Privacy Policy

NexGen Technologies, LLC, and its subsidiaries, affiliates and parent companies (“NexGen”, “we”, “us” or “our”) is committed to protecting your privacy and ensuring you have a positive experience when you use our virtual office, video conferencing and communication services (the “Services”), visit our webpages, interact with us on social media, or attend a NexGen sponsored event offline or online.

This Statement explains NexGen’s practices when we process your “personal data,” which is information that relates to an identified or identifiable individual. To “process” or “processing” means any use of personal data including, transferring, collecting, recording, storing, using, analyzing, combining, disclosing, or deleting it.

This Statement may be updated periodically. If we plan to make any material changes to the way we handle personal data as described here, we will notify you by posting an updated version of this Statement on our website.

What this Statement Covers

This Statement applies to the personal data we process as a data controller, that is, as the party that determines what data to collect and why. You provide some of this data directly, and we get some of it by collecting data about your interactions, use, and experiences with the Services. The data we collect depends on the context of your interactions with NexGen and the choices you make, including the products and features you use. We also obtain data about you from third parties.

When you use NexGen’s Services through a NexGen account holder, such as your employer or school, the processing of your personal data is determined and administered by that account holder under its privacy policies. If you have questions about how and why your personal data is collected, the legal basis for processing, or requests regarding your personal data, please refer to the account holder’s privacy statement and direct your inquiries to the account holder or its administrator.

NexGen and Children

• School Subscriber means a primary school, secondary school, school district or school system that is responsible for controlling all K-12 Accounts under the domain applicable to such school, district, or system.

• K-12 Account Administrator means technical or administrative personnel designated by the School Subscriber with the right to use K-12 Accounts provided to the School Subscriber by NexGen for the purpose of administering the Service and responding to Student User personal information access requests from parents or legal guardians of Student Users.

• K-12 Account User means teachers, principals, and other educators and school personnel authorized by a School Subscriber to use its K-12 Account for educational purposes, including to facilitate meetings with Student Users.

• Student User means a student that the School Subscriber permits to use the Services under the supervision of K-12 Account Users.

NexGen does not knowingly allow children under the age of 16 to sign up for their own accounts. Primary and secondary schools or districts register to use NexGen’s services.

Student Users are not permitted to create K-12 Accounts but may use the Services when invited to join a meeting hosted by a K-12 Account User.  Although NexGen prohibits children and teens under the age of 16 from creating a NexGen account (and employs an online age screen to support this restriction), Student Users, even if under the age of 13, may join a meeting hosted by a K-12 Account User. School Subscribers are responsible for obtaining any parental consent necessary for use of the Services under their K-12 Accounts by Student Users, including children under the age

NexGen App Marketplace & Other Sites, Mobile Applications and Services

This Privacy Statement does not apply to any third-party applications or software that you elect to add to the Services (“Third Party Services”), or any other third-party websites, mobile applications, or online products, services or businesses you may access from the Services. When you activate an App from the NexGen App Console, for example, the app publisher provides its own terms of service, privacy policy and support information. Please review that information carefully.

Personal Data We Process & How We Use It

The table below describes NexGen’s processing of personal data as a data controller.

Types of Personal Data

How We Get It

What We Do With It

Legal Basis*

Paid Account Holder Data
Information we collect for a Paid NexGen Account, such as:Date of birth (for age-verification purposes only, NexGen does not retain or use this information for any other purpose)

First Name
Last Name
Phone (optional)
Email
Language preference
Profile Picture for avatar (optional)
Department (optional)
Billing name
Billing phone
Billing address
Payment method
Company Name
Employee count (if applicable)

From the Paid NexGen Account registrant

Create a NexGen Account
Provide NexGen services
Respond to requests for support
Send marketing communications, where permitted
Provide announcements related to software updates, upgrades, and system enhancements

Contract
Legitimate Interests

Operation Data

Technical information from NexGen’s software or systems hosting the Services, and from the systems, applications and devices that are used to access the Services, such as:
Configuration Data: information about the deployment of NexGen Services and related environment information.
Meeting metadata: metrics about when and how meetings were conducted.
Feature Usage Data: information about if and how Service features were used.
Performance Data: metrics related to how the Services perform.
Service Logs: information on system events and states.

Automatically through use of the Services

Facilitate the delivery and optimization of the Services
Monitor performance of our data centers and networks
Provide Account dashboards and reports
Provide support
Maintain the security of our infrastructure and Services
Administer our disaster recovery plans and policies
Detect, investigate, and stop fraudulent, harmful, unauthorized, or illegal activity (“fraud and abuse detection”)
Confirm compliance with contractual obligations
Comply with legal obligations
Create anonymized and/or aggregated data to improve our products and for other lawful business purposes

Contract
Legitimate interests
Protect vital interests
Legal compliance

Support and Feedback Data, such as: Support Data: information that has been provided by a customer to NexGen or is otherwise processed in connection with support activities such as support chats or calls (including recordings of those calls) and Service support tickets.
Survey Data: feedback from in-service Survey data relates to a customer’s Net Provider Score (“NPS”) and other similar in-Service surveys or feedback in relation to use of the relevant Services.

Directly from a NexGen user

Respond to requests for support

Conduct anonymized, aggregated analytics to improve performance

Contract
Legitimate interests

Approximate Location (e.g.,nearest city or town)

Automatically through your use of the Services

Connect you to the nearest data center

Comply with privacy and other laws – for example, so we can provide you with the right notices for your area
Suggest choices such as language preferences
Monitor performance of our data centers and networks
Route support requests

Contract
Legitimate interests
Legal obligation

Persistent Identifiers on Marketing Pages

Data collected using cookies and pixels from tools (such as Google Analytics andGoogle Ads), such as: Internet protocol (IP) addresses, Browser type, Internet service provider (ISP), Referrer URL, Exit pages, the files viewed on our marketing sites (e.g., HTML pages, graphics, etc.), Operating system, and Date/time stampApproximate location (e.g., nearest city or town) Please see our Cookie Policy for more detail.

Depending on how you choose to configure our cookie preference tool, we may collect this info automatically from our Marketing Pages and other online services

Analyze how our website is used so we can improve your experience
Complete orders and remember your settings
Identifying language preferences
Evaluate the success of our Marketing campaigns
Marketing, including facilitating tailoring of advertising you see when you are on other online services

Consent
Legitimate Interests

Persistent Identifiers on Product Pages
These are third-party cookies that are necessary for technical support and to deliver the service. Please see our Cookie Policy for more detail.

Automatically when you use the Services from your web browser

Provide the Service
Provide Technical Support

Contract
Legitimate Interests

Marketing Data
Data enrichment services (only in connection with Marketing Pages)
Email marketing lists (where permitted under applicable law)

From Third Parties and public sources

Marketing activities
Sending marketing communications
Providing tailored information about our Services

Legitimate Interests

NexGen sponsored or co-sponsored Event Attendee information
Event title & details
Name
Email address
Employer (if applicable)
Job Title (if applicable)

From you or the party responsible for registering you for a NexGen sponsored event

Communicate with you about the event
Run opt-in contests, sweepstakes, or other promotional activities
Provide you with information and offers from us or event co-sponsors

Contract
Consent
Legitimate interests

*Legal Basis applies only in the EEA, and only within the meaning of the EU’s General Data Protection Regulation (GDPR).

Customer Content

Customer content is the “in-session” information you give us directly through your use of the Services, such as files, chat logs, and transcripts, and any other information you may upload while using the Services. NexGen uses customer content only in connection with providing the Services – we do not monitor, sell, or use customer content for any other purposes.

We do not control the actions of anyone with whom you or any other Service user may choose to share information. Therefore, we cannot and do not guarantee that any customer content you or any user provides to the Services will not be viewed by unauthorized persons. Nor can NexGen control the information a user may choose to share during a meeting. Although NexGen account holders can set privacy options that limit access to certain areas of the Services, please be aware that no security measures are perfect or impenetrable and that we are not responsible for circumvention of any security measures contained on the Services. You should be cautious about the access you provide to others when using the Services, and the information you choose to share when using the Services.

NexGen’s Product and Marketing Pages

NexGen generally processes personal data in two different manners using its websites and apps. First, NexGen processes personal data it obtains from the webpages or application interfaces that NexGen uses to provide its Services, such as the landing page a user sees after clicking on a link to join a meeting (NexGen’s “Product Pages”). Product Pages also include webpages and links that are only accessible to a NexGen account holder after they login to their NexGen account. Product Pages serve only third-party cookies that are necessary for technical support and to deliver the service. There are no interest-based advertising cookies on Product Pages.

Second, NexGen processes personal data obtained from its webpages that are accessible without logging in to a NexGen account (NexGen’s “Marketing Pages”). Marketing Pages, such as www.nexgenvirtualoffice.com, are designed to encourage sales of NexGen subscriptions. They tell you about our product, plans, and pricing, features, and other related information.

Like many companies, we use advertising services that try to tailor online ads to your interests based on information collected via cookies and similar technologies on our Marketing Pages. This is called interest-based advertising. You can opt-out of the use of cookies. You will need to set your preferences from each device and each web browser from which you wish to opt-out. Our Services uses a cookie to remember your preferences, so if you clear all cookies from your browser, you will need to re-set your settings. For more information regarding cookies or similar technologies, please review our Cookie Policy.

How We Share Personal Data

We only share personal data with companies, organizations, or individuals outside of NexGen when one of the following circumstances applies:

With Consent

We may share personal data with companies, organizations, individuals outside of NexGen and others when we have consent from an individual (as applicable).

With NexGen Partners

If NexGen received your personal data from a third-party partner and you become a Customer, NexGen may disclose select personal data to that partner or their designee for the purpose of the partnership agreement; for example, to reward a referral partner from a co-sponsored event. NexGen’s partners have contractually agreed to comply with appropriate privacy and security obligations.

For corporate transactions

We may share personal data with actual or prospective acquirers, their representatives and other relevant participants in, or during negotiations of, any sale, merger, acquisition, restructuring, or change in control involving all or a portion of NexGen’s business or assets, including in connection with bankruptcy or similar proceedings.

For sub-processing

We provide personal data to sub-processors or services providers to help us provide the Services and for NexGen’s business purposes. Examples include public cloud storage vendors, carriers, payment processor, and service provider for managing customer support tickets. NexGen contractually prohibits sub processors from using the personal data for any reason other than to provide the contracted-for services and NexGen contractually requires sub-processors to comply with all appropriate privacy and security requirements.

For legal reasons

We share personal data with companies, organizations, or individuals outside of NexGen if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to:

• meet any applicable law or respond to valid legal process, including from law enforcement or other government agencies.

• enforce applicable Terms of Service, including investigation of potential violations.

• detect, prevent, or otherwise address fraud, security, or technical issues.

• protect against harm to the rights, property, or safety of NexGen, our users, or the public as required or permitted by law, including to help prevent the loss of life or serious injury of anyone.

SMS Privacy Policy

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Data Subject Privacy Rights and Choices

Right to Correct or Update Your Information

If you would like to correct or update the information that you have provided to us, please contact your Account Representative to update your profile.

Marketing Communications

You may receive marketing email communications from us where permissible. If you would like to stop receiving these communications, you can update your preferences by using the “Unsubscribe” link found in those emails or sending your request to joe.j@xcsat.com.

European Privacy Rights

If you reside in the European Economic Area, you may have the right to exercise certain privacy rights available to you under applicable laws. We will process your request in accordance with applicable data protection laws. We may need to retain certain information for record-keeping purposes or to complete transactions that you began prior to requesting any deletion.

• Right not to provide consent or to withdraw consent. We may seek to rely on your consent in order to process certain personal data. Where we do so, you have the right not to provide your consent or to withdraw your consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

• Right of access and/or portability. You may have the right to access the personal data that we hold about you and, in some limited circumstances, have that data provided to you so that you can provide or “port” that data to another provider.

• Right of erasure. In certain circumstances, you may have the right to the erasure of personal data that we hold about you (for example if it is no longer necessary for the purposes for which it was originally collected).

• Right to object to processing. You may have the right to request that NexGen stop processing your personal data and/or to stop sending you marketing communications.

• Right to rectification. You may have the right to require us to correct any inaccurate or incomplete personal information.

• Right to restrict processing. You may have the right to request that we restrict processing of your personal data in certain circumstances (for example, where you believe that the personal data we hold about you is not accurate or lawfully held).

• Right to lodge a complaint to your local Data Protection Authority. If you are an EEA resident, you have the right to complain to a data protection authority about our collection and use of your personal data.

How to Exercise Your Rights

To exercise any of the rights above, Contact your Account Representative via email at joe.j@xcsat.com. You may also submit a request to the following address:

NexGen Technologies LLC
2234 N. Federal Highway #103
Boca Raton, FL 33431

Please identify yourself and specify your request. If you have a password protected NexGen account, we will use your account information to verify your identity. If not, we will ask you to provide additional verification information. What we request will depend on the nature of your request, how sensitive the information is, and how harmful unauthorized disclosure or deletion would be.

We use commercially reasonable efforts to delete your personal data as required but retain records necessary to comply with a governmental authority or applicable federal, state, or local law. Where legally permitted, we may decline to process requests, including requests that are unreasonably repetitive or systematic, require disproportionate technical effort, or jeopardize the privacy of others.

International Transfers

NexGen operates globally, which means personal data may be stored and processed (for example stored in a data center) in any country where we or our service providers have facilities or hold events. By using NexGen or providing personal data for any of the purposes stated above, you acknowledge that your personal data may be transferred to or stored in the United States or in other countries around the world. Such countries may have data protection rules that are different and less protective than those of your country.

If you are a resident of the European Economic Area (EEA), and your personal data is transferred outside of the EEA, we will:

• Process it in a territory which the European Commission has determined provides an adequate level of protection for personal information; or

• Implement appropriate safeguards to protect your personal information, including transferring it in accordance with applicable transfer mechanism, including the European Commission’s standard contractual clauses or the Privacy Shield Framework.

NexGen complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union, the United Kingdom, and Switzerland to the United States in reliance on Privacy Shield. NexGen has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this Statement and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern.

In compliance with the Privacy Shield Principles, NexGen Collaborative, LLC commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact NexGen Technologies, LLC at: 

NexGen Technologies LLC

2234 N. Federal Highway #103,
Boca Raton, FL 33431
joe.j@xcsat.com

NexGen Technologies, LLC has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.

To learn more about the Privacy Shield program, and to view our certification page, please visit the U.S. Department of Commerce’s Privacy Shield List, https://www.privacyshield.gov/list and search for NexGen Technologies, LLC.

NexGen is responsible for the processing of personal data it receives under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. NexGen complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, Switzerland, and the United Kingdom including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, NexGen is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, NexGen may be required to disclose personal data in response to valid and lawful requests by public authorities, including to meet national security or law enforcement requirements.

Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you can invoke binding arbitration when other dispute resolution procedures have been exhausted.

Retention

We will retain personal data for as long as required to do what we say we will in this Statement unless a longer retention period is required by applicable law. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide our services to you (for example, for as long as you have an account with us or keep using our services).

• Whether we have a legal obligation to keep the data (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or

• Whether retention is advisable in light of our legal position (such as regarding applicable statutes of limitations, litigation, or regulatory investigations).

Customers may request NexGen delete their accounts.

Security

NexGen is committed to protecting your personal data. We use reasonable and appropriate technical and organizational measures to protect personal data from loss, misuse and unauthorized access, disclosure, alteration, and destruction, taking into due account the risks involved in the processing and the nature of the personal data. If you have any questions about the security of your data, please contact our security team at joe.j@xcsat.com

How to Contact Us

If you have any privacy-related questions or comments related to this Statement, please send an email to joe.j@xcsat.com You can also contact us by writing to this address:

NexGen Technologies, LLC.
Attention: Data Privacy Officer
2234 N. Federal Highway #103
Boca Raton, FL 33431
joe.j@xcsat.com