CTIA’s website at www.ctia.org/the-wireless-industry/industry-commitments/consumer-code-for-wireless-service.
CALIFORNIA SPECIFIC PRIVACY POLICIES
California Privacy Rights
You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf, and that they are registered with the California Secretary of State to conduct business in California, or must demonstrate they have power of attorney pursuant to applicable probate law. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s personal information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention. Authorized agents may go to submit a request.
California Web Site Data Collection & “Do Not Track” Notices
Gen Mobile does not knowingly allow third-parties to collect personally identifiable information about your online activities over time and across third-party web sites when you use our websites and/or services. Gen Mobile provides information about your opt out choices and you may contact Customer Care at any time to change your preferences. Because the providers of “do not track” and similar signals do not yet operate according to common, industry-accepted standards, Gen Mobile currently does not respond to those signals. For more information on Do Not Track, please visit www.allaboutdnt.com.
California customers who wish to request more information about Gen Mobile’s compliance with these requirements, or who have questions or concerns about our privacy practices and policies, may contact us via e-mail at firstname.lastname@example.org.
IMPORTANT NOTICE FOR CALIFORNIA PREPAID WIRELESS CUSTOMERS
On November 15, 2018, the United States District Court, Northern District of California (MetroPCS California, LLC v. Michael Picker et al, case number 17-cv-05959-SI), enjoined state agencies from enforcing the provisions of the Prepaid MTS Surcharge Collection Act because it conflicts with federal law. A notice of appeal of the district court’s decision was filed on December 14, 2018, but a judicial stay of the injunction was not requested, thereby ending CDTFA’s enforcement of the Prepaid MTS Surcharge Collection Act (the “Act”). However, the CDTFA will continue to administer the Local Prepaid MTS Collection Act, which is a separate act from the Act.
Effective January 1, 2019, telephone corporations providing prepaid wireless telecommunications services sold in California shall collect, report, and remit surcharges and user fee rates applicable to all intrastate telecommunications services. This will be consistent with the universal surcharge mechanism applicable to all telecommunications carriers in existence prior to the enactment of the Act, including the method of calculating the rates, requirement of revenue reports, and the collection of surcharges and user fees.
The surcharges and user fee are adjusted periodically and applicable to the sale price of intrastate prepaid wireless services as follows:
- Universal Lifeline Telephone Service (ULTS) – Resolution T-17519
- Deaf and Disabled Telecommunications Program (DDTP) – Resolution T-17458
- California High Cost Fund-A (CHCF-A) – Resolution T-17453
- California High Cost Fund-B (CHCF-B) – Resolution T-17417
- California Teleconnect Fund (CTF) – Resolution T-17606
- California Advanced Services Fund (CASF) – Resolution T-17593
- California Public Utilities Commission User Fee – Resolution M-4832
- California 911 Emergency Telephone Users Surcharge – Revenue and Taxation Code section 41001
- Local Prepaid Mobile Telephony Services (LPMTS) Surcharge – Revenue and Taxation Code section 42100
Each surcharge and user fee will be listed on your receipt and will vary based on your location because certain cities and counties may or may not implement different LPMTS surcharge rates.
To better understand your total charges since the invalidation of the Act, here are some examples where you purchase a $25 Gen Mobile Plan (Plan) and are located where the total rate of the surcharges and user fee are 10.0% (these do not include the calculation of LPMTS):
- Before January 1, 2019, the surcharges and user fee collected under the $25 Plan is $25 x 10% = $2.50, for a total charge of $27.50.
- On and after January 1, 2019, the surcharges and user fee collected under the $25 Plan is $5 (voice portion) x 62.9% (inverse of federal safe harbor percentage) x 10% = $0.31, for a total charge of $25.31.
For more information please go to the CDTFA’s website or you may contact Customer Care by calling at 833-528-1380 or dialing 611 from your device on the Gen Mobile network.
CUSTOMER PROPRIETARY NETWORK INFORMATION (“CPNI”) POLICY
Your Privacy is Very Important to Gen Mobile
Gen Mobile is committed to protecting the privacy and security of our customers’ personal information. As your telecommunications service provider, Gen Mobile has access to certain confidential information known as Customer Proprietary Network Information, or CPNI.
What is CPNI?
CPNI is the information generated due to your use of Gen Mobile's telecommunications services. CPNI includes: type of services purchased, how those services are utilized, billing information, and information about call details (also known as “Call Detail Information” or “CDI”). CDI involves information relating to specific calls, including the phone numbers you call, the numbers calling you, call times and dates, call durations, and caller location. Your telephone number, name, or address are not CPNI.
Federal Law Requires Protection of CPNI
Gen Mobile may share CPNI within Gen Mobile, including our affiliated companies, in order to communicate with you about your account, to provide services to you, and to develop new products and/or services to provide the best experience possible. Gen Mobile may use your CPNI to offer you additional products and/or services that may be of interest to you. The Federal Communications Commission (“FCC”) requires that we obtain your consent to use your CPNI within Gen Mobile to offer you additional products and/or services. Please know that in compliance with FCC rules and regulations, Gen Mobile will not sell or share your CPNI with anyone outside of Gen Mobile, unless required by law.
How to Give Consent to Share Your CPNI
No further action is required to allow Gen Mobile to use your CPNI. We will assume you approve to our sharing of your CPNI within Gen Mobile unless you provide Gen Mobile with notice that you wish to opt out. If you would like to keep your CPNI private and do not wish it to be used for additional marketing purposes, you can opt out of that use. To opt out, you can call Customer Care and speak with a Gen Mobile representative who can process your opt out request. Your decision to allow or restrict Gen Mobile’s use of your CPNI will remain in effect until you change it.
CDI is only disclosed in certain circumstances
You can gain access to CDI only in the following scenarios: (a) calling Gen Mobile Customer Care and authenticating your identity as the account owner; (b) requesting the CDI be mailed to the address of record; or (c) requesting a Gen Mobile representative call the telephone number of record for your account to disclose CDI.
Notification of Account Changes
Gen Mobile will notify you if any change is made to your account by sending a notice to the address of record, sending an SMS message to the telephone number of record, and/or sending an automated call to the number of record. The notification will not reveal the changed or updated information.
CPNI Breach Policy
Gen Mobile is required to notify law enforcement if Gen Mobile becomes aware of a breach of customer CPNI. Gen Mobile will also notify you of the breach following notification to law enforcement unless directed otherwise by the United States Secret Service or the FBI.