Consumer Edge Holdings, LLC Terms of Use 

Last Updated: July 25, 2023

Consumer Edge Holdings, LLC, and its affiliates (collectively, “Consumer Edge,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our website located at https://www.ConsumerEdge.com (the “Site”), and any other website, online portal, or digital property authorized to link to our Privacy Policy (collectively, the “Digital Properties”), subject to the following terms and conditions (“Terms of Use”). 

BY BROWSING OR ACCESSING THE DIGITAL PROPERTIES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH is HEREBY INCORPORATED INTO THESE TERMS OF USE AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE DIGITAL PROPERTIES. 

If you accept or agree to the Agreement on behalf of your employer or other legal entity, you represent and warrant that you have the authority to bind your employer or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to such employer or other legal entity. 

We reserve the right, at our sole discretion, to modify, discontinue, or terminate any of the Digital Properties or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the update on the Site. By continuing to access or use any of the Digital Properties after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Digital Properties. 

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. ELIGIBILITY

The Digital Properties are available for individuals aged 18 years or older. If you are under 18 years of age, please do not use the Digital Properties. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. 

2. GUIDELINES

By accessing and/or using the Digital Properties, you hereby agree to comply with these guidelines: 

• You will not access or use the Digital Properties for any unlawful purpose, including any fraudulent activity, or to collect any market research for a competing businesses;

• You will not upload, post, e-mail, transmit, or otherwise make available any content that (i) infringes any copyright, trademark, or other proprietary rights of any person or entity; or (ii) is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or (iii) discloses any personal information about another person, including that person’s name, e-mail address, postal address, phone number, credit card information, or any similar information;

• You will not  (i) “stalk,” threaten, or otherwise harass another person; (ii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Digital Properties; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Digital Properties, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org); or (v) create multiple accounts for yourself for any reason. 

• You will not interfere with or attempt to interrupt the proper operation of Digital Properties through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to access, any data, files, or passwords related to the Digital Properties through hacking, password or data mining, or any other means; and/or

• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

We reserve the right, in our sole and absolute discretion, to deny you access to the Digital Properties, or any portion of the Digital Properties, without notice.

3. INTELLECTUAL PROPERTY

The Digital Properties contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Consumer Edge (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. 

If you violate any part of this Agreement, your permission to access and/or use the Content, the Digital Properties automatically terminates, and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Consumer Edge (“Consumer Edge Trademarks”) used and displayed on the Digital Properties are registered and unregistered trademarks or service marks of Consumer Edge. Other company, product, and service names located on the Digital Properties may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Consumer Edge Trademarks, the “Trademarks”). Nothing on the Digital Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Consumer Edge Trademarks inures to our benefit. 

Elements of the Digital Properties are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

4. FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Digital Properties (“Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you. 

5. NO WARRANTIES; LIMITATION OF LIABILITY

THE Digital Properties AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER Consumer Edge NOR ITS SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND Consumer Edge HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. 

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE DIGITAL PROPERTIES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE Digital Properties AND THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. 

THE DIGITAL PROPERTIES AND CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE DIGITAL PROPERTIES OR CONTENT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE DIGITAL PROPERTIES OR CONTENT, AND/OR ADD OR REMOVE CONTENT AT ANY TIME WITHOUT NOTICE. 

6. EXTERNAL WEBSITES

The Digital Properties may contain links to External Websites. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites, which is developed and provided by others. You should contact the website administrator or webmaster for those External Websites if you have any concerns regarding links or any content on External Websites. We are not responsible for the content of any External Websites, and make no warranties or representations regarding the accuracy of materials on External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.

7. INDEMNIFICATION

You will indemnify, defend, and hold Consumer Edge and its shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Consumer Edge Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Consumer Edge Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) your misuse of the Digital Properties or the Content; (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) your negligence, gross negligence, willful misconduct, fraud, misrepresentation or violation of law.

8. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the Digital Properties, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Digital Properties at any time without prior notice or liability. 

9. U.S. DIGITAL MILLENNIUM COPYRIGHT ACT

We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the U.S. Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Copyright Manager

If you believe that your work has been copied on any of the Digital Properties in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Digital Properties where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

10. REFERRAL PROGRAMS

From time to time, we may offer referral programs, which will be subject to the terms and conditions for the specific program.  For more information on specific programs, please visit [insert link].

11. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall notpreclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the State of New York, City of New York, Borough of Manhattan, USA. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 13 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. 

12. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and/or our confidential and proprietary information, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

14. CONTROLLING LAW; EXCLUSIVE FORUM

The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New York for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.

15. MISCELLANEOUS

If the Agreement is terminated, the following provisions shall remain in full force and effect: “Intellectual Property,” “Feedback,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.” 

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Consumer Edge Holdings, LLC PRIVACY POLICY

Last updated: July 24, 2023

Consumer Edge Holdings, LLC, and its affiliates (collectively, “Consumer Edge,” “we,” “us,” or “our”), know that data privacy is important to you. We have created this privacy policy (the “Privacy Policy”) to describe how we collect and process information from and about you through our website located at https://www.Consumer Edge.com (the “Site”). We have the utmost respect for your data privacy, so this Privacy Policy also explains steps you can take to manage your personal information on our Site.

By accessing or using the Site or otherwise manifesting your assent to this Privacy Policy, you agree to be bound by this Privacy Policy and the accompanying Terms of Use. If you are accepting this Privacy Policy on behalf of your employer or another organization, you hereby certify that you are authorized to bind such party to the terms of this Privacy Policy. If you do not agree to (or cannot comply with) all of the terms of this Privacy Policy or any other terms of the Terms of Use you may not access or use the Site. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.  If you are under the age of 18, you may not use our Site.

Client Portal: Consumer Edge allows its clients (“Clients”) and their authorized users (“Authorized Users”) to choose their own usernames, passwords, and other identification criteria (“Credentials”) to enter the client portal (“Client Portal”) available on the Site. Clients enter the Client Portal for the purpose of accessing and using Products purchased from Consumer Edge (“Products”) pursuant to separately executed agreements (the “Client Agreements”).  The Client Portal is separate and apart from the Site; and the Client Portal, the Products, and Clients’ access and use thereof, are governed exclusively by the Client Agreements, and not by these Terms of Use.

This Privacy Policy will help you understand the following:

ARTICLE I.       THE INFORMATION WE COLLECT, PROCESS AND SHARE

While providing the Site, we may collect or receive the following types of information about you, which may include personal information.

1. Contact Information

We collect contact information through our Site, such as your name, email address, phone number, business contact data (e.g., title, company name, office phone number and company email address), and any information you provide in messages to us, requests to contact you, and other interactions (collectively, “Contact Information”).  We use Contact Information for the purpose it was provided such as receiving our newsletter and/or marketing emails, responding to your questions such as inquiries about our products and services, conducting demonstrations, providing resources available on our Site such as white papers and related commentary, or providing the Site.

2. Client Portal Credentials

Consumer Edge retains the Credentials under this Privacy Policy for the sole purpose of allowing Clients to enter the Client Portal. Clients and their Authorized Users are solely responsible for the security, confidentiality, and use of their Credentials for any purpose. Client will notify Consumer Edge immediately if (i) any Credentials are lost, stolen, or missing, (ii) Client revokes the authority of an Authorized User to access the Client Portal, or (iii) an Authorized User ceases to be employed or engaged by Client for any reason. Consumer Edge reserves the right to block entry to the Client Portal by any Client, Authorized User, or anyone seeking to use their Credentials, at its sole discretion.

3. Information obtained automatically from your online activity

Except for Google Analytics (see below), when Clients or visitors access or use the Site we only use cookies that are necessary for our Site to operate properly. Cookies are small packets of data that a website places on your computer’s hard drive for such purpose, and necessary cookies may be placed without your consent.  If you do not want any cookies placed on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your internet browser’s documentation for information on how to do this. However, if you choose to do so, our website will not operate properly.

4. Information Obtained From Other Sources

Social Media: We maintain a presence on LinkedIn, and other social media and third-party sites, including our accounts, pages, and related activities. We may collect personal information when you visit or use social media, including when you access our Site from social media. We will do so in accordance with the terms of use and privacy policies of those sites, mobile apps and applicable law. For example, we may collect the information you shared on our social media pages through an application or form, which will have a link to this Privacy Policy. Personal information may also be collected by the third-party social media sites that host our social media pages. These sites may provide aggregate information and analysis to us about visitors’ use of our social media pages. This allows us to better understand and analyze our user growth, general demographic information about the users of these pages, and interaction with the content that we post. Overall, this information may be used to help us understand the types of visitors and users of our social media pages and use of the content. This Privacy Policy does not cover personal information collected by such third-party social media sites. For more information on their privacy and security practices please review the privacy policies and terms of use on their respective websites.

Acquired from Third Parties:  We may purchase or receive information from third parties including information related to you. We may combine your information with such acquired information and use it to improve your experience and/or personalize our Site and content.

5. Information Obtained From Third-Party Analytics Services

We may use third-party analytics services such as Google Analytics to evaluate your access and use of the Site, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to device and internet usage such as: the type of device, the advertising identifier, the operating system and version, carrier and network type; IP addresses (which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device); browser type and language; referring and exit pages and URLs; date and time of access; the content viewed; the amount of time spent on particular pages; what features of the Site are used or visited; details of any purchases; click stream information; and geolocation data. These third-party analytics Site use cookies and other technologies to collect, analyze and provide us with the data and related analytics. By accessing or using the Site, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. The information used by such analytics Site is generally at the aggregate level. Google may associate such data with visitation information collected from our Site.

We may add to or change these third-party analytics Site from time to time. For more information on our analytics services, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Site.

For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics

6. Information Use and Sharing

We may use and share your personal information as set forth below:

• To operate and administer our business including:
  • Conducting audits including audits regarding compliance with the CCPA and other applicable laws and standards;
  • Undertaking internal research for technological development and demonstrations;
  • Verifying, analyzing, and maintaining the quality of the Site and implementing improvements;
  • Providing customer support, troubleshooting problems, debugging the Site, and helping to ensure the security and integrity of the Site and the business;
  • Contacting you as per your request to respond to questions, deliver our newsletter, provide information regarding new or improved products and services, and/or otherwise communicate with you; and
  • Engaging in marketing and advertising, and evaluate our efforts, provided that, where required under applicable law, we will obtain your prior opt-in consent to send electronic marketing communications.
• To third-party contractors and service providers that provide services to us in the operation of our business, such as marketing and advertising companies, consulting service organizations, IT and cloud service providers;
• To process aggregated, anonymous, user statistics and other information and disclose such data and information to third parties for lawful purposes;
• To protect and secure our rights and the rights of our Clients;
• To share with our parent company, subsidiaries, affiliates and/or other companies under common control with us;  
• To fulfill our legal and regulatory obligations under applicable law, such as to comply with a subpoena, or similar legal process, protect or enforce our rights, investigate a security incident, or respond to a government, law enforcement, or judicial request;
• To assess or complete a corporate sale, merger, reorganization, sale of assets, dissolution, investment, or similar corporate event where we expect that your personal information will be part of the transferred assets; and
• Otherwise with your consent.

7. Modifying Information and Communications Preferences

You may correct or update the personal information that Consumer Edge has about you by contacting us as directed in ARTICLE VI of this Privacy Policy;

You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” hyperlink located on the bottom of any of our marketing emails or by contacting us as directed in ARTICLE VI of this Privacy Policy.

We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely modify information in our databases. We will retain and use your information as necessary to comply with our legal and/or regulatory obligations, resolve disputes, and enforce our agreements.

8. How We Protect Your Information

We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, emails sent to or from the Site may not be secure, and you should therefore take special care in deciding what information you send to us via email.

9. Children’s Privacy

We do not knowingly collect personal information from any person under the age of 13. If an individual under the age of 13 has provided us with personal information, a parent or guardian of that child may contact us and request that such information be deleted, and we will endeavor to delete that information from our databases.

10. External Websites and Third Parties

Unless explicitly stated otherwise, our Privacy Policy addresses only our use and disclosure of information we collect from and/or about you in your interactions with the Site. If you choose to disclose information to third parties, the use and disclosure restrictions contained in this Privacy Policy will not apply, as we do not control the privacy policies of such third parties, nor are we subject to them.

Consumer Edge may allow certain hyperlinks to third-party websites, mobile apps or other online resources to appear on the Site (“External Websites”). If you click on a link for any External Site, you will be redirected to a third-party site. The information collected by such third parties or that you choose to provide, is governed by the third-party site’s privacy policy and practices. We have no control over the privacy policies or practices, the content, or the products and services, of any External Websites we provide or allow hyperlinks on our Site. As such, we are not responsible for the content or the privacy policies of those External Websites. You should check the applicable third-party privacy policy and terms of use when visiting any External Websites.

11. Do Not Track

We do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

12. Notice to Nevada Residents

We do not sell your personal information as defined under Nevada law. Nonetheless, if you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties. You can exercise this right by contacting us under ARTICLE IV of this Privacy Policy. We may request additional information to assist with locating your personal information in our records. If we are unable to do so, we may decline your request.

ARTICLE II  CCPA NOTICE TO CALIFORNIA RESIDENTS

The California Privacy Protection Act, as amended by the California Privacy Rights Act (collectively, the “CCPA”) gives California residents (“consumers”) and households additional rights regarding their personal information. This notice (the “CCPA Notice”) supplements our Privacy Policy.

1.         The Information We Collect

We have collected the categories of personal information listed below for the stated business purposes during the last twelve (12) months. 

Retention Period: The retention period for the categories of personal information listed in the table above is determined by the following criteria:  (i) the purposes for which Consumer Edge processes the personal information (we need to retain the data as long as necessary for such purposes); and (ii) tax, legal and regulatory obligations (laws or regulations may establish or recommend retention periods)

Sale or Sharing of Personal Information: Consumer Edge has not sold or shared the personal information listed in the table above during the last twelve (12) months.

Sensitive Personal Information: Consumer Edge has not collected any sensitive personal information during the last twelve (12) months.

2.         How We Obtain Your Personal Information

We collect or receive your personal information as set forth in our Privacy Policy including from the following sources:

3.         What Kind of Personal Information We Disclose to Others

We have disclosed the following categories of personal information to the following categories of service providers and/or contractors for a business purpose during the last twelve (12) months.

4.         Your Rights and Choices

Right to Know About Your Personal Information

In addition to the information provided above, you have the right to know and access the specific pieces of personal information that we have collected about you. You may exercise this right up to two times in any 12-month period.

Right to Request Deletion

You have the right to request deletion of your personal information. We will honor such request unless we are required to retain your personal information under an exemption. Examples of such exceptions are:

• Completing a transaction or performing a contract we have with you;
• Detecting and addressing data security incidents, and repairing or upkeep of our IT systems;
• Protecting against fraud or other illegal activity;
• Complying with applicable law or a legal obligation, or to exercise rights under the law (e.g., the right to free speech); or
• Using your personal information internally to improve our Site.

Right to Request Correction

You have the right to request that we correct inaccurate personal information that we maintain about you. We will honor such request unless it is impossible to do so or would involve disproportionate effort, or if we have a good-faith, reasonable, and documented belief that a request to correct is fraudulent or abusive.

Right to Opt-Out of the Sale or Sharing of Personal Information

You have the right to opt-out of the sale or sharing of personal information. Please note, however, that we do not sell or share for the purpose of cross-context behavioral advertising any personal information obtained about you on the Site, nor have we done so in the past twelve (12) months.

Right to Limit the Use and Disclosure of Sensitive Personal Information

You have the right to limit the use and disclosure of sensitive personal information. Please note, however, that our data collection on the Site is limited to the information referenced in this Privacy Policy which does not include sensitive personal information.

Right to Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. We will not (i) deny you products or services, (ii) charge you different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties, (iii) provide you a different level or quality of products or services, and/or (iv) suggest that you may receive a different price or rate for products or services or a different level or quality of products or services.

Right to Designate an Authorized Agent

If you submit a request to know or delete your personal information through the use of an authorized agent, we may require that you (i) provide the authorized agent written permission to act on your behalf, and (ii) verify their identity directly with us.

5.         Exercising Your Privacy Rights

Rights to Know, to Request Deletion, and to Request Correction of Personal Information

To exercise these rights, please submit a verifiable consumer request to us entitled “California Privacy Request,” or similar as described in ARTICLE IV of this Privacy Policy.

What we need to know to fulfill your request

The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information related to you. Making a verifiable consumer request does not require you to create an account with us.

How you will hear back from us

We will confirm receipt of a verifiable consumer request within then (10) business days of its receipt. We will endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of its receipt. If we require more time, we will notify you of the extension and provide an explanation of the reason for the extension in writing, and we will provide you with a response no later than ninety (90) calendar days of receipt of the request. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We may charge a reasonable fee to process or respond to your verifiable consumer requests if they are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for this decision and provide you with a cost estimate before completing your request.

Right to Opt-Out of the Sale and/or Sharing of Personal Information

As mentioned above, we do not sell or share your personal information for the purpose of cross-context behavioral advertising.

6.         Other California Privacy Rights.

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To submit such a request, please contact us pursuant to ARTICLE VI of this Privacy Policy.

ARTICLE III  GDPR NOTICE

The General Data Protection Regulation (“GDPR”) may give natural persons located in the European Union, Lichtenstein, Norway, or Iceland, or in the United Kingdom (collectively, “Data Subjects”) additional rights regarding their personal data. This GDPR Notice supplements our Privacy Policy. Under the GDPR, “Personal Data” generally means information that can be used to identify a natural person, and “processing” generally refers to actions that can be performed on data such as its collection, use, storage, transfer, or disclosure.

Consumer Edge will usually be the controller of your Personal Data processed in connection with the Site.

1.         Types of Personal Data we Collect.

We currently collect, receive, and otherwise process the types of Personal Data described in ARTICLE I  of this Privacy Policy.

2.         How we Receive Personal Data and the Purpose(s) of Processing. 

We collect, receive, and otherwise process Personal Data in the ways and for the purposes listed in ARTICLE I of this Privacy Policy. We will only process your Personal Data if we have a lawful basis for doing so. Under the GDPR, the lawful bases we rely on for processing this information are:

• Your Consent.  In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. You can remove your consent at any time. You can do this by contacting us as set forth in ARTICLE IV of this Privacy Policy with the subject line “GDPR Request,” or similar.

• We Have a Contractual Obligation. We process certain categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform our contractual obligations to you, which enables us to provide you with access to the Client Portal. When we process data due to contractual necessity, failure to provide such Personal Data may result in your inability to use some or all portions of the Site that require such data. These categories of Personal Data are set forth in ARTICLE I  of this Privacy Policy.

• We Have a Legitimate Interest. We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:

• Contact information and other Identifiers
• Usage Data
• Information about your Internet or network activity such as your interactions with the Site

Our legitimate interests are:

• Information Security: We process contact information, the information collected through Tracking Technologies, and when you use the Site in order to maintain an audit log of activities performed. We use this information pursuant to our legitimate interests in tracking usage, combating DDOS or other cyberattacks, and removing or defending against malicious individuals or programs.
• Operation and Improvement of our Site: We process server log information and information collected analytics services pursuant to our legitimate interest in operating and improving our Site.
• Audience Measurement :Pursuant to your consent, we use analytics cookies and collect identifiers for purposes of audience measurement, analytics, audience reaction to the Site, and creating relevant user experiences.
• General Business Development and Management: We process Personal Data pursuant to our legitimate interest in creating and managing our business relationships with Data Subjects, including without limitation:
  • To respond to inquiries from Data Subjects and provide requested materials such as our newsletter
  • To assist Data Subjects with any issues encountered while using the Site;
• Protection of Rights: We may also Process Personal Data to respond to claims of violation of third- party rights or to enforce and protect our rights.

We Have a Legal Obligation.  We may be required to disclose Personal Data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose Personal Data to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

3.         How we Share Your Personal Data.

ARTICLE I of this Privacy Policy explains how and why we share your Personal Data with third parties.

4.         How we Store and Protect Your Personal Data. 

We use commercially reasonable administrative, technical, and physical safeguards to protect your Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, for which we take into account the nature of the Personal Data, its processing, and the threats posed to it. Unfortunately, no data transmission or storage system can be guaranteed to be secure at all times.  We retain your Personal Data for as long as needed to fulfill the purposes for which we obtained it, as further described in this Privacy Policy. We will only keep your Personal Data for as long as allowed or required by law.

5.         Your Data Protection Rights.

You have certain rights with respect to your Personal Data, including those set forth below. You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may need additional time to comply, or ask you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

• Right of access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
• Right to rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
• Right to erasure: You can request that we erase some or all of your Personal Data from our systems.
• Right to restriction of processing: You have the right to ask us to restrict the processing of your Personal Data.
• Right to object to processing: You have the the right to object to the processing of your Personal Data in certain circumstances.
• Right to data portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Right to withdraw consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of the Site.
• Objecting to Legitimate Interest/Direct Marketing: You may object to Personal Data processed pursuant to our legitimate interest. In such case, we will no longer process your Personal Data unless we can demonstrate appropriate, overriding legitimate grounds for the processing or if needed for the establishment, exercise, or defense of legal claims. You may also object at any time to processing of your Personal Data for direct marketing purposes by clicking “Unsubscribe” within an automated marketing email. In such case, your Personal Data will no longer be used for that purpose.

To exercise your rights under the GDPR, please submit a request as described in ARTICLE IV herein, or contact our EU or UK Representative, as applicable, as set forth in ARTICLE III, Section 7 of this Privacy Policy.

6.         How to Complain

If you have any concerns about our use of your Personal Data, you may submit a complaint to us under ARTICLE IV herein, or by contacting our EU or UK Representative, as applicable, as set forth in ARTICLE III, Section 7 of this Privacy Policy.

You also have the right to lodge a complaint about the processing of your Personal Data with a supervisory authority where you work or live or where any alleged infringement of data protection laws occurred. A list of most of the supervisory authorities can be found here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

7.         Our Representatives

UK Representative.  Our representative in the UK (identified below) is available to answer any questions and assist in exercising your privacy rights under ARTICLE III of this Privacy Policy.

UK Representative

Attn:  Data Privacy Officer

Email: legal@staging.consumer-edge.com

EU Representative. Our representative in the EU (identified below) is available to answer any questions and assist in exercising your privacy rights under ARTICLE III of this Privacy Policy.

EU Representative

Attn: Data Privacy Officer

Email: legal@staging.consumer-edge.com

8.         Corporate Restructuring.

In the event of a merger, reorganization, dissolution, or similar corporate event, or the sale of all or substantially all of our assets, the information that we have collected, including Personal Data, may be transferred to the surviving or acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such Personal Data as set forth in this GDPR Notice.

9.         Transfers of Personal Data.

The Site is hosted and operated in the United States, Germany and the United Kingdom through Consumer Edge and its service providers (the “Consumer Edge Locations”). The laws in Consumer Edge Locations may differ from the laws governing data privacy and security in your country of residence.  By accessing or using the Site, you acknowledge and agree that Consumer Edge will transfer Personal Data about you, regardless of whether provided by you or obtained from a third party, or to one or more Consumer Edge Locations, and thereafter may transfer your Personal Data between Consumer Edge Locations, for purposes of processing in accordance with this Privacy Policy. You hereby consent to the transfer of your Personal Data to the U.S. pursuant to an appropriate data processing agreement incorporating the modernized standard contractual clauses for the transfer of Personal Data to third countries promulgated by the European Commission on 4 June 2021, a copy of which can be obtained at https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en, and/or, as applicable, the UK International Data Transfer Addendum, the UK International Data Transfer Agreement, or another data transfer mechanism approved pursuant to the GDPR.

ARTICLE IV     EXERCISING YOUR PRIVACY RIGHTS

To exercise your privacy rights described in ARTICLE I (Nevada Residents), ARTICLE II (California Residents), or ARTICLE III (EEA/UK Data Subjects), please submit a request by:

Email to: legal@staging.consumer-edge.com with a subject line indicating, as applicable, Nevada Privacy Rights, CCPA Rights Request, or GDPR Rights Request, or similar.

• Writing to us at: Consumer Edge, 140 East 45^th Street, New York, NY, 10017.
• GDPR Rights Requests may also be submitted to our EU Representative or UK Representative as described in ARTICLE III, Section 7 of this Privacy Policy.

ARTICLE V      CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may update this Privacy Policy from time to time without notice to you. We will indicate at the top of this Privacy Policy when it was most recently updated, and we encourage you to revisit this page periodically to stay aware of any changes. By accessing the Site after we change this Privacy Policy, you are deemed to have accepted such changes.

ARTICLE VI     CONTACTING US

If you have any questions or comments regarding our Site or the Privacy Policy, or want to exercise your rights and choices, please contact us as set forth below:

Email: legal@staging.consumer-edge.com

Postal address:  Consumer Edge, 140 East 45^th Street, New York, NY, 10017

Attn: Legal

Email: legal@staging.consumer-edge.com