Privacy Policy for California Residents

Effective Date: November 21, 2024

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Last Updated on: November 21, 2024

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This Privacy Policy for California Residents supplements the information contained in Future Gen XYZ, Inc.'s Privacy Policy (https://www.futuregenxyz.com/privacy-policy) and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). Future Gen XYZ, Inc. (“FutureGen,” “we” or “us”) adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA and collectively with the CCPA, the “CCPA”). Any terms defined in the CCPA or CPRA have the same meaning when used in this Policy.

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Information We Collect

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We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

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• Publicly available information from government records.

• Deidentified or aggregated consumer information.

• Personal information collected by an employer from job applicants and employees used solely within the employment context.

• Information excluded from the CCPA's scope, like:

  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;

  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

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In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

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We obtain the categories of personal information listed above from the following categories of sources:

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• Directly from you. For example, from forms you complete or products and services you purchase.

• Indirectly from you. For example, from observing your actions on our Websites or Services.

• Through the use of internet browser cookies.

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Use of Personal Information

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We may use, sell, or disclose the personal information we collect for one or more of the following purposes:

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• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

• To provide, support, personalize, and develop our Websites, products, and services.

• To create, maintain, customize, and secure your account with us.

• To process your requests, purchases, transactions, and payments and prevent transactional fraud.

• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

• To help maintain the safety, security, and integrity of our Websites, products and services, databases and other technology assets, and business.

• For testing, research, analysis, and product development, including to develop and improve our Websites, products, and services.

• To provide you with information, products, or services that you request from us.

• To provide you with notices about your accounts or subscriptions, including expiration and renewal notices.

• To notify you about changes to any products or services offered or provided to you.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and Future Gen.

• To allow you to participate in interactive features of the services.

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users and consumers is among the assets transferred.

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We 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.

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Sharing Personal Information

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We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Future Gen has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

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We do not share or sell your personal information to third parties.

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Reselling Personal Information

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The CCPA and CPRA prohibit a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of further sales. The following businesses purchase personal information from us and may resell that information. To opt-out of those sales, please visit that business's opt-out notice at link provided below.

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• To date, no personal information has been sold or is for sale.

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Your Rights and Choices

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The CCPA and CPRA provide consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA and CPRA rights and explains how to exercise those rights.

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Right to Know and Data Portability

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You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know, Delete, or Correct), we will disclose to you:

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• The categories of personal information we collected about you.

• The categories of sources for the personal information we collected about you.

• Our business or commercial purpose for collecting or selling that personal information.

• The categories of third parties with whom we share that personal information.

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

  • sales, identifying the personal information categories that each category of recipient purchased; and

  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

• The specific pieces of personal information we collected about you (also called a data portability request).

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Right to Delete

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You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know, Delete, or Correct), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

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1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3. Debug products to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8. Comply with a legal obligation.

9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

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We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

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Right to Correction

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You have the right to request that we correct any errors in your personal information that we have collected from you and retained, subject to certain exceptions (the “right to correction”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know, Delete, or Correct), we will review your request to see if a correction is necessary. We may deny your correction request if correcting such information is not possible, would involve disproportionate effort to correct, or if you are improperly seeking correction of accurate information. 

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Exercising Your Rights to Know, Delete, or Correct

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To exercise your rights to know or delete described above, please submit a request by either:

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• Emailing us at info@futuregenxyz.com.

• In your Account Settings

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Only you, or someone legally authorized to act on your behalf, may make a request to know, delete, or correct related to your personal information.

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You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

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• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:

  • [Multi-factor authentication]

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

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You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

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We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

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For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.

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Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact eddie.mazariegos@futuregenxyz.com.

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We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

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If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

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Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

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We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

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Personal Information Sales Opt-Out and Opt-In Rights

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If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years old[, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old][ACW1] . Consumers who opt-in to personal information sales may opt-out of future sales at any time.

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To date, our company does not sell any personal information to third party groups or brokers.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

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We will not discriminate against you for exercising any of your CCPA or CPRA rights. Unless permitted by the CCPA or CPRA, we will not:

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• Deny you goods or services.

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

• Provide you a different level or quality of goods or services.

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

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However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We currently do not provide financial incentives.

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Other California Privacy Rights

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California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@futuregenxyz.com.

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Changes to Our Privacy Policy

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We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice's effective date. To the extent we are not relying on your consent to process or share your personal information, your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.

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Contact Information

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If you have any questions or comments about this notice, the ways in which Future Gen XYZ, Inc., collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

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Website: https://www.futuregenxyz.com/contact-8

Email: info@futuregenxyz.com

Postal Address:

Future Gen XYZ, Inc.

Attn: Eddie Mazariegos

800 5th Avenue,
Suite 101-800
Seattle, WA 94104

If you need to access this Policy in an alternative format due to having a disability, please contact info@futuregenxyz.com.