File: //home/arjun/projects/buyercall_forms/buyercall/buyercall/blueprints/user/templates/user/tos.jinja2
{% extends 'layouts/verification.jinja2' %}
{% import 'macros/form.jinja2' as f with context %}
{% import 'macros/layout/flash.jinja2' as flash with context %}
{% set agreed_endpoint = 'user.tos_agree_post' %}
{% set disagreed_endpoint = 'user.tos_disagree_post' %}
{% block title %}{{ partner_name }} - Terms and Conditions{% endblock %}
{% block body %}
<div class="col-md-8 col-md-offset-2">
{{ flash.render() }}
<div class="card card-raised onboarding-card tos-section">
<div class="content text-center">
<div class="col-xs-12 tos-card-title">
<h3>{{ partner_name }}'s Terms of Service and Privacy Policy</h3>
<p> To continue using {{ partner_name }} please read and accept the terms of service and privacy policy below.</p>
</div>
</div>
<div id="tos-modal" class="content">
<div class="col-md-12 tos-modal-look">
<div class="tos-modal-body">
<br>
<h3>Terms of Service</h3>
<p>
We are happy to welcome you to {{ partner_name }} ("service"). By using the
service you are agreeing to be bound by the following terms and
conditions ("terms of service"). {{ partner_name }}{% if partner_id == 1 %}, LLC {% endif %}
reserves the right to update and change these terms of service without notice.
</p>
<p>Violation of any of the terms below may result in the termination of
your account.</p>
<hr/>
<h3>1. Overview</h3>
<p>In order to make use of the services provided by {{ partner_name }}, you (hereinafter referred to as "You")
must first read this agreement (the "Agreement") and accept it. You may not avail Yourself of the Services
if You do not accept this Agreement and the terms therein. You accept the terms of this Agreement through
signature, by agreeing to the License Agreement and/or Order Agreement pertaining to your service order.
You can also accept the terms of the Agreement by clicking to accept, by agreeing to the terms of the Agreement
in the user interface for any {{ partner_name }} Service, or by using the {{ partner_name }} API or Services. In the latter case,
You understand and agree that we will treat Your use of the Services as acceptance of the terms from that point
onwards. BY USING {{ partner_name }}, YOU CONSENT TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. IF YOU DO NOT
AGREE TO THESE TERMS OF SERVICE PLEASE DO NOT USE THE SERVICES, WEBSITE, USER INTERFACE OR/AND API.
</p>
<p>
By providing a signature on the License Agreement, Order Agreement and/or putting a check mark next to I
AGREE and clicking on SUBMIT or using the API or Services, You represent that You have read and agree
to the terms and conditions of this Agreement. These terms and conditions will remain in effect throughout
Your use of the Services and continue after this Agreement expires, cancels or is terminated. These terms
and conditions are legally binding should You choose to sign up/register for the Service.
</p>
<p>
If You are accepting on behalf of Your employer or another entity, You represent and warrant that:
(i) You have full legal authority to bind your employer, or the applicable entity, to these terms of service;
(ii) You have read and understand this Agreement; and (iii) You agree, on behalf of the party that You represent,
to this Agreement. If You don’t have the legal authority to bind Your employer or the applicable entity,
please do not sign the License Agreement, Order Agreement or put a check mark next to I AGREE and click
on SUBMIT or use {{ partner_name }}’s Services.
</p>
<p>
We reserve the right to change these Terms from time to time. Any updates to these Terms shall be posted
on this website. You acknowledge your responsibility to review these Terms from time to time and to be
aware of any such changes. By continuing to use any of the {{ partner_name }} Services after we post any such
changes, you accept these Terms, as modified.
</p>
<hr/>
<h3>2. Usage Policy</h3>
<p>
2.1 Subject to Your acceptance of and compliance with this Agreement and with the payment requirements
for the Services, {{ partner_name }} hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable,
revocable right and license during the Term of this Agreement in and under our intellectual property rights,
to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless
explicitly stated otherwise, any new features provided by {{ partner_name }} that augment or enhance the current
Services shall also constitute “Services” and shall be subject to these terms and conditions. You may not,
nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile,
disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any unauthorized
third party to access the Services for any purpose whatsoever. All rights not expressly granted under this
Agreement are retained by the company.
</p>
<p>
2.2 For purposes of this Agreement, {{ partner_name }} hereby grants to You a limited, non-exclusive, non-transferable,
non-sub-licenseable, revocable license during the Term of this Agreement to display the trade names, trademarks,
service marks, logos, domain names of {{ partner_name }} (each, a “{{ partner_name }} Mark”) for the purpose of promoting or
advertising that You use the Services, solely in accordance with the terms and conditions of this Agreement.
In return You hereby grant {{ partner_name }} a limited, non-exclusive, non-transferable, non-sublicenseable license
during the Term of this Agreement to display Your trade names, trademarks, service marks, logos, domain names
and the like for the purpose of promoting or advertising that You use the Services. In using {{ partner_name }} Marks,
You may not: (i) display a {{ partner_name }} Mark in any manner that implies a relationship or affiliation with,
sponsorship, or endorsement by {{ partner_name }}; (ii) use {{ partner_name }}’s Marks to disparage {{ partner_name }} or its products
or services; or (iii) display a {{ partner_name }} Mark on a site that violates any law or regulation. Notwithstanding
the above, {{ partner_name }} may determine in its sole discretion whether its marks may be used in connection with Your
Application. Furthermore, we may modify any {{ partner_name }} Marks provided to You at any time, and upon notice,
You will use only the modified {{ partner_name }} Marks and not the old {{ partner_name }} Marks. Other than as specified in
this Agreement, You may not use any {{ partner_name }} Mark unless You obtain our prior written consent. All uses of
{{ partner_name }} Trademarks and goodwill associated therewith shall inure to the benefit of the company.
</p>
<p>
2.3 You shall not to use the {{ partner_name }} Services to: a) circumvent or disable any technological
features or security measures implemented in the Services; b) violate any Law, published policy,
or any applicable third-party policy or requirement communicated or otherwise made available by
{{ partner_name }}; c) violate or infringe upon {{ partner_name }}’s or a third party’s Intellectual Property,
publicity privacy, or other tangible or intangible rights and/or use, without a valid license,
any material or content that is subject to third-party proprietary rights; d) transmit any
illegal content; e) use the Services for benchmarking or for any other purpose other than
as necessary to use the Services You are authorized to use; f) stalk, harass, harm another
individual, engage in spamming, phishing, pharming or other unsolicited advertising,
marketing or other activities in connection with any unsolicited communications (commercial
or otherwise) including unsolicited or unwanted phone calls, voicemails or text messages;
g) engage in a fraudulent activity to the prejudice of third-parties or otherwise use the
Services to bypass phone identification systems; h) perform “robocalls” or abusive
practices, including enabling bulk call-in lines, auto-dialing, “predictive” dialing or
sending of bulk “spam” text messages; i) use any type of spider, virus, worm, trojan-horse,
time bomb or any other codes or instructions that are designed to distort, delete, damage,
emulate or disassemble the Services; j) expose any third party to material that is offensive,
harmful to minors, indecent or otherwise objectionable in any way, regardless of whether
such activity is lawfully permitted; k) send any communications, including email messages
on behalf of, or purporting to originate on behalf of {{ partner_name }}; and l) trunk or forward
Your {{ partner_name }} number to another phone number(s) capable of handling multiple simultaneous
calls and/or text messaging sending, or to a private branch exchange (“PBX”) or a key
system. In addition to the above restrictions and in order to provide the best pricing,
support and Services, {{ partner_name }} reserves the right to: (i) impose limits on Your usage of
the Services; (ii) charge You the applicable per minute or text message rate; (iii) or to
terminate the Services, in each case (i) through (iii) notwithstanding Your purchase of an
unlimited minute and/or text message plan, if {{ partner_name }} believes, in its sole reasonable
discretion, that Your usage, including the total number of calls made, text messages sent
and/or minutes used by You, is not consistent with normal, fair, and reasonable use of such
Services. Wherever reasonably possible, {{ partner_name }} will provide You with a written notice
before taking any such action, and may allow a reasonable period to allow You to modify
such use. The restrictions contained in this Section 2 are not exhaustive or exclusive.
{{ partner_name }} may impose additional restrictions upon notice or posting to the Site from time
to time. {{ partner_name }} may suspend or terminate the Services and/or this Agreement in
accordance with Section 3 if, in {{ partner_name }}’s sole discretion, Your use of the Services
violates the terms of this Section 2. Notwithstanding anything set forth in this Agreement
and in addition thereto, Your use of the call recording functionality must comply with any
and all local laws and regulations including local notice requirements thereof.
</p>
<p>
2.4 Subject to our commercially reasonable efforts and so long as Your account remains in good standing,
data generated by Your use of the Service such as audio recordings and call log entries will remain available
via email or telephone requests for at least 35 days from the date such data was generated. We shall have no
liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other
consequences that You may incur with respect to loss of data associated with Your account and data therein.
</p>
<hr/>
<h3>3. Term</h3>
<p>
3.1 The term (“Term”) of this Agreement will commence once You accept this Agreement as provided above.
The Agreement will remain in effect until terminated by You or {{ partner_name }} in accordance with this Section 3.
</p>
<p>
3.2 You may terminate this Agreement for any reason or no reason at all, at Your convenience, by closing Your
account for any Service for which we provide an account closing mechanism. A 30-day written notice, sent to
{% if partner_id == 1 %}
<a href="mailto:support@buyercall.com">support@buyercall.com</a>, is required.
{% else %}
{{ partner_name }}, is required.
{% endif %}
</p>
<p>
3.3 We may suspend Your right and license to use any or all Services or terminate this Agreement in its entirety
(and, accordingly, cease providing all Services to You), for any reason or for no reason, at our discretion at
any time. If {{ partner_name }} determines that providing advance notice would negatively impact {{ partner_name }}’s ability to
provide Services, {{ partner_name }} may suspend Your right and license to use any or all Services or terminate this
Agreement in its entirety (and, accordingly, cease providing all Services to You), with no notice. Upon
termination of this Agreement for any reason: (i) You remain liable for all fees, charges and any other
obligations You have incurred through the date of termination with respect to the Services; and (ii) all
of Your rights under this Agreement shall immediately terminate.
</p>
<hr/>
<h3>4. Intellectual Property</h3>
<p>
4.1 Other than the limited use and access rights and licenses expressly set forth in this Agreement, we reserve all
right, title and interest (including all intellectual property and proprietary rights) in and to (i) the Services;
(ii) the {{ partner_name }} Marks; and (iv) any other technology and software that we provide or use to provide the Services.
You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, the
{{ partner_name }} Marks, or such other technology and software, except for the limited use and access rights described
in this Agreement.
</p>
<p>
4.2 During and after the Term of the Agreement, with respect to any of the Services that You elect to use,
You will not assert, nor will You authorize, assist, or encourage any third party to assert, against us or
any of our customers, end users, vendors, business partners (including third party sellers on websites operated
by or on behalf of us), sub-licensees or transferees, any patent infringement or other intellectual property
infringement claim with respect to such Services.
</p>
<hr/>
<h3>5. No Warranty; Limitation of Liability</h3>
<p>
5.1 {{ partner_name }} reserves the right to modify, suspend, or discontinue the offering of any of the Services
at any time for any reason without prior notice. Further, while {{ partner_name }} utilizes electronic and physical
security to reduce the risk of improper access to or manipulation of data during transmission and storage,
it cannot guarantee the security or integrity of the data and shall have no liability for breaches of
security or integrity or third-party interception in transit, nor for any damage which may result to your
computer or other property by your use of the Services.
</p>
<p>
5.2 {{ partner_name }} shall use commercially reasonable efforts to make access to the Services available through
the required access protocols, but makes no warranty or guarantee that (i) the Services will be available
at any particular time; or (ii) you will be able to access the Services at any particular time or from any
particular location. The {{ partner_name }} will not be liable for any act or omission of any other company or
companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs),
or from any act or omission of a third party, including those vendors participating in {{ partner_name }} offerings made
to you, or for equipment that it does not furnish, or for damages that result from the operation of
customer-provided systems, equipment, facilities or services that are interconnected with the Service.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,”
WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY
STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, {{ partner_name }} DOES NOT WARRANT THAT THE USE OF THE SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED
BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL {{ partner_name }} BE RESPONSIBLE
FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, {{ partner_name }}
MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT
THE SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS.
{{ partner_name }} MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES
OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING
WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL
WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. {{ partner_name }} SHALL NOT BE
LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE,
LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY
COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN
CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR
DATA, {{ partner_name }} IS NOT RESPONSIBLE FOR THOSE COSTS. {{ partner_name }}’s TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE
SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE
PAID BY YOU TO {{ partner_name }} HEREUNDER.
</p>
<hr/>
<h3>6. User Warranties; Indemnification</h3>
<p>
6.1 You agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business
partners (including third party sellers on websites operated by or on behalf of us) and each of our and their
respective employees, officers, directors and representatives, harmless from and against any and all claims,
losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys
fees), arising out of or in connection with any claim arising out of Your use of the Services and/or {{ partner_name }}
Marks in a manner not authorized by this Agreement, and/or in violation of the applicable restrictions, the
Acceptable Use Policy, and/or applicable law.
</p>
<hr/>
<h3>7. Force Majeure</h3>
<p>
7.1 {{ partner_name }} shall not be liable for any failure or delay in performing its obligations hereunder,
which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God,
acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or
unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions,
any court order, compliance with any law, regulation, or order of any governmental authority, or any other
cause beyond the reasonable control of {{ partner_name }}. In addition, {{ partner_name }} shall be so excused in the event
it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary
for the performance of the Services.
</p>
<hr/>
<h3>8. Disputes</h3>
<p>
8.1 Notwithstanding anything to the contrary, we may seek injunctive or other relief in any state, federal,
or national court of competent jurisdiction for any actual or alleged infringement of {{ partner_name }}’s or any third
party's intellectual property rights and/or proprietary rights. You further acknowledge that our rights in
the Services and the {{ partner_name }} Marks are of a special, unique, extraordinary character, giving them peculiar
value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
</p>
<p>
8.2 By using the Services, You agree that the laws of the state of South Carolina, without regard to principles
of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between You and us.
</p>
<hr/>
<h3>9. Fees and Payment Terms</h3>
<p>
9.1 The monthly services fee will be due by the 15th day of each month beginning the month following
activation date during the Term of this Agreement and any Renewal Terms hereof.
</p>
<p>
9.2 {{ partner_name }} shall submit to You monthly invoices for any Services billable hereunder. The invoice shall include
any unpaid fees for Services. All invoices must be paid in full within fifteen (15) days of the invoice date.
</p>
<p>
9.3 In the event You claim any discrepancy or inaccuracy in any invoice, such claim must be asserted by You
within thirty (30) days from invoice date or such invoice shall be deemed final and conclusive.
All such claims shall be in writing and {{ partner_name }} shall respond thereto in thirty (30) days. However,
this dispute resolution provision shall not relieve You of paying the ongoing fee for Services as governed
by this Agreement.
</p>
<p>
9.4 Fees or invoices that become thirty (30) days past due will incur an additional charge of one and one-half
percent (1+1/2%) per month from the date the fee is due or the invoice is issued.
</p>
<p>
9.5 It shall be a breach of this Agreement if the fee is not paid when due or any invoice becomes sixty (60)
days past due.
</p>
<p>
9.6 {{ partner_name }}, at its sole discretion, may require prepayment and/or alternative payment methods
(i.e. credit card) should an invoice be paid after the invoice due date.
</p>
<hr/>
<h3>10. Miscellaneous Provisions</h3>
<p>
10.1 Responsibility. If You authorize, assist, encourage or facilitate another person or entity to take any
action related to the subject matter of this Agreement, You shall be deemed to have taken the action Yourself.
</p>
<p>
10.2 Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid
or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid
or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the
original language. If such construction is not possible, the provision will be severed from this Agreement, and
the rest of the Agreement shall remain in full force and effect.
</p>
<p>
10.3 Waivers. The failure by us to enforce any provision of this Agreement shall in no way be construed to be
a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter.
All waivers by us must be in writing to be effective.
</p>
<p>
10.4 Successors and Assigns. This Agreement will be binding upon, and inure to the benefit of the parties and
their respective successors and assigns.
</p>
<p>
10.5 Entire Agreement. This Agreement incorporates by reference all policies and guidelines posted on the
{{ partner_name }} Website and as may be modified thereafter and constitutes the entire agreement between You and us
regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation,
understanding, agreement, or communication between You and us, whether written or oral, regarding such
subject matter.
</p>
<p>
10.6 No Agency. Nothing in this Agreement shall be construed as creating a partnership, contract of employment,
agency, joint venture or franchise relationship between {{ partner_name }} and You.
</p>
<p>
10.7 No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in
the Terms, there shall be no third party beneficiary to this agreement.
</P>
<p>
Questions about the terms of service should be sent to
{% if partner_id == 1 %}
<a href="mailto:support@buyercall.com">support@buyercall.com</a>.
{% else %}
{{ partner_name }}
{% endif %}
</p>
<p>
Last Updated: October 5, 2021
</p>
<br>
<h3>Privacy Policy</h3>
<p>
{{ partner_name }} LLC (“{{ partner_name }}” or “Company” or “We”) respects your privacy and is committed to
protecting it through our compliance with this privacy policy. This policy discloses the privacy
practices of {{ partner_name }} and governs the websites associated with and operated by us (collectively, our
“Website(s)”) our promotional materials, products and services (collectively, our “Services”).
</p>
<p>
It will notify you of the following:
</p>
<ol>
<li>What information does {{ partner_name }} collect?
</li>
<li>How does {{ partner_name }} collect your information?
</li>
<li>How does {{ partner_name }} use your information?
</li>
<li>How does {{ partner_name }} disclose and share your information?</li>
<li>How does {{ partner_name }} secure your information?</li>
<li>How does {{ partner_name }} handle changes, notifications and history?</li>
<li>What are your rights concerning the access, correction or deletion of your information?</li>
<li>How can you contact us?</li>
</ol>
<p>
Please read this policy carefully to understand our policies and practices regarding your information
and how we will treat it. If you do not agree with our policies and practices, your choice is not to use
our Website or Services. By accessing or using our Website or Services, you agree to this privacy
policy. This policy may change from time to time. Your continued use of our Website or Services
after we make changes is deemed to be an acceptance of those changes, so please check the policy
periodically for updates.
</p>
<p>
Please note that this policy applies only to the {{ partner_name }} Website and Services and does not apply to
any third-party websites linked to our Website or Services. Please check the privacy policies of those
websites for more information.
</p>
<hr/>
<h3>1. What information does {{ partner_name }} collect?</h3>
<p>
We recognize the need for consumers to control the use and management of their personal
information (“Personal Information”). If you are visiting our Website to browse or find information
about {{ partner_name }}’s products or services, you do not need to provide any personal information about
yourself or about any other person. If, however, you decide to contact us, register or make use of
our Services, we will collect information so that we can provide you with the product or service you
requested.
</p>
<p>By Personal Information we mean information that can be used to identify or contact an individual.
{{ partner_name }}’s Website or Services may collect information that identifies, relates to, describes,
references, is capable of being associated with, or could reasonably be linked, directly or indirectly,
with a consumer or device.</p>
<p>The types of Personal Information we collect through our Website or Services (which may overlap
between categories) includes, but is not limited to:</p>
<table border="1" style="padding: 15px 15px 15px 15px;" width="100%">
<tr>
<td style="padding: 10px 10px 10px 10px;" width="25%">Identifiers</td>
<td style="padding: 10px 10px 10px 10px;">
A real name, alias, postal address, unique
personal identifier, online identifier, Internet
Protocol address, email address, account name,
Social Security number, driver’s license
number or other similar
identifiers.
</td>
</tr>
<tr>
<td style="padding: 10px 10px 10px 10px;" width="25%">Additional Personal Information</td>
<td style="padding: 10px 10px 10px 10px;">
A name, signature, Social Security number,
physical characteristics or description, address,
telephone number, driver’s
license or state identification card number,
insurance policy number, education,
employment, employment history, bank
account number, credit card number, debit
card number, or any other financial
information, medical information, or health
insurance information.
</td>
</tr>
<tr>
<td style="padding: 10px 10px 10px 10px;" width="25%">Personal Characteristics</td>
<td style="padding: 10px 10px 10px 10px;">
Age, race, color, ancestry, national origin,
citizenship, religion or creed, marital status,
medical condition, physical or mental disability,
sex (including gender, gender identity, gender
expression, pregnancy or childbirth and related
medical conditions), sexual orientation, veteran
or military status, genetic information
(including familial genetic information).
</td>
</tr>
<tr>
<td style="padding: 10px 10px 10px 10px;" width="25%">Commercial Information</td>
<td style="padding: 10px 10px 10px 10px;">
Records of personal property, products or
services purchased, obtained, or considered, or
other purchasing or consuming histories or
tendencies.
</td>
</tr>
<tr>
<td style="padding: 10px 10px 10px 10px;" width="25%">Internet or Similar Network Activity</td>
<td style="padding: 10px 10px 10px 10px;">
Browsing history, search history, information
on a consumer’s interaction with a website,
application, or advertisement.
</td>
</tr>
<tr>
<td style="padding: 10px 10px 10px 10px;" width="25%">Geolocation Data</td>
<td style="padding: 10px 10px 10px 10px;">
Physical location or movements.
</td>
</tr>
<tr>
<td style="padding: 10px 10px 10px 10px;" width="25%">Sensory Data</td>
<td style="padding: 10px 10px 10px 10px;">
Audio, electronic, visual, or
similar information.
</td>
</tr>
<tr>
<td style="padding: 10px 10px 10px 10px;" width="25%">Professional or Employment-Related
Information
</td>
<td style="padding: 10px 10px 10px 10px;">
Current or past job history or performance
evaluations.
</td>
</tr>
</table>
<hr/>
<h3>2. How does {{ partner_name }} collect your information?</h3>
<p>Your information may be collected by the following mechanisms, through:</p>
<ol>
<li>Information that you provide by filling in forms on our Website or Services. This includes
information provided at the time of registering to use our Website or Services. We may also
ask you for information when you enter a contest, promotion, or sweepstakes sponsored by
us, or when you report a problem with our Website or Services.</li>
<li>Records and copies of your correspondence with us, if you contact us.</li>
<li>Your responses to surveys that we might ask you to complete for research purposes.</li>
<li>Your submission of stories to us about your experience with {{ partner_name }}.</li>
<li>Details of transactions you carry out through our Website or Services and/or the fulfilment
of your orders or requests. You may be required to provide financial information before
placing an order through our Website or Services.</li>
<li>Indirect observation of your actions on our Website through automated information collection methods.
<ol type="A">
<li><b>Automated Information Collection</b> - Like most website operators, we collect certain information automatically, without your input, of the sort that web browsers and servers and social media typically make available, such as your internet connection, operating system, browser type, language preference, referring site or source, location data, and other usage details. Our purpose in collecting this automatic information is to better understand how our visitors use the Website or Services. This information, and information about internet IP, as well as the date and time web pages are visited, are stored in various security and traffic logs. Our service provider reviews these logs, using statistical analysis, in an effort to track and predict traffic patterns and estimate resource needs. Unless we are tracking down a technical problem or we suspect either fraudulent behavior or illegal conduct, we do not trace specific user sessions.</li>
<li><b>Supplemental Technologies</b> - Our Website or Services use browser cookies, session identifiers, JavaScript™, and browser detection technology to provide consumers with a more pleasant, personalized online experience. Many browsers provide consumers with the ability to disable some or all of these technologies. Disabling them, especially in the case of JavaScript™, may prevent you from viewing some webpages. The cookies we use do not place any personally identifiable information on your computer.</li>
<li><b>Third-Party Use of Supplemental Technologies</b> - Some content or applications, including advertisements, on the Website or Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Website or Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. <a target="_blank"
href="https://tools.google.com/dlpage/gaoptout/">For example, if you do not want to be tracked by Google Analytics you may opt-out using Google's official opt-out browser add-on.</a></li>
</ol>
</li>
</ol>
<p>
{{ partner_name }}, will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Further, we aim to comply with all the requirements of COPPA. We will not collect information from anyone under 13 years of age. Our products, services and website are directed toward individuals over the age of 13.
</p>
<hr/>
<h3>3. How does {{ partner_name }} use your information?</h3>
<p>{{ partner_name }} uses the information that we collect about you or that you provide to us, including any personal information, as follows for one or more of the following business purposes:</p>
<ol>
<li>To fulfil or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery/implementation. We may also save your information to facilitate new product orders. If you submit a story about your experience with {{ partner_name }} we may post that story on our Website or Services, without identifying you by name or address. </li>
<li>To provide, support, personalize, and develop our Website or Services. </li>
<li>To create, maintain, customize, and secure your account with us. </li>
<li>To process your requests, purchases, transactions, and payments and prevent transactional fraud. </li>
<li>To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.</li>
<li>To personalize our Website or Services experience.</li>
<li>For testing, research, analysis, and product development, including to develop and improve our Website or Services.</li>
<li>To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.</li>
<li>As described to you when collecting your personal information.</li>
</ol>
<p>In addition, to:</p>
<ol>
<li>Present our Website or Services to you.</li>
<li>To provide you with information, products, or services that you request from us.</li>
<li>To fulfil any other purpose for which you provide it.</li>
<li>To service your account.</li>
<li>To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.</li>
<li>To notify you about changes to our Website or Services.</li>
<li>To contact you about potential hiring opportunities. </li>
<li>In any other way we may describe when you provide the information.</li>
<li>For any other purpose with your consent.</li>
</ol>
<p>If you submit an order request through our Website or Services, you may receive an email confirmation from our system. As your order status changes, you may also receive notifications via email. These notifications are considered part of our service and may not be disabled. We may also periodically send you email concerning products or services and newsletters. Any such notification will include instructions for opting out of future mailings. We do not store your sensitive credit card data; any credit card transactions are handled through a third-party PCI compliant gateway. </p>
<hr/>
<h3>4. How does {{ partner_name }} disclose and share your information? </h3>
<p>{{ partner_name }} may disclose your personal information to a third-party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.</p>
<p>We may share your personal information with the following categories of third parties:</p>
<ol>
<li>Subsidiaries and affiliates.</li>
<li>Contractors and service providers.</li>
<li>Data aggregators.</li>
<li>Third parties with whom we partner to offer products and services to you.</li>
<li>For any other purpose disclosed by us when you provide the information.</li>
</ol>
<p>In addition, we may also disclose your personal information:</p>
<ol>
<li>To comply with any court order, law, or legal process, including to respond to any government or regulatory request.</li>
<li>To enforce or apply our {% if partner_id == 1 %}
<a href="https://{{ partner_name }}.com/terms">Terms of Use</a>
{% else %}
Terms of Use
{% endif %}
, our Terms of Sale, and other agreements, including for billing and collection purposes.</li>
<li>If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of {{ partner_name }}, our customers, or others.</li>
</ol>
<p>
We take reasonable steps to ensure that third parties to whom we disclose information provided by you are obligated to protect your information on our behalf. However, we are not responsible for the privacy practices of third-party advertisers or for any other web sites reached through links from our site.
</p>
<p>
{{ partner_name }} does not sell or rent your information to any third parties. We will also never sell or trade your information to unrelated third parties without your consent.
</p>
<hr/>
<h3>5. How does {{ partner_name }} secure your information?</h3>
<p>
We take reasonable steps to ensure that your information is protected. Our Website and Services are hosted in a data center which makes use of multiple levels of redundant firewalls and database encryption to protect your information. Internally, we limit access to your information to those employees or agents whom we believe have reasonable need to use the information to provide products or services to you, or to perform their jobs.
</p>
<p>
The collection of any sensitive information is processed using SSL encryption technology. You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for "https" at the beginning of the address of the web page.
</p>
<p>
All credit card transactions are handled by a PCI compliant third-party credit card processing merchant and are encrypted. The payment information we do keep is in a redacted form and is limited to the: credit card's brand; the last 4 digits; the expiration date. This is done to assist with remind you of any billing related issues.
</p>
<p>
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
</p>
<p>
Unfortunately, the transmission of information via the internet can never be 100% secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website or Services.
</p>
<hr/>
<h3>6. How does {{ partner_name }} handle changes, notifications and history?</h3>
<p>
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on this Website. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
</p>
<p>
{{ partner_name }} reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website or Services and update the notice’s effective date. Your continued use of our Website or Services following the posting of changes constitutes your acceptance of such changes.
</p>
<p>
We may send you notifications via email in order to communicate with you and service your {{ partner_name }} account. These communications are considered part of our service and may not be disabled. While we will send emails, we cannot guarantee delivery. You are responsible for providing a valid email address and for updating it when your address changes.
</p>
<hr/>
<h3>7. What are your rights concerning the access, correction or deletion of your information?</h3>
<p>
You have the right to request that {{ partner_name }} provide, correct or delete any of your personal information that we collected from you and retained, subject to certain exceptions as outlined in this policy. You may contact us via the contact information provided at the end of this policy. Once we receive and confirm your verifiable consumer request, we will take the appropriate action.
</p>
<p>
A verifiable consumer request:
</p>
<ol>
<li>Provides enough information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.</li>
<li>Describes your request with enough detail that allows us to properly understand, evaluate, and respond to it.</li>
</ol>
<p>
The following should be noted regarding verifiable consumer requests:
</p>
<ol>
<li>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 relates to you.</li>
<li>Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.</li>
<li>We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.</li>
</ol>
<p>
We may deny your request if retaining the information is necessary for us or our service provider(s) to:
</p>
<ol>
<li>Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.</li>
<li>Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.</li>
<li>Debug products to identify and repair errors that impair existing intended functionality.</li>
<li>Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.</li>
<li>Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.</li>
<li>Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.</li>
<li>Comply with a legal obligation.</li>
<li>Make other internal and lawful uses of that information that are compatible with the context in which you provided it.</li>
</ol>
<hr/>
<h3>8. How can you contact us?</h3>
<p>
You may contact the {{ partner_name }} support team {% if partner_id == 1 %}
at <a href="mailto:support@buyercall.com?Subject=Privacy%20Question" target="_top">email</a> or call us at 360-207-5442
{% endif %}
concerning privacy issues related to:
</p>
<ol>
<li>Sending us a verifiable consumer request to access, correct or delete any personal information that you have provided to us (twice within a 12-month period)</li>
<li>If you feel that we are not abiding by this privacy policy.</li>
</ol>
<p>
Last Updated: April 8, 2020
</p>
</div>
</div>
</div>
<div class="row">
<div class="form-group col-md-6" style="text-align:right">
<form method="POST" action={{ url_for(agreed_endpoint, user_id=user.id) }}>
<input type="hidden" name="_csrf_token" value="{{ csrf_token() }}" />
<button id="btnSubmitAgreed" disabled type="submit" class="btn btn-fill btn-secondary">
YES I AGREE TO AND UNDERSTAND THE TERMS OF SERVICE & PRIVACY POLICY
</button>
</form>
</div>
<div class="form-group col-md-6 tos-decline-btn">
<form method="POST" action={{ url_for(disagreed_endpoint, user_id=user.id) }}>
<input type="hidden" name="_csrf_token" value="{{ csrf_token() }}" />
<button id="btnNotAgreed" type="submit" class="btn btn-fill btn-simple">
NO I DO NOT AGREE TO THE TERMS OF SERVICE & PRIVACY POLICY
</button>
</form>
</div>
</div>
<div class="row tos-help">
{% if partner_id == 1 %}
<p>
<a href="mailto:support@buyercall.com">Email support</a> if you require help.
</p>
{% else %}
Email support if you require help.
{% endif %}
<br>
</div>
</div>
</div>
<script>
$(document).ready(function() {
$(".tos-modal-look").on("scroll", function() {
var currY = $(this).scrollTop();
var postHeight = $(this).height();
var scrollHeight = $(".tos-modal-body").height();
var scrollPercent = (currY / (scrollHeight - postHeight)) * 100;
if (scrollPercent > 2) {
$("#btnSubmitAgreed").removeClass("btn-secondary").addClass("btn-light-blue");
$("#btnSubmitAgreed").removeAttr('disabled');
}
});
});
</script>
{% endblock %}