Version August 2018

This Consumer Protection Policy provides information about consumer protection, which includes Gen Mobile Inc.’s (“Gen Mobile”, “we”, “our”) Privacy Policy, California Specific Privacy Policies, California Prepaid Mobile Telephony Service Surcharge, if applicable, and Customer Proprietary Network Information (“CPNI”) Policy (collectively, the “Consumer Protection Policies”).

Please also carefully review Gen Mobile’s (a) Terms & Conditions, (b) End User License Agreement; and (c) Unlock Device Policy, as they may apply to you  when purchasing or using our products and/or services (“you” and “your” means an individual who purchases or uses Gen Mobile’s products and/or services).

If you have any questions or concerns about the Consumer Protection Policies, you may contact Gen Mobile Customer Care by dialing 611 from your Gen Mobile device, calling (833) 528-1380, emailing legal@genmobile.com, or sending correspondence to P.O. Box 1243, Redondo Beach, CA 90278, Attn: Legal Department.

Changes to the Consumer Protection Policies

Gen Mobile reserves the sole right to make updates to these Consumer Protection Policies. Please revisit www.genmobile.com for updates. If any changes are made, Gen Mobile will revise the effective date of the Consumer Protection Policies.

 

PRIVACY POLICY

Gen Mobile is Committed to Protecting Your Privacy

Gen Mobile takes your privacy seriously and is dedicated to providing its customers with strong privacy protections. This Privacy Policy (the “Privacy Policy”) outlines what, why, and how Gen Mobile collects, uses, and protects your confidential and personal information, and informs you of your options regarding its collection and use. The Privacy Policy applies to Gen Mobile customers of all products and services and to visitors of Gen Mobile websites.

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

Except as noted in this Privacy Policy, Gen Mobile does not sell, share, or license any individually identifiable customer information beyond Gen Mobile, for non-Gen Mobile related reasons, without the consent from the specific individual whose information will be shared.

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

Gen Mobile utilizes various safeguard measures to keep your personal information safe from unauthorized access. These measures include: (a) Gen Mobile employees are trained in various privacy protections and on the compliant ways to access, use, and disclose customer information; (b) Gen Mobile only allows access to sensitive personal information to specific employees who have the business need to access such information; (c) as an added security measure, Gen Mobile will require password protection to access account information; (d) federal law mandates the protection of CPNI, and Gen Mobile enforces a policy to protect and secure the confidentiality of CPNI and ensure strict compliance with federal rules. Gen Mobile will never intentionally disclose customer CPNI to third-parties without customer approval, except as permitted by federal laws and as described in this Policy. For more information, please see the Gen Mobile CPNI Policy; (e) Gen Mobile retains certain information only for as long as needed for business or tax purposes, or as required by applicable laws, regulations, or orders. Upon disposal of customer information, Gen Mobile has procedures that erase or eliminate access to information (e.g., by shredding documents, wiping media and devices, and various other measures); (f) Should Gen Mobile store or transmit customer information, Gen Mobile applies encryption and other security controls to protect such information, including CPNI. Despite Gen Mobile’s efforts to provide security when handling customer personal information, no program is 100% secure and we cannot guarantee that our precautions will prevent every unauthorized attempt to access personal information. If you become aware of a security issue, please contact Gen Mobile’s legal department at legal@genmobile.com.

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.

Online Privacy Policy for Children

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.

Other Information You Should Know

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 
California Civil Code §1798.83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third-parties for their direct marketing purposes. As stated in this Privacy Policy, Gen Mobile will not sell your Personal Information to other companies and will not share it with other companies for them to use for their own marketing purposes without your consent.

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 legal@genmobile.com.

California Prepaid Mobile Telephony Services Surcharge (“Prepaid MTS Surcharge”)

Effective January 1, 2016, California law requires all sellers of prepaid wireless service to collect a Prepaid MTS Surcharge from consumers when prepaid wireless services are purchased by California customers. The Prepaid MTS Surcharge will replace state and local taxes, fees and surcharges that are currently collected with your service plan. Prepaid MTS Surcharge includes the following taxes, fees, and surcharges that will be collected by the seller, like Gen Mobile, on behalf of state and local governments: (a) Utility User Tax (“UUT”): A tax imposed by some cities and counties to fund local services. Tax rates will vary depending on the locality where the service is purchased.  Please contact your local city or county government for more information (b) California Public Utilities Commission Telecommunications All-End-User Surcharges and User Fee: Mandated charges that support various public programs and Public Utilities Commission activities; (c) California 911 Emergency Telephone Users Surcharge: A mandatory statewide surcharge imposed by the California Office of Emergency Services to support the 9-1-1 emergency response system; (d) Local 911 Emergency Telephone Service Access Charge: A tax imposed by some cities to support local 9-1-1 emergency response systems. Tax rates will vary depending on the locality where the service is purchased.  Please contact your local city or county government for more information.

Each Prepaid MTS Surcharge will be separately listed on your statement and will vary based on your location because some cities and counties do not impose certain taxes, fees, and/or surcharges or impose different rates. Please check out www.cdtfa.ca.gov/industry/prepaid-mts-surcharge.htm for additional information about the Prepaid MTS Surcharge.

 

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.

How We Protect Your CPNI

Gen Mobile maintains safeguards and security measures to prevent unauthorized disclosure of your CPNI. Gen Mobile requires that customers be authenticated prior to accessing and disclosing any CPNI to customers or others.  

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.