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.
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.
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.
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 a 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,
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.
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.
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:
|Type of cookie [Purpose]||What these cookies do||How to exercise your cookie choices|
|Essential Website Cookies||These cookies are necessary to provide you some of a Website’s features, such as remembering your activities on the Website.||You can control and delete these cookies through your web browser settings. However, if you choose to do so, then you will not be able to use the full functionality of the Website.|
|Preference Cookies||We use preference cookies to remember your preferences and various settings.||Preference cookies are first party cookies that remain on your computer or device until you delete them or they are otherwise removed upon expiration.|
|Analytics Cookies||We use may use a third party to collect information on how the Website is used and to report on the Website usage statistics.||If you do not wish for RLM to use analytics cookies, please contact RLM at privacy@RetailLeadManagement.com.|
|Session Cookies||RLM may use session cookies to grant our users access to content and to enable actions such as remembering information as you are entering it.||These temporary cookies expire and are automatically erased whenever you close your browser window.|
|Third-party Cookies||RLM permits third-party service providers to place cookies through our Websites to provide us with better insights into the use of our Websites or user demographics or to provide relevant services to you. These third parties may collect information about a user’s online activities over time and across different websites when she/he uses a Website. Such a tool may generate a cookie to capture information about your use of a Website which the third-party provider uses to compile reports on website activity for us and to provide other related services. The third-party provider may use a portion of your IP address to identify its cookie. Additionally, some companies may use information collected to deliver targeted ads on behalf of us or other companies, including on other websites or online services.||We do not control the use of third-party cookies or the resulting information, and we are not responsible for any actions or policies of such third parties.|
|Pixel Tags, Web Beacons, and Transparent GIFs||Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow us to measure response to our communications and improve our web pages.||You can control and delete these cookies through your web browser or mobile device settings. However, if you choose to do so, then you will not be able to use the full functionality of the Website.|
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.
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.
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.
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. 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 2360 Citygate Drive, Columbus, OH 43219, or calling 877-811-6511. 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.
15. 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. 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.
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.
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.
20. 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.
Retail Lead Management
2360 Citygate Drive
Columbus, OH 43219
For customer service inquiries, including general questions about a Website or RLM, please contact us at info@RetailLeadManagement.com.
25. 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:
Retail Lead Management
2360 Citygate Drive
Columbus, OH 43219