Privacy Policy

Effective Date: August 30, 2021

Welcome to the Broadlume Lead Management’s (“RLM“, “we”, “us”, or “our”) website. RLM provides this Privacy Policy to inform you (sometimes referred to as a “user,” “you,” or “your”) about the information that RLM collects from you directly through or from a website and other online or mobile services or applications that RLM links to this Privacy Policy (collectively, the “Website(s)”), or from telephone, facsimile, postal mail, personal delivery, or other additional offline means or media, e.g., engaging with us on social media or with us or our owners, subsidiaries, affiliates, partners, officers, employees, vendors, agents, or anyone acting on our behalf in person. This Privacy Policy also explains why we collect this information, how we use it, and when we share it with third parties, and describes the choices you may have regarding use, access, and correction of the information that you provide to us.

By providing us with any business information (such as the company’s or other legal entity’s (a “Company”) name, physical and mailing addresses, cities, states, countries, Zip Code, license numbers, tax identification number, the company’s customers’, subcontractors’, contractors’ names, physical and mailing addresses, cities, states, countries, Zip Code, license numbers, tax identification numbers, and other information you collect from your customers to transact business and otherwise provide services to them, debit/credit/prepaid card information and billing address and other information required to complete RLM’s registration process to use our lead management system or other services (“Services”), Authorized User Account login credentials, and other information that you voluntarily provide to RLM in your communications or during interactions with us on social media, with us or our owners, subsidiaries, affiliates, partners, officers, employees, vendors, agents, or anyone acting on our behalf in person, or by email, written correspondence, or during a call), you accept, without limitation or qualification, this Privacy Policy and agree to be bound by this Privacy Policy, including, but not limited to, the Dispute Resolution – Mandatory Arbitration and Class Action Waiver provision. If you do not agree to this Privacy Policy, do not provide us with any Personal Identifiable Information. Acceptance of this Privacy Policy constitutes a binding legal agreement between you and RLM.

You may be an individual accessing and using our Website exclusively on behalf of a Company. When using a Website, an employee of the Company (a “Representative”) may also provide RLM with certain information such as your name, title, business mailing address, city, state, Zip Code, work or mobile telephone number, the Representative’s Authorized User Account login credentials, or other information that the Representative voluntarily provides to RLM in communications or during interactions with us on social media, with us or our owners, subsidiaries, affiliates, partners, officers, employees, vendors, agents, or anyone acting on our behalf in person, or by email, written correspondence, or during a call.

The Company and Representative(s) may provide RLM with information about the Company or Representative that is readily available to the public either. All of the public information provided by a Company or a Representative(s) to RLM is, collectively, “Public Business Information,” and all of the confidential business information provided by a Company or its Representative(s) to RLM is, collectively, “Confidential Business Information.” By using a Website and providing RLM with Confidential Business Information and Public Business Information, the Company and Representative(s) accept, without limitation or qualification, this Privacy Policy and agree to be bound by this Privacy Policy, including, but not limited to, the Dispute Resolution – Mandatory Arbitration and Class Action Waiver provision. If the Company or Representative(s) do not agree to be bound by this Privacy Policy, do not provide us with any Business Information. If the Company agrees to be bound by this Privacy Policy but the Representative does not, the Company warrants and represents that it will not provide the Representative with Authorized User Account login credentials and the Representative agrees that she/he will not use the Website. Acceptance of this Privacy Policy constitutes a binding legal agreement between the Company, Representative(s) and RLM.

This Privacy Policy is also incorporated into our Terms of Service and Terms of Use, which must be reviewed and accepted by the Company and Representative(s) as a condition of use of a Website or our Services. Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, protect and otherwise handle Confidential Business Information, and your related choices, rights and responsibilities.

1. Users/COPPA (Children Online Privacy Protection Act). Individuals under the age of 18 are not eligible to use our Websites. Any user using, visiting, or browsing an RLM Website or providing information to RLM is certifying that he/she is over the age of 18.

By using, visiting, or browsing a Website or providing information on behalf of a Company, you represent that you have the authority to bind that entity to this Privacy Policy and our Terms of Use. In that situation, “you” and “your” will refer to both you and that entity.

We are committed to protecting the privacy of children. The Website is not designed or intended to attract individuals under the age of 18, and we do not knowingly collect personal information online from visitors under the age of 18. If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and our Terms of Use and provided us with personal information, please contact us so that we may take steps to remove that information from our servers. If we become aware that we have collected information from children without verification of parental consent, we will take steps to remove that information from our servers.

2. Changes to Our Privacy Policy. RLM may from time to time update this Privacy Policy for any reason, and RLM expressly reserves the right to change this Privacy Policy and any provision herein. We will notify you of any material changes to this Privacy Policy by posting the new Privacy Policy on www.RetailLeadManagement.com and by changing the “Effective Date” at the top. You are bound by any such revisions and should therefore periodically visit www.RetailLeadManagement.com to determine the then current Privacy Policy to learn of any revisions.

If the changes may have a fundamental impact on the nature of our Services to you or may otherwise substantially impact you, we may also provide notice to you via email if you have provide an email address to us. You are responsible for making sure that we have your current email address.

If you have any questions, please contact RLM at privacy@RetailLeadManagement.com

3. Information Collection. You can use a Website without actively revealing Confidential Business Information, i.e., to review information about our Services. To contact us through the Website and use certain of the features of the Website, you may be required to provide certain Confidential Business Information. You may also provide us with Confidential Business Information by telephone, facsimile, postal mail, email, or other additional offline means or media, e.g., engaging with us on social media, engaging with us or our owners, subsidiaries, affiliates, partners, officers, employees, vendors, agents, or anyone acting on our behalf in person, by email or other written correspondence, or during a call.

Although RLM collects payments for any required Fees, RLM does not retain a copy of any debit/credit card information and it does not have access to this information unless the payment information is provided directly to RLM in its course of dealings with you. All financial transactions with RLM are processed through our gateway provider and are not stored or processed on an RLM server. The processing of those transactions is governed by the payment processors’ privacy policy and security practices.

If you actively communicate about or with us on social media, we may collect a copy of your communication. In order to enable us to do so, we contract with third parties for the provisioning of social listening services. Any information you post or disclose on social media is public and may be available to other users and the general public. Also, if you disclose any information relating to other business entities or people to us or to our service providers, by doing so, you represent that you have the authority to do so and to permit us to use that data in accordance with this Privacy Policy.

In addition, RLM collects certain information from users of the Websites that does not reasonably identify, relate to, describe, associate with, or link, directly or indirectly, to a Company or Representative. Such de-identified data ordinarily includes aggregate, summary, or other usage data, and may include, by way of example, statistics regarding total users, information regarding types of Internet browsers used by users, click stream information, and widget usage patterns (collectively, the “Aggregate Information”). RLM does not collect from these third parties information that would enable it to re-identify this information with a particular consumer and RLM has policies and procedures in place to, among other things, safeguard against such a practice if it were possible. RLM also collects de-identified Aggregate Information about users’ IP addresses to help diagnose problems with our server and to administer our Website.

4. Changes to Your Public Business Information/Confidential Business Information. The Company creates an account on a Website with login credentials for one or more users, as permitted by its agreement with RLM (“Authorized User” and “Authorized User Account”). The Company is solely responsible for providing its Representative(s) with login credentials and for its Representative(s)’s access to the Authorized User Account. Only the Company and its authorized Representatives will have access to Confidential Business Information uploaded to the Authorized User Account. If you are an Authorized User, you may log into your Authorized User Account and change certain Public Business Information and Confidential Business Information. If you are not an Authorized User, you may contact RLM at privacy@RetailLeadManagement.com to request changes to certain Public Business Information and Confidential Business Information that has been provided to us. Before we make such changes, we will confirm that you are authorized to make such a request by contacting an Authorized User of the Company’s Authorized User Account.

5. Information Use. RLM may use Confidential Business Information and Aggregate Information to

a. personalize your experience with RLM and on a Website, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Website,
b. deliver the Website, features and Services desired by you,
c. improve the Website,
d. enable us to better serve you in responding to your customer service requests and inquiries, and provide customer support to you,
e. quickly process your transactions,
f. collect payment from you,
g. fulfill our contractual obligations,
h. allow you to participate in interactive features on a Website, like an online chat function,
i. improve, upgrade, and enhance the Website and performance of the Website, including customer survey responses, ratings and reviews,
j. follow up with you in connection with your use of our Website and Services,
k. provide customized advertisements, content, and information,
l. audit related interactions with you, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and effectiveness of our marketing activities,
m. audit compliance with this specification and other standards,
n. internal research for technological development and demonstration,
o. send additional information related to our Services and new Services and Website features,
p. periodically email you about discounts, special promotions or upcoming events,
q. alert you to changes to the Privacy Policy,
r. alert you to a change of ownership of RLM, in whole or in part,
s. monitor aggregate usage metrics such as total number of visitors, pages viewed, etc.,
t. track your entries, submissions, and status in any promotions or other activities,
u. verify and maintain the quality or safety of the Website, and its services and other related equipment, controlled by RLM,
v. debug to identify and repair errors that impair the Website’s intended functionality,
w. detect security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity,
x. comply with other legal obligations, for example, responding to legally binding requests from regulators, law enforcement authorities or other government authorities,
y. exercise our legal rights where necessary, for example, to detect, prevent, and respond to fraud, violations of law, or intellectual property infringement, and
z. any other purposes disclosed to you at the time RLM collects your information or pursuant to your consent.

RLM may obtain your consent to collect and use certain types of Confidential Business Information when we are required to do so by law. If RLM asks for your consent and you give it, you may withdraw your consent at any time by contacting us at privacy@RetailLeadManagement.com. RLM will inform you of the consequences of withholding or withdrawing consent when we ask for your consent and if you withdraw your consent.

6. Information Disclosure. RLM does not sell, rent, trade, or disclose Confidential Business Information collected from its customers to third parties for their own direct marketing use, and expressly prohibits any third parties with which it shares such information from retaining, using, or disclosing this information for any purpose other than providing RLM with the contracted for services, including prohibiting them from selling this information and retaining, using, or disclosing this information for any other purposes. RLM expressly reserves the right to change this part of our Privacy Policy and, if we do, RLM will post a revised Privacy Policy with a new Effective Date and we may also provide additional notice to you if you have provided an email address to us. You are responsible for making sure that we have your current email address by updating your Authorized User Account profile with us or by contacting us at privacy@RetailLeadManagement.com.

RLM may sell or disclose Confidential Business Information to any third party that purchases, or to which we transfer, all or substantially all of our assets and business or merge with at some future date. Should such a transaction occur, we may transfer Confidential Business Information to a third party as part of that transaction. Should such a transaction occur and the Privacy Policy changes, either we or the acquiring company will post a revised Privacy Policy with a new Effective Date and, if there will be a material change to the Privacy Policy, RLM may also provide additional notice to you if you have provided an email address to us. You are responsible for making sure that we have your current email address by updating your Authorized User Account profile with us or by contacting us at privacy@RetailLeadManagement.com.

RLM may employ or engage other companies and individuals to perform business functions on our behalf. These persons may be provided Confidential Business Information or Aggregate Information required to perform their functions. RLM expressly prohibits in its contracts with third parties their retention, use, or disclosure of information shared by RLM for any purpose other than providing RLM with the contracted for services, including prohibiting them from selling this information and retaining, using, or disclosing this information for any other purposes. These persons may engage in a variety of functions, including, but not limited to, analyzing data, providing marketing assistance, improving website design, performance, and functionality, providing legal or customer services, and other functions that we reasonably deem necessary for the further development of the functionality and usefulness of the Website. Other service providers will assist us with order fulfillment, including, but not limited to, processing payments and supporting customer survey and warranty-related activities.

RLM may disclose Confidential Business Information or Aggregate Information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect our rights and property or the rights and property of the public. RLM may use third parties to assist it to investigate, protect against and help prosecute individuals responsible for malicious, deceptive, fraudulent, or illegal activity involving or affecting RLM, a Website, our services, our products or our customers. This may include disclosures to law enforcement, prosecutors, and other entities to investigation potential criminal activity and other civil violations. RLM may also use third parties to assist it to comply with applicable laws, in response to a lawful and enforceable request by a law enforcement, judicial, or other public authority, or in connection with an applicable legal obligation or to protect our rights and property or the rights and property of the public.

RLM may disclose Aggregate Information to advertisers and other third parties for their research marketing, promotional, and marketing analysis purposes, such as trends or how many users clicked on a particular offer. This Aggregate Information may be shared with and used by third parties to help RLM to better understand and serve our customers.

7. Cookie Policy. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies enable our systems to recognize your browser as you (“Cookies and Tracking Technologies”). RLM’s Website uses cookies to help us identify and track visitors, their usage of a Website, and their Website access preferences, and RLM either directly or through a third party collects your IP address, device ID information, ISP provider, browser type, and the actions you take on our Website. Our cookies only collect Confidential Business Information when you are logged into your Authorized User Account on a Website.

The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. If users disable cookies in their browser, some features will be disabled and may not function properly, including features that make your site experience more efficient and you will not be able to log in to the Website.

The following table describes the categories of cookies we use and why we use them:

 

 

 

RLM uses Google Analytics, a remarketing technology, to allow RLM to reach out to you after you have left a Website by storing a cookie in your browser. If you do not wish for RLM to utilize this technology or you have any other questions about RLM’s Cookie Policy, please contact RLM at privacy@RetailLeadManagement.com. Google utilizes the data collected to track and examine the use of a Website, to prepare reports on its activities and share them with other Google services.

Google may use the data collected to contextualize and personalize the ads of its own advertising network. In connection with using Google Analytics we have implemented the following:

a. Google Display Network Impression Reporting
b. Demographics and Interests Reporting

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

8. “Do Not Track” Browser Settings. RLM does not use technology that recognizes a “do-not-track” signal from your web browser, because we do not track users other than for aggregate statistical purposes. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

We may track your online activities over time and across third-party Website or online services using exclusively Aggregate Information.

Third parties may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

9. Opting Out of Communications. If you have subscribed to or are otherwise receiving emails from RLM and no longer want to receive such emails in the future, you may opt-out of receiving these emails by clicking the “unsubscribe” link at the bottom of any of the emails you have received. Please allow ample time for us to process your request. If you are having difficulty unsubscribing, please contact RLM at privacy@RetailLeadManagement.com.

Even if you opt-out of receiving emails, you may still receive emails from RLM related to your interactions with us (such as confirmation of a registration or form submission) or otherwise as required by law. Also note that we may need to keep Confidential Business Information we have collected about you to respect your decision to opt-out, for record-keeping, research and other purposes.

If you have subscribed to or are otherwise receiving direct mail from RLM and no longer want to receive such communications in the future, you may opt-out of receiving these communications by contacting RLM at privacy@RetailLeadManagement.com.

10. Mergers/Acquisition. For the purpose of developing and expanding our business, we may share, rent, sell or buy business assets. Should such a sale or transfer occur, Confidential Business Information is generally one of the transferred business assets. Also, in the event RLM or its assets are acquired in a merger or other similar transaction, Confidential Business Information will very likely be one of the transferred assets. As explained above, if such a sale, transfer, or merger occurs, and the Privacy Policy changes, either RLM or the acquiring company will post a revised Privacy Policy with a new Effective Date, and you may receive additional notice if you have provided an email address to us. You are responsible for making sure that we have your current email address.

11. Security. RLM endeavors to protect our customer’s Confidential Business Information and to maintain the quality and integrity of this data. This includes scanning our Website on a regular basis for security holes and vulnerabilities in order to make your use of a Website as safe as possible.

Your Confidential Business Information is maintained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and for the purpose of maintaining the security and integrity of our security, Website, and Services. We implement a variety of security measures when a user enters data to maintain the safety of your Confidential Business Information. To achieve information security and quality, we implement appropriate measures and processes, such as using encryption to the extent we transmit certain sensitive information.

Please be aware that, although we endeavor to provide reasonable security for information in our possession and control, no security system can prevent all potential security breaches, and we bear no liability for uses or disclosures of personal data or non-personal data due to no fault of ours including, but not limited to, errors in transmission and unauthorized acts of our staff and/or third parties or any unauthorized access to your Authorized User Account on a Website due to third parties collection of your username and password from you.

Although we may collect your payment information on a Website or if you provide it to us directly, all financial transactions are processed through our gateway provider and are not stored or processed on our servers. The processing of those transactions is governed by the payment processors’ privacy policy and security practices. RLM is not responsible for the third-party payment processors’ data security practices.

RLM will keep your Confidential Business Information for as long as we have a relationship with you. Once our relationship with you has come to an end, RLM reserves the right to retain your Confidential Business Information for a period of time that enables us to:

a. maintain business records for analysis and/or audit purposes,
b. comply with record retention requirements under the law,
c. defend or bring any existing or potential legal claims,
d. deal with any complaints regarding the services,
e. enforce our contractual obligations, and
f. respond to any inquiries from a law enforcement agency.

RLM may delete your with Authorized User Account, including any Confidential Business Information uploaded to it, when it is no longer required for any of these purposes.

12. Your California Privacy Rights. Under California law, including, but not limited to the California Consumer Privacy Act, California residents have rights to access, delete, or otherwise control covered businesses’ use, collection, and/or disclosure of their personal identification information. These rights include:

a. Right to Access/Disclosure. California residents have the right to have access to their personal identification information by submitting a verifiable request, free of charge, to a covered business.

b. Disclosure of Direct Marketers. California residents have the right to have access to their personal information shared with third parties for their own direct marketing purposes by submitting a verifiable request, free of charge, to a covered business.

c. Collecting, Selling, Sharing, or Disclosing Personal Information: California residents have the right, after the covered business’s receipt of a verifiable request, to obtain a list of: (i) the specific pieces of the California resident’s personal information held by the covered business; (ii) the categories of the California resident’s personal information collected by the covered business, sold to third parties, or disclosed to third parties for business purposes; (iii) the categories of the California resident’s personal information sold within the last 12 months; (iv) the categories of the sources from which the California resident’s personal information is collected by the covered business; (v) the covered business’s business or commercial purpose for collecting or selling the California resident’s personal information; and (vi) the categories of third parties with whom the California resident’s personal information is shared, sold, or disclosed for a business or commercial purpose by the covered business.

d. Right to Opt-Out of the Sale of Personal Information: Under California Law, California residents have the right to opt-out of the sale of their personal identification information by a covered business under certain circumstances. As confirmed above, RLM does not sell its customers Personal Identification Information

i. Right to Deletion / “Right to be Forgotten”. Under California Law, California residents have the right to have their personal identification information deleted under certain circumstances after providing the covered business with a verifiable request.

ii. Right to Data Portability. Under California Law, California residents have the right to have their personal identification information directly transferred by the covered business to a third-party processor of the California resident’s choice (where technically feasible; may be limited to situations when processing is based on consent).

iii. Right to Non-Discrimination. As defined under relevant California law, California residents have a right to non-discrimination in the services or quality of Services received from a covered business even if they exercise their rights under California law.

Please refer to Submitting a Verifiable Request to RLM, below, for information about exercising any rights that you have under California law. We may ask you to verify your identity before responding to such requests.

e. Right to Correct Information About You. Under California Law, California residents have the right to correct incorrect information about them. Please refer to Submitting a Verifiable Request to RLM, below, for information about exercising any rights that you have under California law. We may ask you to verify your identity before responding to such requests.

f. Submitting a Verifiable Request to RLM. California residents have certain rights to access, delete, or otherwise control the use, collection, and/or disclosure of their personal identification information by a covered business. A covered business is entitled to verify the requesting individual’s identity to protect the personal identification information, and ensuring that the personal identification information is not shared with someone impersonating you or someone who is not authorized to act on your behalf.

You may submit a verifiable request to RLM by emailing privacy@RetailLeadManagement.com, writing to 500 Mamaroneck Ave. Ste 320 Harrison, NY 10528, or calling 888-855-1004. RLM will ask you to provide information about yourself so that we can verify your identity as part of this process. This information may include your name, Authorized User Account user name, or any other information deemed necessary by RLM to reasonably verify your identity, to ensure that your information is not shared with anyone impersonating you. We may ask for additional information if we have difficulty confirming your identity. We will not share your information or honor other requests in those situations in which we are unable to confirm a request for your information is a “verifiable request.”

Under California law, a California resident can appoint an “authorized agent” to make certain verifiable requests on their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. Because the security and privacy of your information is paramount, we will ask that you identify and provide permission in writing for such persons to act as your authorized agent and exercise your applicable rights under California law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity.

13. Your Nevada Privacy Rights. Under Nevada Law, Nevada residents may submit an opt-out request regarding the sale of their personally identifiable information collected through a website or online service. As confirmed above, RLM does not sell its customers Personal Identification Information. Even so, you may make a verified request to confirm your opt-out of RLM’s sale of your personal information to third parties by submitting an email to privacy@RetailLeadManagement.com.

14. Your Virginia Privacy Rights. Under Virginia Law, Virginia residents have the right to:

a. Confirm whether or not a covered business is processing the consumer’s personal data and to access such personal data;

b. Correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data;

c. Delete personal data concerning the consumer;

d. Obtain a copy of the consumer’s personal data that the consumer previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another business without hindrance, where the processing is carried out by automated means; and

e. Opt out of the processing of the personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

To exercise your rights, you may make a request to RLM by submitting an email to privacy@RetailLeadManagement.com and RLM will honor authenticated requests.

15. Policy Limitation. RLM may provide links to outside websites. This Privacy Policy applies only to a Website and in no way represents any privacy policy related to information shared with anyone else’s website(s). If you elect to share information with an outside website linked through this Website, you should review the other website’s privacy policy.

16. RLM’s Rights. Except as provided for in the Dispute Resolution – Mandatory Arbitration and Class Action Waiver provision herein, to the full extent permissible by applicable law, RLM reserves all rights and remedies available to it in law or equity. Waiver by RLM, or inaction by RLM with respect to your breach of any provision of this Privacy Policy, or failure of RLM to enforce any provision of this Privacy Policy will not be deemed a waiver of future compliance therewith or a course of performance modifying such provision, and such provision will remain in full force and effect as written.

17. Limitations on Liability. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RLM AND EACH OF ITS OWNERS, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS, VENDORS, INSURERS, SUCCESSORS, AGENTS, ASSIGNEES, AND TRUSTEE IN BANKRUPTCY (COLLECTIVELY, “RLM”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF A WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH A WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. RLM DOES NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND WE WILL HONOR THOSE RIGHTS ACCORDING TO APPLICABLE LAW.

IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RLM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

18. Indemnity. To the full extent permissible by applicable law, you agree to indemnify and hold harmless RLM and each of its owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, insurers, successors, agents, assignees, or trustee in bankruptcy from any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Privacy Policy; (b) your activities in connection with a Website; or (c) unsolicited Confidential Business Information you provide to RLM.

19. Consent to Communication. When you use a Website or send communications to RLM through a Website, you are communicating with RLM electronically using Confidential Business Information that you provide to us. You consent to receive RLM electronically communications related to your use of a Website and other interactions with RLM. RLM may communicate with you by email, phone, text message, or by posting notices on a Website or on social media. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting information to us, creating a Authorized User Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we and our authorized agents may contact you at that address or number in a manner consistent with our Privacy Policy and all other applicable other terms and conditions, including, but not limited to, RLM’s Terms of Service and Terms of Use.

20. Dispute Resolution – Mandatory Arbitration and Class Action Waiver. THIS SECTION REQUIRES THE PARTIES TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH RELIEF CAN BE SOUGHT BY EITHER PARTY.

a. Informal Efforts to Resolve Dispute. For any dispute with RLM or anyone acting on its behalf, you and anyone acting on your behalf agree to first contact RLM and attempt to resolve the dispute informally, which could include agreeing to participate in mediation.

b. Arbitration Notice. THIS PRIVACY POLICY CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT ANY CLAIM RELATING TO CONFIDENTIAL BUSINESS INFORMATION YOU HAVE SHARED WITH RLM MAY BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN A COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW.

CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO ARBITRATE CLAIMS ON BEHALF OF ANYONE ELSE, I.E., A CLASS ACTION. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIM.

c. Acknowledgment of Binding Arbitration Clause. When you provide RLM with any Confidential Business Information, you acknowledge that you are giving up the right to litigate “Claims,” defined below, if either party elects Arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this binding Arbitration clause. You further acknowledge that you have read this Arbitration provision carefully, agree to its terms, and are providing your Confidential Business Information to RLM voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Privacy Policy and this binding Arbitration clause.

d. Arbitration of Claims. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims, arising from or relating to (i) your use of a Website for any purpose, (ii) any Confidential Business Information provided by you to RLM or anyone acting on RLM’s behalf, (iii) this Privacy Policy, including the validity, enforceability, interpretation, scope, or application of this Privacy Policy and this binding Arbitration provision, (iv) any use or disclosure of Confidential Business Information by RLM or anyone acting on RLM’s behalf, and (v) the unauthorized use or disclosure of your Confidential Business Information by anyone other than RLM (collectively, a “Claim”) shall be decided, upon the election of you or RLM (or RLM’s owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, insurers, successors, agents, assignees, or trustee in bankruptcy (collectively, “RLM”)), by binding Arbitration pursuant to this Arbitration clause and the applicable rules and procedures of the Arbitration administrator in effect at the time the Claim is filed.

The American Arbitration Association (“AAA”) shall serve as the Arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an Arbitration with the AAA by contacting the AAA as follows: on the web at www.adr.org or by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019.

e. Other Claims Subject to Arbitration. In addition to Claims brought by either you or RLM, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims made by or against (i) anyone acting on RLM’s behalf, including, but not limited to, RLM’s owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, insurers, successors, agents, assignees, or trustee in bankruptcy, or (ii) anyone acting on your behalf, shall be subject to Arbitration as described herein.

f. Exceptions. Claims that are excluded from this Arbitration provision are actions seeking injunctive relief and disputes related to RLM’s intellectual property. You and RLM further agree not to invoke the right to arbitrate any individual Claim that you bring in small claims court or an equivalent court so long as the Claim is pending only in that court and remains pending only in that court (the “Small Claims Court Exception”).

g. Individual Claims Only. It is the intent of the parties to require all Claims to be submitted to Arbitration on an individual basis only. Claims subject to this Arbitration provision may not be joined or consolidated in Arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by you and RLM in writing. RLM and RLM’s owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, insurers, successors, agents, assignees, or trustee in bankruptcy are considered as “one person.”

h. Arbitration Fees/Deposits. All Arbitration fees and deposits will be governed by AAA’s then applicable rules, including, but not limited to, who is responsible for payment of any fees and deposits.

i. Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years’ experience or who is a former or retired judge. The Arbitration shall follow the rules and procedures of the Arbitration administrator in effect on the date the Arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the Arbitration administrator and this Arbitration provision, in which case this Arbitration provision shall govern.

Any in-person Arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any Arbitration proceeding. The arbitrator shall only be empowered to grant relief that would be available in court under law or in equity. The arbitrator shall not be empowered to disregard the law to do equity.

At the request of any party, the arbitrator will provide a written explanation of the basis for the disposition of each claim, including written findings of fact and conclusions of law. This Arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA.

21. Assignment. You may not assign this Privacy Policy, by operation of law or otherwise, without RLM’s prior express written consent. RLM reserves the right to freely assign this Privacy Policy, and the rights and obligations hereunder, to any third party, including, but not limited to, a successor, without notice or consent. Subject to the foregoing, this Privacy Policy will be binding on, inure to the benefit of, and be enforceable against you and your respective heir(s) or successor(s).

22. Limitation of Time to File Claims. ANY CLAIM YOU MAY HAVE THAT IS NOT COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE LATER OF (I) THE ACCRUAL OF; OR (II) RLM’S OR YOUR KNOWLEDGE OF (OR WHEN SUCH PARTY SHOULD HAVE REASONABLY BECOME AWARE OF) THE CLAIM, SHALL BE DEEMED BARRED.

23. Governing Law. You agree that any dispute in connection with a Website or this Privacy Policy will be governed by the laws of the State of Ohio and the United States of America. You also consent to the adjudication of any disputes arising in connection with a Website in the courts located in Ohio.

24. Severability. If any provision of this Privacy Policy is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Privacy Policy will continue in full force and effect.

25. Visitors Residing Outside the United States. RLM’s Website and Services are hosted in the United States and will be subject exclusively to the laws of the State of Ohio within the United States, without regard to conflict of law. You are responsible for complying with local laws in connection with your use of the Services if you reside outside of the United States, and you consent to the collection, transfer, storage, and use of your information in the United States in accordance with this Privacy Policy.

26. Contact. If you have any questions or concerns about this Privacy Policy or its implementation, please contact us as follows:

Broadlume Lead Management
privacy@RetailLeadManagement.com
500 Mamaroneck Ave. Ste. 320
Harrison, NY 10528
914-848-1113

For customer service inquiries, including general questions about a Website or RLM, please contact us at info@RetailLeadManagement.com.

RLM does not guarantee that we will receive all such e-mail or other information timely and accurately and, except as otherwise required by these Privacy Policy, RLM shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

27. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement. If you believe that your copyrighted work or trademark has been uploaded, posted or copied to a Website is accessible on such Website in a way that constitutes copyright or trademark infringement, please contact RLM by email at DMCALegal@RetailLeadManagement.com or by regular mail at:

Broadlume Lead Management
500 Mamaroneck Ave. Ste. 320
Harrison, NY 10528

28. Difficulty Accessing Our Privacy Policy. Individuals with disabilities who are unable to usefully access this Privacy Policy on a Website may contact us at the above-listed contact information to inquire how they can obtain a copy of our Privacy Policy in another, more easily readable format.