Privacy Policy

Overview

Eighth Generation LLC (alternately, “Eighth Generation”, “we”, “us” or “our”) respects your privacy and is committed to complying with this privacy policy (“Privacy Policy”), which describes what information we collect about you, including how we collect it, how we use it, with whom we may share it and what choices you have regarding our use of your information.  This Privacy Policy applies to information collected on our website located at https://www.ngjkuque.top/ (the “Website”), all interactive features, applications, widgets, social networks and social network “tabs”, and other online or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology or any associated content, material, or functionality contained on the Website (collectively, the “Services” and, together with the Website, the “System”).

Changes to our Privacy Policy

We may change this Privacy Policy at any time and from time to time. The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Website. You should view this Privacy Policy often to stay informed of changes that may affect you, as your continued use of the System signifies your continuing consent to be bound by this Privacy Policy. We expressly reserve the right to make any changes to this Privacy Policy at any time, without prior notice to you. The version of this Privacy Policy posted here. On each respective date you visit the System shall be the Privacy Policy applicable to your access and use of the System on that date. Our electronically or otherwise properly stored copies of this Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy which were in force on each respective date you visited the System.

What Information Do We Collect?

As described in detail below, we may collect certain identifying information from or about you in connection with your use of, or your submissions to, the System (collectively, the “Collected Information”).  Collected Information includes, without limitation, any information that may be used to identify an individual, including, but not limited to, a first and last name, a home, business, or other physical address, business name, a phone number, an email address, employer name, employer information (i.e., employer address and other identifying information), and credit card number (and related information such as expiration date).  We use the information we collect to provide you with the products and Services that are available via the Website. In order to continuously improve your service and tailor our subsequent communications to you, we may also ask you to provide us with additional information regarding your demographics, comments, professional interests, and contact preferences.

Cookies and Usage Reports

By placing a small file known as a "cookie" on your computer (or other device), Eighth Generation’s and its third party service providers’ servers passively gather information about all visitors' use of the System for several reasons, including, but not limited to, the following: statistics collection and analysis, System optimization, analytics (as described below), market research, and maintenance of user login information. The information that we and our third party service providers track with cookies includes, but is not limited to, the type of browser (such as Google Chrome or Internet Explorer) and Internet-connected devices being used to access the System, your Internet protocol (“IP”) address, your home domain or Internet service provider, your referrer URL (which is the URL for the website that you were viewing prior to visiting the System), how you were directed to the System, which specific pages you access on the System, how long you view each page, the time and date you access our System and the total number of visitors to the System and any portions thereof.  We, and/or our third party service providers, may use the information collected from cookies or similar files on your computer for security purposes (such as authentication), to facilitate site navigation and to personalize your experience while visiting the System. This data helps us and our third party service providers improve our respective product and services. 

Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. However, setting your browser to reject cookies may, in certain instances, prevent you from taking full advantage of the System (or some portion thereof) and its capabilities, or cause some features of the System to function improperly or more slowly.

 Analytics

The System uses third party analytics services in order to better understand your use of the System and how we can improve it.  Some of the analytics information captured by the System may be identifiable to you, but we only share it with our third party service providers.

Our website uses Google Analytics, a web analysis service provided by Google, in order to better understand your use of our website and how we can improve it. Google Analytics collects information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. Google Analytics collects only the IP address assigned to you on the date you visit a website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with your personal information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to Eighth Generation websites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the Eighth Generation websites, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the Eighth Generation websites to contextualize and personalize the ads of its own advertising network. To more fully understand how Google may use the data it collects on the Eighth Generation websites, please review “How Google Uses Information From Sites Or Apps That Use Our Services” (located here or any successor URL).

Our website uses Shopify to support our online sales capabilities.  Shopify’s privacy policy can be located here or any successor URL.

Correspondence

We appreciate your questions and comments about the System and Services and welcome your messages at [email protected]. If you correspond with Eighth Generation through the System or via email, the Collected Information may include the content of, and metadata regarding, any correspondence you may have with us.  We may share your messages with those within our organization who are most capable of addressing the issues contained in your message. We may archive your message for a certain period of time or discard it.

How Can I Opt-Out of Promotional Correspondence?

We may send you emails with promotional offers only if you opt-in to receiving such emails. 

If you would no longer like to receive information, newsletters or other promotional messages from us, please click the link at the bottom of any such email you receive from us and follow the instructions, or alternatively you may contact us at [email protected] with the word “UNSUBSCRIBE” or “REMOVE” in the subject line.  Your email address will be removed from our marketing list.  Please allow us a reasonable period of time in order to satisfy your request, as some promotions may already be in process.

How Do We Use The Information That We Collect?

Eighth Generation and our third party services providers collect and use the Collected Information to operate the System and deliver the Services, including to provide certain services and improve the user experience, address System integrity or security issues, and conduct research and analysis to maintain, protect, develop, and improve the System, sell certain products, facilitate lead generation, enhance our brand visibility and search engine optimization, better market our products and services and, additionally, use any information submitted by users as described below or elsewhere in this Privacy Policy or the Terms of Use. We may send you information that you request from us, promotional materials regarding Eighth Generation or any third party entity or individual affiliated with individual members of Eighth Generation, and any other communication for any other legitimate and lawful business purposes. Additionally, we may retain and use certain Collected Information to facilitate and otherwise address certain inquiries or requests regarding the Services or the System, or respond to your questions or requests for information about or from Eighth Generation.  We may also use Collected Information as necessary to ensure compliance with any Eighth Generation policies and any applicable law, regulation or order. 

Except as set forth in this Privacy Policy, Eighth Generation will not use, disclose, or transfer your Collected Information unless:

(1) you expressly authorize Eighth Generation to do so,
(2) it is necessary to allow Eighth Generation’s service providers, agents, or other third parties to provide products or services for or to Eighth Generation,
(3) it is necessary in order to provide the System or the Services,
(4) Eighth Generation is sending you other information that may be useful to you,
(5) subject to applicable contractual or legal restrictions, it is disclosed to entities that perform marketing services on Eighth Generation’s behalf or to other entities with whom Eighth Generation has joint marketing agreements,
(6) it is necessary to protect the confidentiality or security of your records,
(7) it is necessary in connection with other business purposes including, without limitation, verifying identity and/or age, investigating complaints about the System, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends and dispute resolution,
(8) it is necessary to comply with law enforcement, governmental mandate, or other legal requirement, if appropriate, for your protection or in connection with an investigation or prosecution of possible unlawful activity;
(9) subject to applicable contractual or legal restrictions, it is necessary in connection with a sale of all or substantially all of the assets of Eighth Generation or the merger of Eighth Generation into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which Eighth Generation is not the survivor, or
(10) it is otherwise necessary for Eighth Generation to disclose it as required or permitted by law.

 With Whom Do We Share Information That We Collect?

In addition to the uses mentioned or described elsewhere in this Privacy Policy or in the Terms of Use, we may catalog and add Collected Information to our database.  We do not sell, rent, or lease our user lists or the identity of individual users to third parties. However, Eighth Generation may use and disclose certain aggregated or anonymized information, such as System usage data, to our trusted business partners. Such information may also be shared with other users or the general public for advertising, informational, or comparison purposes.

We may also disclose Collected Information if we become subject to a subpoena or court order, or if we are otherwise legally required to disclose information. We may also use and disclose Collected Information to establish or exercise our legal rights, to enforce the Terms of Use, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

As Eighth Generation grows and develops its business, it is possible that its corporate structure or organization might change or that it might merge or otherwise combine with, or that it or portions of its business might be acquired by, another company. In any such transactions, customer information generally is, and should be expected to be, one of the transferred business assets. Also, if any bankruptcy, liquidation or reorganization proceeding is brought by or against us, your information may be considered a company asset that may be sold or transferred to third parties.

What Choices Do You Have?

When submitting information, corresponding, making requests for information, and otherwise interacting with Eighth Generation and its representatives through or in connection with the System, you choose what information to supply or submit, whether you wish to receive further information, and how you may be contacted. Please take care to share only such information as is needed or that you believe is appropriate. Any promotional email we send to you will contain a link which will allow you to opt out of receiving any further correspondence. If you have created an online account, you may also change your correspondence preferences by logging into your account. You may disable your online account access at any time; however, this will not necessarily result in the deletion of any Collected Information.

How Do We Protect Information Collected About You?

Eighth Generation takes commercially reasonable measures to secure and protect information transmitted via or stored on the System. Nevertheless, no security system is impenetrable. We cannot guarantee that information that users of the System may happen to transmit or otherwise supply will be totally secure. You agree to immediately notify us of any breach of the System's security, this Privacy Policy, or the Terms of Use of which you become aware.

Linked Websites

For your convenience, some hyperlinks may be posted on the System that link to other websites not under our control. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of those sites or of any companies that we do not own or control. We cannot be responsible for the privacy practices of any such websites or pages not under our control and we do not endorse any of these websites or pages, the services or products described or offered on such sites or pages, or any of the content contained on those sites or pages. We encourage you to seek out and read the privacy policy of each website that you visit. In addition, should you happen to initiate a transaction on a website that our System links to, even if you reached that site through the System, the information that you submit to complete that transaction becomes subject to the privacy practices of the operator of that linked website. You should read that website's privacy policies to understand how personal information that is collected about you is used and protected.

User-Provided Content

Except for information submitted to exercise privacy rights under applicable law, any information, communications, or material of any type or nature that you submit to the Website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy.  By visiting any of our pages that are contained on the Website, you are representing and warranting to us that you have reviewed this Privacy Policy and the Terms of Use and that you will abide by all such provisions contained therein.

Social Media Platforms and Websites

Any Submission that you submit to any of our pages contained on a social media platform or website by e-mail, posting, messaging, uploading, downloading, or otherwise is done at your own risk and without any expectation of privacy.  We cannot control the actions of other users of a social media platform and we are therefore not responsible for any Submissions contained on a social media platform or website. By visiting any of our pages that are contained on any social media platform or website, you are representing and warranting to us that you have reviewed the applicable privacy policy and terms of use of such website or social media platform and that you will abide by all such provisions contained therein.

Children

The System (including the Website 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. 

Sweepstakes, Promotions, Contests & Surveys

On the System, you may wish to participate in certain online polls, surveys, contests, sweepstakes and other promotions that may be offered from time to time by us, a partner, or other entity through which you are using the System. Participation in these polls, surveys, contests, sweepstakes and promotions is completely voluntary; you have a choice about whether or not to disclose information required to enter. Information requested may include Collected Information such as your name, address, date of birth, phone number, mobile phone number, e-mail address, username, and/or similar information. Through these online polls, surveys and promotions, you may choose to participate in activities such as sharing information with others and sending email invitations. In connection with any online polls, surveys, contests, sweepstakes and other promotions that may be offered from time to time via the System by us, we use the information you provide to administer the polls, surveys, contests, sweepstakes and other promotions. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you select, about our services or products. Any information that you submit to one of our partners or another entity through which you are using the System in the course of any poll, survey, contest, sweepstakes, or promotion offered by any third party shall be fully at your own risk, and Client hereby disclaims all responsibility for any losses, liability, damages, or expenses that may arise from your submission of such information

Visiting The System From Outside The United States

If you are visiting the System, or any part thereof, from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States or Canada, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy.  By using any portion of the System, you understand and consent to the transfer of your information to our facilities in the United States and Canada and those third parties with whom we share it as described in this Privacy Policy.  If you reside in the European Economic Area, the United Kingdom or Switzerland, please review the Privacy Notice to Individuals who reside in the European Economic Area, the United Kingdom and Switzerland (“EEA Privacy Notice”) below for additional terms applicable to you.

Your Privacy Rights

Depending on the country, state, or province in which you reside, you may have certain privacy rights, such as to access, correct, update, port, or delete your Personal Information or opt-out of certain disclosures. To exercise such rights, please contact us directly at [email protected]

California Residents’ Privacy Rights

This portion of our Privacy Policy advises California residents of the applicable rights as provided in the California Consumer Privacy Act (“CCPA”) and how to exercise these rights by communicating with us. We provide you with the rights described below when you use the System. Please note that we will seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your personal information.  For purposes of this section, “Personal Information” is defined as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

If you are a California resident and you wish to make any of the access or deletion requests described below, such as access and deletion, you may contact us as provided in the “Whom Can You Contact For More Information” section below. You may authorize an agent to make such a request on your behalf.  We will seek to verify your identity and your agent’s authority when we receive an individual rights request from you or on your behalf to ensure the security of your Personal Information. We may need to collect additional Personal Information for verification.

Right to Deletion of Personal Information

California residents have the right to request the deletion of Personal Information as prescribed in Section 1798.105(a) of the CCPA. Eighth Generation may not delete some or all Personal Information if, among other reasons, such Personal Information is necessary for us, or our service providers or affiliates, to:

  • Complete the transaction for which the Personal Information was collected, provide a product or service requested by the consumer, or reasonably anticipated within the context of Eighth Generation’s ongoing business relationship with the consumer, or otherwise perform a contract between Eighth Generation and the consumer,
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity,
  • Debug to identify and repair errors that impair existing intended functionality,
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law, 
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code,
  • Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with Eighth Generation,
  • Comply with a legal obligation, or
  • Otherwise use the consumer’s Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the Personal Information.

Right of Access: Right to Request Disclosure of Data Collection and Sharing Practices

You may request to receive details about how we collect, use, and share your Personal Information.  Specifically, you may request to receive the specific pieces of information that we have collected about you by contacting us as provided in the “Whom Can You Contact For More Information” section below. 

You may also request to receive:

  • the categories of Personal Information that we have collected about you, 
  • the categories of Personal Information that we have disclosed for a business purpose, 
  • the categories of sources from which we collected the Personal Information,
  • our purposes for collecting that Personal Information, and
  • the categories of parties with whom we share your Personal Information.

Right to not be Discriminated Against for Exercising your Rights

A business cannot discriminate against you for exercising a CCPA right. We do not discriminate against you for exercising any of your CCPA rights, such as your access and deletion rights described above. 

Categories of Personal Information Collected about California Consumers and the Purposes of Such Collection

We collect identifiers that you may choose to provide to us, such as your name, email address, mailing address, billing information, and phone number. We use this information to communicate with you, market products and services, and to provide you with products and services. 

Right to Opt-Out of Sale and Categories of Personal Information Sold about California Consumers

If a business sells Personal Information, you have a right to opt-out of that sale. Eighth Generation does not sell consumers’ Personal Information and, furthermore, does not have actual knowledge that Eighth Generation sells the Personal Information of consumers under 16 years old.

Categories of Personal Information Disclosed for a Business Purpose

Eighth Generation may share your Personal Information, including your name, email address, mailing address, and phone number, with third party service providers that perform a variety of services on our behalf, such as gathering and storing data you upload to the System, payment processing, and system analytics.

Eighth Generation may share your Personal Information with other entities for purposes of a sale, merger, or other related corporate event. An entity that buys us or a part of our business may continue to use your Personal Information in accordance with this Privacy Policy.

Do Not Track Requests

Certain State laws require that we indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. “Do Not Track” is a standard that is currently under development. As it is not yet finalized, our efforts to identify and respond to requests under this standard may not always function effectively; however we continue to adhere to the standards set out in this Privacy Policy regardless of whether a browser sends such requests. 

Whom Can You Contact For More Information?

If you have any questions or suggestions about the System, Eighth Generation, our services, or our privacy practices, or if you would like to exercise any privacy right such as the access and deletion rights described above, please contact us at [email protected].

This Privacy Policy was last updated on [June 9, 2020].

Privacy Notice to Individuals in California

Read the "Your rights under the California Consumer Privacy Act" page here.

Privacy Notice to Individuals in the European Economic Area, the United Kingdom, and Switzerland

 This Privacy Notice to Individuals who reside in the European Economic Area, the United Kingdom and Switzerland (“EEA Privacy Notice”) was last modified as of June 2, 2020.

 This EEA Privacy Notice, which is incorporated as a part of the Privacy Policy, only applies to data subjects located in the EU, EEA, Switzerland, or the United Kingdom (collectively, the “Designated Countries”) at the time of data collection. A person who is located in a Designated Country is referred to his this EEA Privacy Notice as an “EEA Resident”. We may ask you to identify which country you are located in when you use some parts of the System.

 Eighth Generation, Inc. (referred to in this Privacy Notice as “Eighth Generation”, “we”, “us” and “our”) is based in Seattle, Washington. Our headquarters are located at 93 Pike Street, #103, Seattle, WA 98101. For the purposes of this Notice, personal data means any information relating to an identified or identifiable natural person.

 If any terms in this EEA Privacy Notice conflict with terms contained in our general Privacy Policy, the terms in this section shall apply to users in the Designated Countries.

 1 - Our Relationship to You

 Eighth Generation is a data controller with regard to any personal data collected from individuals accessing or using the System. A “data controller” is an entity that determines the purposes for which and the manner in which any personal data is processed. Any third parties that act as our service providers or are otherwise acting on our behalf are “data processors” that handle your personal data in accordance with our instructions.

 2 - Marketing

 We will only contact individuals located in the Designated Countries by electronic means (including email or SMS) if we receive consent from the individual to receive marketing materials, unless otherwise permitted by applicable law. 

 If you do not want us to use your personal data in this way, or to disclose your personal data to third parties for marketing purposes, please click an unsubscribe link in your emails, or contact us at [email protected]. You can object to direct marketing at any time and free of charge.

 3 - Legal Bases for Processing Your Personal Data

 We describe our legal bases for processing throughout this EEA Privacy Notice. Below is a list of the purposes described in our EEA Privacy Notice with the corresponding legal bases for processing. Generally, the legal bases on which we rely on to process your personal data include:  our legitimate interests balanced against any potential impact on you and your rights; your consent to the processing; to perform a contract to which you are a party; our legal obligations, and the necessity to protect your vital interests as described in the table below.

Purpose for Processing	Legal Basis for Processing  Fulfillment of Requests  Third-Party Processors and Third Party Service Providers  Responses to Subpoenas or Court Orders or to Protect Rights and to Comply with our Policies 	Based on our legitimate interests. When we process your personal data for our legitimate interests we always ensure that we consider and balance any potential impact on you and your rights under data protection laws.  Online Advertisements   Direct Marketing and Communications  Third Party Marketing Partners 	Based on your consent. To deliver products and services, such as product or service purchases 	To perform a contract to which you are a party. Respond to law or process as Required by law in a Designated Country 	Based on legal obligations.  To Protect you, us, and others	To protect your vital interest.

 

4 - Data Subject Rights – EEA Residents

This portion of our EEA Privacy Notice provides information to EEA Residents about their applicable GDPR rights (often called “data subject rights”) and how to effectuate these rights by communicating with us. We provide you with the rights described below when you use our System. If you would like to exercise your rights under applicable law, please contact us at [email protected]. Please note, we will seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your personal information.

 4.1 - Right of Access

If you are an EEA Resident, you have the right to obtain from Eighth Generation the confirmation as to whether or not personal data concerning you is being processed by Eighth Generation. EEA Residents may request access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; and
  • information as to whether the personal data of an EEA Resident is transferred to a third country or to an international organization. Where this is the case, the EEA Resident shall have the right to be informed of the appropriate safeguards relating to the transfer.

If you need additional confirmation concerning the personal data that Eighth Generation is processing, you may request confirmation by sending an email to [email protected] with “Right of Access” in the subject line.

The right to access is described under Article 15 of the GDPR.

4.2 - Right to Rectification

If you are an EEA Resident, you have the right to request that Eighth Generation correct or “rectify” any inaccurate personal data concerning you.

If an EEA Resident believes Eighth Generation has inaccurate or incomplete personal data, you may request rectification by sending an email to [email protected] with “Right To Rectification” in the subject line. Eighth Generation will take steps to correct any inaccurate or incomplete data within thirty (30) days of receiving your email request.

The right to rectification is described under Article 16 of the GDPR.

4.3 - Right to Erasure (Right to be Forgotten)

If you are an EEA Resident, you have the right to request Eighth Generation to erase/delete personal data concerning you without undue delay. Eighth Generation shall have the obligation to erase personal data without undue delay under the following circumstances:

  • The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The EEA Resident objects to the processing pursuant to Article 21(1) (i.e., the Right to Object described below), and there are no overriding legitimate grounds for the processing, or the EEA Resident objects to processing personal data for direct marketing purposes which the EEA Resident can terminate by following the instruction described here explaining how to unsubscribe from direct marketing materials you requested.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in a Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned circumstances applies, and you are an EEA Resident and wish to request the erasure of personal data stored by Eighth Generation, you may request erasure/deletion by sending an email to [email protected] with “Right To Be Forgotten” in the subject line. Eighth Generation will comply with the erasure/deletion request within thirty (30) days of receiving your email request.

The right to erasure is described under Article 17 of the GDPR.

4.4 - Right of Restriction of Processing

EEA Residents have the right to restrict Eighth Generation’s processing of personal data if one of the following circumstances applies:

  • the accuracy of the personal data is contested by an EEA Resident, for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and the EEA Resident opposes the erasure of the personal data and requests the restriction of their use instead;
  • Eighth Generation no longer needs the personal data for the purposes of the processing, but the EEA Resident needs the personal data for the establishment, exercise or defense of legal claims;
  • the EEA Resident has objected to processing pursuant to Article 21(1) of the GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted because the accuracy of the personal data is contested by the EEA Resident, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

Eighth Generation will inform any EEA Resident who has obtained the restriction of processing because the accuracy of the personal data is contested by the EEA Resident before the restriction of processing is lifted.

The right to restriction of processing is described under Article 18 of the GDPR.

4.5 - Right to Object

If you are an EEA Resident, you have the right to object, on grounds relating to your particular situation, at any time, to the processing of your personal data, which is based on Eighth Generation’s legitimate interest grounds for lawful data processing under Article 6(1)(f) of the GDPR and described in the “Legal Bases of Processing” section of this Privacy Notice.

If you are an EEA Resident and object to the processing of your personal data, please notify us by sending an email to [email protected] with “Objects to Processing” in the subject line and Eighth Generation will no longer process the personal data if we cannot demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

The right to object is described under Article 21 of the GDPR.

4.6 - Right to Data Portability

The right to data portability is available when the data processing activity is based on consent under Article 6(1)(a) or Article 9(2)(a) or when the data processing is necessary for the performance of a contract under Article 6(1)(b) or where the processing is carried out by automatic means.

The right to data portability is described under Article 20 of the GDPR.

4.7 - Retention of Data

We retain personal data where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we’ll rely on these criteria when determining the applicable retention period:

  • Whether we have a legal or contractual need to retain the data.
  • Whether the data is necessary to provide our Website.

When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it or, if this is not possible (for example, because your personal has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.

  1. - Transferring Personal Data from a Designated Country to the U.S.

Eighth Generation has its headquarters in the United States. Information we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. A finding of “adequacy” in short means that the European Commission has decided that this country outside the EEA ensures an adequate level of data protection. Eighth Generation may rely on Standard Contractual Clauses described in Article 28 of the GDPR to transfer Personal Data from the EEA to the U.S. The personal data that Eighth Generation processes and transfers to the U.S. is necessary for the purposes of the compelling legitimate interests of Eighth Generation in providing superior Services in a manner that does not outweigh your rights and freedoms. Eighth Generation endeavors to apply suitable safeguards to protect the privacy and security of its customers and website visitors’ personal data and to use it only consistent with the specific relationship with Eighth Generation and the practices described in this Privacy Notice. Eighth Generation also minimizes the risk to your rights and freedoms by not collecting or storing sensitive information about you.

  1. - Changes to this EEA Privacy Notice

We reserve the right, in our discretion, to amend this EEA Privacy Notice at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check this EEA Privacy Notice periodically for changes. We will display the effective date of this EEA Privacy Notice at the top of this page. If you do not agree with the changes and if you are a registered user, you may cancel your account with us by contacting us at [email protected]. The version of this EEA Privacy Notice posted here on each respective date you visit the System shall be the EEA Privacy Notice applicable to your access and use of the System on that date. Our electronically or otherwise properly stored copy of this EEA Privacy Notice shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this EEA Privacy Notice which was in force on each respective date you visited the System.