Terms | Conditions | Privacy Policy

Fee Schedule, Terms, Conditions, Privacy & Refund Policy
for ExposedAgent Marketing Solutions, LLC dba EngageMorePRO and GrazingBiz

FEE SCHEDULE

The following is the Privacy Policy. By using this service, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use this service.

At ExposedAgent Marketing Solutions, LLC, (dba EngageMoreCRM or EngageMorePRO, and GrazingBiz.com) your privacy is important to us, and so is being transparent about how we collect, use and share information about you. We collect and use personal data only as it might be needed for us to deliver to you our services (“Services”). Your personal data includes information such as:

* Name

* Address

* Telephone number

* Email address

* Other data collected that could directly or indirectly identify you.

Our Privacy Policy provides you with details about how and what data we collect, and how and why we use your personal data. It also describes options we provide for you to access, update or otherwise take control of your personal data that we process.

If at any time you have questions about our Privacy Policy or any of your rights described below, you may contact us at [email protected].

We understand that in using our Services, you will provide to us personal data regarding your customers and clients. This data remains under your sole control. We only process this data in accordance with your instructions. This is explained in further detail below.

This policy is intended to help you understand:

* What information we collect about you

* How we use the information we collect

* How we share information we collect

* How we secure, store and retain your data

* How you can access, update or delete your data

* How we transfer information we collect internationally

* Other important privacy information

What information we collect about you:

We collect information so that we can provide the best possible experience when you use our Services. Personal data is collected directly from you when you: (1) create an account or purchase any of our Services (e.g., billing information, including name, address, credit card number; (2) request assistance from our customer support team (e.g., phone number); or (3) complete contact forms or request other information from us (e.g., email). We also collect additional information when delivering our Services to you to ensure necessary and optimal performance. These methods of collection may not be as obvious to you, so we wanted to highlight and explain what these might be (as they vary from time to time), and how they work:

Account and profile information:

We collect information in association with your use of our Services, such as standard information relating to your payments to us, when your contract renews or expires, your information requests, and any customer service requests and notes or details explaining what you asked for and how we responded.

Data about usage of services:

This is automatically collected when you use and interact with our Services, including metadata, log files, cookie/device IDs and location information. This information includes specific data about your interactions with the features, content and links (including those of third-parties, such as social media plugins) contained within the Services, Internet Protocol (IP) address, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data, information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and error data, and some of this data collected might be capable of and be used to approximate your location.

Information we receive from other sources:

We may receive data about you from other sources, including publicly available databases or third parties from whom we have purchased data, in which case we may combine this data with information we already have about you so that we can update, expand and analyze the accuracy of our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

Cookies:

We do use cookies, but we do not tie the cookies to any personal information that you provide to us. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our service may become inaccessible or not function properly. For additional information, please visit our COOKIE POLICY.

Website analytics:

We use web analytics tools provided by service partners such as Google Analytics to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies.

How we use the information we collect:

Our policy is to minimize the data we collect and limit its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes.

We collect various information relating to your purchase, use and/or interactions with our Services. We utilize this information to:

* Improve and optimize the user experience, operation and performance of our Services;

* Diagnose problems with and identify any security risks, errors, or needed upgrades to the Services;

* Detect and prevent fraud and abuse of our Services and systems;

* Collect aggregate statistics about use of the Services

Our Services also include tailored features that personalize your experience, enhance your productivity, and improve your ability to collaborate effectively with others. In most cases, statistical data about how individuals use our Services is not linked to any personal data. To the extent it comprises personal data, or is linked or linkable to personal data, we treat it accordingly.

To communicate with you about our services

We may contact you directly or through a third- party service provider regarding our Services in order to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable where allowed based upon legitimate interests or otherwise with your consent. You don’t need to provide consent as a condition to purchase our goods or services. These contacts may include:

* Email

* Text (SMS) messages

* Telephone calls

If you make use of our Service to import contacts (ex. using email marketing services to send emails on your behalf), we will only use the contacts and any other personal information to provide the requested service. If you believe that anyone has provided us with your personal information and you would like to request that it be removed from our database, please contact us at [email protected]. For more information about processing third party data please see below.

For research and development

We are always looking for ways to make our offerings better, faster and stronger. We use collective learnings about how people use our Services to identify trends and usage patterns. We also test and roll out new features to a limited number of users before all customers receive the enhancements.

Targeted advertisements

Targeted ads or interest-based offers may be presented to you based on your activities on our webpages, and other websites, and based on the products you currently own. These offers will display as varying product banners presented to you while browsing. We also partner with third parties to manage our advertising on our webpages and other websites. Our third party partners may use technologies such as cookies to gather information about such activities in order to provide you with advertising based upon your browsing activities and interests, and to measure advertising effectiveness.

How we share information we collect

Except as described below, we do not share any of your personal data with third parties.

We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).

Compliance with legal, regulatory and law enforcement requests

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.

How we secure, store and retain your data

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

* mandated by law, contract or similar obligations applicable to our business operations;

* for preserving, resolving, defending or enforcing our legal/contractual rights; or

* needed to maintain adequate and accurate business and financial records.

You can help maintain the security of your personal data by keeping your passwords and account information private. Remember, you, not ExposedAgent Marketing Solutions, LLC, is responsible for ensuring that no unauthorized person has access to your password or account information. In addition, you need to implement appropriate security measures for the third party data you store when you use our Services (see below).

Your customers’ personal data

You use our Services to store, transmit and process data regarding your customers. It is you, not ExposedAgent Marketing Solutions, LLC who decides the reasons why such data is collected, how it is collected, and how it is to be used. ExposedAgent Marketing Solutions, LLC does not review, share, distribute, or reference any such data except as directed by you and in accordance with your agreement with ExposedAgent Marketing Solutions, LLC, or as may be required by applicable law. Nothing in this Privacy Policy in anyway amends the terms and conditions applicable to your use of the Services.

You are solely responsible for the personal data that you collect and process using our Services and for compliance with applicable data protection laws. Our responsibility is to comply with the terms of our agreement with you. You are responsible for maintaining the security and confidentiality of your accounts and access to our Services.

We provide our Services under your direction. We have no direct relationship with the individuals whose personal data you process using our Services. If any of your customers or clients contact ExposedAgent Marketing Solutions, LLC with concerns regarding their personal data, they will be directed to contact you.

By signing up to use our Services, you have agreed that the personal data of your customers may be transferred by us to third parties who help to provide our Services. Any such transfers are made in accordance with the terms of the agreements between us.

For EU and Swiss Individuals: Privacy Shield Notice for Personal Data Transfers to the United States

ExposedAgent Marketing Solutions, LLC complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield. ExposedAgent Marketing Solutions, LLC has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, ExposedAgent Marketing Solutions, LLC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to [email protected].

If requested to remove data, we will respond within a reasonable timeframe.

We will provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to [email protected].

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

ExposedAgent Marketing Solutions, LLC’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, ExposedAgent Marketing Solutions, LLC remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless ExposedAgent Marketing Solutions, LLC proves that it is not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, ExposedAgent Marketing Solutions, LLC commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact ExposedAgent Marketing Solutions, LLC.

ExposedAgent Marketing Solutions, LLC

11201 N. Tatum Blvd, Suite 300

PMB 71144

Phoenix, AZ 85028

By Phone: 602-818-1667

ExposedAgent Marketing Solutions, LLC has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

How you can access, update or delete your data.

It is very important that the information we hold about you is accurate and up to date. To easily access, view, update, delete or port your personal data (where available), please sign into your Account and visit “Account Settings”. Here you can also opt-out of any (or all) of our email communications.

You can also email us at any time if your personal information changes, or you want to opt-out of email communication: [email protected].

If you make a request to delete your personal data and that data is necessary for the Services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.

If you are unable for any reason, to access your Account Settings or our Privacy Center, you may also contact us by one of the methods described in the “Contact Us” section below.

How we transfer information we collect internationally

Transfer of personal data abroad

If you utilize our Services from a country other than the country where our servers are located, your communications with us may result in transferring your personal data across international borders. Also, when you call us or initiate a chat, we may provide you with support from a location outside your country of origin. In these cases, your personal data is handled according to this Privacy Policy.

Disclosures of your personal data:

We may have to share your personal data with the parties set out below:

• Service providers who provide IT and system administration services.

• Government bodies that require us to report processing activities.

• Third parties to whom we may sell, transfer, or merge parts of our business or our assets.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

International

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

• We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or

• Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or

• If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.

EU General Data Protection Regulation (GDPR) compliance

Customers of ExposedAgent Marketing Solutions, LLC who are located in the European Economic Area (EEA), and customers of ExposedAgent Marketing Solutions, LLC no matter where located, who process personal data of EEA residents should note the following:

· This Privacy Policy is designed to comply with the GDPR;

· ExposedAgent Marketing Solutions, LLC is only a Data Processor, not a Data Collector; and

· ExposedAgent Marketing Solutions, LLC does not have an “establishment” in the EEA.

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

Other important privacy information

Age restrictions

Our Services are available for purchase only for those over the age of 18. Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us.

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Changes in our Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.

If you have any questions, concerns or complaints about this Privacy Policy, please contact us by email at [email protected]. In the alternative, you may contact us by either of the following means:

The following are the Terms of Use and Data Processing Addendum for ENGAGEMORE PRO (aka GrazingBiz). By using this service, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use this service.

1. Password and Security

You will be provided with a user name and a secure password for accessing our service. You are solely responsible for maintaining the confidentiality of your password(s). You agree to notify ENGAGEMORE PRO immediately of any unauthorized use of your password(s)/account or any other breach of security applicable to our service.

2. User Privacy

In summary, we do not share your personal information, email address, or any of the information you enter into EngageMore PRO with any other organization or individual.

3. Limitation of Liability

By accepting these terms and conditions you agree that ENGAGEMORE PRO and its affiliates are not responsible and have no liability for indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to your use of our service. ENGAGEMORE PRO will only be liable for costs and expenses incurred directly by you as a result of any negligent act or omission by us, provided that, under no circumstances shall our liability exceed the fees paid by you to ENGAGEMORE PRO for services rendered in the preceding 12-month period.

4. Indemnification

4.1 Customer agrees to defend, indemnify and hold harmless EngageMore PRO , its members, managers, officers, employees, attorneys, agents, and assigns from any and all claims, liabilities, losses, costs or damages whatsoever (herein “Claims”), including reasonable attorney’s fees, arising as a result of, or in any way connected with, the use of the System by any person, including but not limited to Customer or Authorized User (otherwise than as a result of any gross negligence on the part of EngageMore PRO ), whether or not such Claims arise out of tort, contract or statute including, without limitation, (i) Claims caused by any act error, omission, fault or negligence of Customer or any Authorized User or any other party or their respective employees, customers or permitted assigns, or (ii) Claims arising under a warranty or representation by Customer to any Authorized User or to any third party in connection with the System, or (iii) Claims arising out of libel, slander, infringement of copyright, trademarks, service marks, trade secrets or patents, or breach in the privacy or security of transmissions directly or indirectly related to the use of the System, or (iv) Claims related to the rights of persons and entities that are not parties to this Agreement relating to the products and services provided directly or indirectly by EngageMore PRO that may include tools by which Customer or Authorized Users can contact third parties by phone, email and/or text messages (herein “Dissemination of Information”).

4.2 ENGAGEMORE PRO SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR DISSEMINATION OF INFORMATION. Customer represents and warrants that it will inquire of its own legal counsel as to the legality of any Dissemination of Information and/or actions in furtherance of such dissemination, and Customer assumes all responsibility for knowledge of, and compliance with, state and federal statutes, regulations, ordinances and other strictures governing the Dissemination of Information. Customer will use EngageMore PRO ’ products, software and data base in full compliance with, and shall indemnify EngageMore PRO for failures of any person or entity, including but not limited to Customers and Authorized Users to fully comply with, all state and federal statutes, regulations, ordinances and other strictures governing the Dissemination of Information and/or actions in furtherance of such dissemination.

4.3 If EngageMore PRO receives notice of any Claim with respect to which it may be entitled to be indemnified by Customer hereunder it shall promptly give notice of the same to Customer. If Customer does not assume the defense of such Claim and unconditionally acknowledge its obligation to indemnify EngageMore PRO with respect thereto, EngageMore PRO shall be entitled to take such actions with regard thereto as it shall in its sole discretion determine including, but not limited to, de-activation of any Authorized User that it reasonably suspects is responsible for the conduct giving rise to the Claim and, if the misuse of the System is sufficiently serious, and after prior notice to Customer, to suspend all services provided hereunder until Customer is able to demonstrate to the reasonable satisfaction of EngageMore PRO that such misuse will not reoccur.

5. About the Copyright of the EngageMore PRO

Copyright in all material on this website and CRM software, including the underlying HTML, text, illustrations, designs, icons, audio clips, video clips, documents, products, software, email templates, text templates and opt-in landing page templates and all other content (“Material”) is owned solely by EngageMore PRO .

Except as noted in the Terms of Use below, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means (“Use” or “Used”), without the prior written consent of the EngageMore PRO

Material Terms of Use Exceptions:

EngageMore PRO grants the user the right to edit, direct mail, email, text, delete, and use for limited advertising purposes the Material provided within the marketing emails, texts and opt-in landing pages URLs (“marketing content”) with the intention to promote their business only to true and real prospects.

Copying, downloading, saving, sharing, distributing or selling of any and all EngageMore PRO marketing content is considered a violation and theft and, thus, is STRICTLY prohibited. Violators will liable and prosecuted to the fullest extent of the law.

6. Use of logo

EngageMore PRO hereby grants to Customer the express right to use EngageMore PRO ’s name and logo solely to identify EngageMore PRO as a provider of services to Customer. Other than as expressly stated herein, neither party shall use the other party’s marks, codes, drawings, or specifications without the prior written permission of the other party.

7. Termination and Suspension

We may terminate or deny access to any part, or all of the services offered, for non-payment or violation of any of the Terms of Use terms. In the event that a customer is rude, abusive or otherwise conducts themselves in an unprofessional manner with any EngageMore PRO personnel either personally or in public (whether by in person, over the telephone, public or private social media forums or in any other communications) we deny access to all or any part of the services (or to any such user) or we may elect by notice in writing to terminate this agreement in its entirety. Additionally, there may be rare occasions where we need to suspend the service for repairs, upgrades or maintenance reasons. If we were to terminate the service permanently, pre-paid customers would be refunded any pre-paid months not used. For other terms related to Refunds, please see below.

Data Processing Addendum

This Data Processing Addendum (this “DPA”) is made between EngageMore PRO , (a subsidiary of ExposedAgent Digital Marketing, a limited liability company organized and existing under the laws of the State of Arizona, U.S.A. (“EngageMore PRO ”), and the entity or person obtaining a license to use the ENGAGEMORE PRO product.

This DPA is supplemental to the Agreement and sets out the terms that apply when Personal Data is processed by EngageMore PRO under the Agreement. In addition, EngageMore PRO’s privacy policy is incorporated by reference and forms part of the Agreement as supplemented by this Addendum.

1. Definitions

1.1 For the purposes of this DPA, the following terms shall have their respective meanings set forth below and other capitalized terms used but not defined in this DPA have the same meanings as set forth in the Agreement:

(a) “Agreement” means the EngageMore PRO Terms of Use Agreement between the parties providing for the provision by EngageMore PRO to Customer of the services described therein.

(b) “EEA” means the European Economic Area (including the United Kingdom).

(c) “EU Data Protection Legislation” means on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) (as amended, replaced or superseded).

(d) “Controller” means the entity which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

(e) “Processor” means an entity which processes Personal Data on behalf of the Controller. person.

(f) “Personal Data” means any information relating to an identified or identifiable natural

(g) “Privacy Shield” means the EU-U.S. and Swiss-U.S. Privacy Shield self-certification program operated by the U.S. Department of Commerce.

(h) “Privacy Shield Principles” means the Privacy Shield Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision C(2016)4176 of July 12, 2016 (as may be amended, superseded or replaced).

(i) “Security Incident” means accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data.

(j) “Sensitive Data” means (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof), (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords; (f) date of birth; (g) criminal history; (h) mother’s maiden name; and (i) any other information that falls within the definition of “special categories of data” under EU Data Protection Legislation or any other applicable law relating to privacy and data protection.

2. Relationship with Agreement

2.1 Except as amended by this DPA, the Agreement will remain in full force and effect.

2.2 If there is a conflict between the Agreement and this DPA, the terms of this DPA will control.

2.3 Any claims brought under this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement.

3. Applicability of this DPA

3.1 The general data protection obligations set forth in Part A (being Sections 4 to 6 as well as Annex A), apply to the processing of Personal Data under the Agreement from the Effective Date. Part B (being Sections 7 to 11) apply to the processing of Personal Data by EngageMore PRO within the scope of the GDPR.

3.2 With respect to the processing of Personal Data falling within the scope of Part B:

(a) the terms of Part B shall apply in addition to, and not in substitution of, the terms in Part A; and

(b) to the extent there is any conflict between the provisions in Part A and Part B, the provisions in Part B shall take priority.

3.3 Notwithstanding anything in this DPA, EngageMore PRO will have the right to collect, extract, compile, synthesize and analyze aggregated, non-personally identifiable data or information (data or information that does not identify Customer or any other entity or natural person as the source thereof) resulting from Customer’s use or operation of the Services (“Service Data”) including, by way of example and without limitation, information relating to number of contacts, todo’s, and deals; phone call lengths in minutes, email sending statistics, free trial statistics. To the extent any Service Data is collected or generated by EngageMore PRO , such data will be solely owned by EngageMore PRO and may be used by EngageMore PRO for any lawful business purpose without a duty of accounting to Customer For the avoidance of doubt, this DPA will not apply to Service Data.

Part A: General data protection obligations

4. Roles and responsibilities

4.1 Parties’ Roles. Customer, as Controller, appoints EngageMore PRO as a Processor to process the Personal Data described in Annex A on Customer’s behalf.

4.2 Purpose Limitation. EngageMore PRO shall process the Personal Data for the purposes described in Annex A and only in accordance with the lawful, documented instructions of Customer, except where otherwise required by applicable law. The Agreement and this DPA sets out Customer’s complete instructions to EngageMore PRO in relation to the processing of the Personal Data and any processing required outside of the scope of these instructions will require prior written agreement between the parties.

4.3 Prohibited Data. Customer will not provide (or cause to be provided) any Sensitive Data to EngageMore PRO for processing under the Agreement, and EngageMore PRO will have no liability whatsoever for Sensitive Data, whether in connection with a Security Incident or otherwise. For the avoidance of doubt, this DPA will not apply to Sensitive Data.

4.4 Description of Processing. A description of the nature and purposes of the processing, the types of Personal Data, categories of data subjects, and the duration of the processing are set out further in Annex A.

4.5 Compliance. Customer shall be responsible for ensuring that:

(a) it has complied, and will continue to comply, with all applicable laws relating to privacy and data protection, including EU Data Protection Legislation, in its use of the Services and its own processing of Personal Data (except as otherwise required by applicable law); and

(b) it has, and will continue to have, the right to transfer, or provide access to, the Personal Data to EngageMore PRO for processing in accordance with the terms of the Agreement and this DPA.

5. Security

EngageMore PRO will ensure that Personal Data is kept in a safe environment and secured against loss, misuse, unauthorized access, disclosure, alteration or destruction, taking due account of the nature of the data and the risks involved in the processing.

6. International transfers

6.1 International Transfers. To the extent that EngageMore PRO processes (or causes to be processed) any Personal Data originating from the EEA in a country that has not been designated by the European Commission as providing an adequate level of protection for Personal Data, the Personal Data shall be deemed to have adequate protection (within the meaning of EU Data Protection Legislation) by virtue of EngageMore PRO ’s self-certification to the Privacy Shield. EngageMore PRO shall agree to apply the Privacy Shield Principles when processing (or causing to be processed) any EEA or Swiss Personal Data under this Agreement.

6.2 Privacy Shield Notifications. EngageMore PRO agrees to notify Customer without undue delay if its self- certification to the Privacy Shield is withdrawn, terminated, revoked, or otherwise invalidated. In such a case, the parties shall cooperate in good faith to put in place such alternative data export mechanisms as are required under EU Data Protection Legislation to ensure an adequate level of protection for the Personal Data.

7. Additional security

7.1 Confidentiality of processing. EngageMore PRO shall ensure that any person that it authorizes to process the Personal Data shall be subject to a duty of confidentiality (whether a contractual or a statutory duty).

7.2 Security Incidents. Upon becoming aware of a Security Incident, EngageMore PRO shall notify Customer without undue delay and shall provide such timely information as Customer may reasonably require, including to enable Customer to fulfil any data breach reporting obligations under EU Data Protection Legislation. EngageMore PRO shall take appropriate and commercially reasonable steps to mitigate the effects of such a Security Incident on the Personal Data under this Agreement.

8. Sub-processing

8.1 Sub-processors. Customer agrees that EngageMore PRO may engage EngageMore PRO affiliates and third-party sub-processors (collectively, “Sub-processors”) to process the Personal Data on EngageMore PRO ’s behalf. Contact [email protected] for a complete list of subproviders.

8.2 Changes to Sub-processors. Customer Changes to Sub-processors. Customer will be notified if EngageMore PRO , adds or replaces any Sub-processors. If Customer has not previously consented to such changes, within five (5) calendar days of such notification, Customer may object inwriting to the appointment of any additional or replacement Sub-processor in which case EngageMore PRO will permit Customer to terminate the affected EngageMore PRO service in accordance with the termination provisions of the Agreement. If no such objection is received, Customer will be deemed to have consented to such changes. may object in writing to the appointment of an additional Sub-processor within five (5) calendar days after receipt of EngageMore PRO ’s notice in accordance with the mechanism set out at Section 8.1 above. In the event that Customer objects on reasonable grounds relating to the protection of the Personal Data, then the parties shall discuss commercially reasonable alternative solutions in good faith. If no resolution can be reached, EngageMore PRO will, at its sole discretion, either not appoint Sub-processor, or permit Customer to suspend or terminate the affected EngageMore PRO service in accordance with the termination provisions of the Agreement.

8.3 Sub-processor obligations. Where a Sub-processor is engaged by EngageMore PRO as described in this Section 8, EngageMore PRO shall:

(a) restrict the Sub-processor’s access to Personal Data only to what is necessary to perform the subcontracted services;

(b) impose on such Sub-processors data protection terms that protect the Personal Data to the same standard provided for by this DPA; and

9. Cooperation

9.1 Cooperation and data subjects’ rights. EngageMore PRO shall, taking into account the nature of the processing, provide reasonable assistance to Customer insofar as this is possible, to enable Customer to respond to requests from a data subject seeking to exercise their rights under EU Data Protection Legislation. In the event that such request is made directly to EngageMore PRO , EngageMore PRO shall promptly inform Customer of the same.

9.2 Data Protection Impact Assessments. EngageMore PRO shall, to the extent required by EU Data Protection Legislation and at Customer’s expense, taking into account the nature of the processing and the information available to EngageMore PRO , provide Customer with commercially reasonable assistance with data protection impact assessments or prior consultations with data protection authorities that Customer is required to carry out under EU Data Protection Legislation.

10. Security

10.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the services provided by EngageMore PRO pursuant to the Agreement, EngageMore PRO will implement appropriate technical and organizational measures to ensure a level of security appropriate to the associated risk relative to Personal Data, including, inter alia, as appropriate:

(a) the pseudonymisation and encryption of Personal Data;

(b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

(c) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; and

(d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

10.2 In assessing the appropriate level of security EngageMore PRO will take into account, in particular, the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise processed.

10.3 EngageMore PRO will take steps to ensure that any person acting under the authority of the Controller or EngageMore PRO who has access to Personal Data does not process such Personal Data except on instructions from the Controller, unless he or she is required to do so by EU Data Protection Legislation.

11. Deletion / return of data

Upon termination or expiry of the Agreement, EngageMore PRO shall at Customer’s election, delete or return to Customer the Personal Data (including copies) in EngageMore PRO ’s possession, save to the extent that EngageMore PRO is required by any applicable law to retain some or all of the Personal Data.

ANNEX A DESCRIPTION OF PROCESSING

Nature and purposes of processing

EngageMore PRO is a US headquartered provider of cloud-based transactional and marketing email delivery, management and analytics services. These services will consist primarily of managing interaction with current and potential customers, providing marketing automation tools, and sending and delivering e-mail communications on behalf of the Customer All content entered into EngageMore PRO systems are determined by the Customer in its sole discretion.

Otherwise, the data processing will involve any such processing that is necessary for the purposes set out in the Agreement, the DPA, or as otherwise agreed between the parties

Categories of data subjects

The personal data transferred concern any data subject who has been added as a contact into the EngageMore PRO system which the Customer instructs EngageMore PRO to manage.

Categories of data

The personal data transferred concern the following categories of data for the data subjects:

* First and last name, address, telephone numbers, e-mail addresses, fax numbers, employment company, job title, and

* Any other personal data that the Customer chooses to include within the contact record within the EngageMore PRO ’s System.

The personal data transferred to EngageMore PRO for processing is determined and controlled by the Customer in its sole discretion. As such, EngageMore PRO has no control over the volume and sensitivity of personal data processed through its service by the Customer.

Special categories of data (if appropriate)

EngageMore PRO does not intentionally collect or process any special categories of data in the provision of its service.

Under the Agreement, the Customer agrees not to provide special categories of data to EngageMore PRO at any time.

Duration of processing

The personal data will be processed for the term of the Agreement, or as otherwise required by law or agreed between the parties.

If you have any questions or concerns about this Terms of Use Policy, please contact us by email at [email protected]. In the alternative, you may contact us by either of the following means:

By Mail:

EngageMore PRO

11201 N. Tatum Blvd, Suite 300, PMB71144

Phoenix, AZ 85028

By Phone: 888-688-9593

We will respond to all requests, inquiries or concerns within thirty (30) days.

Page 2 of 2

Last Updated: January 18 2020

REFUND POLICY

Your satisfaction with our Software, Program, Content, Product, Training or Service is important to us. Extensive time, effort, preparation and care goes into creating our Digital Software Programs, Products, Services and Program Materials. Thus, we have a very strict refund policy in order to prevent theft of our digital content.

I. It is important to understand that the products and/or training you purchased are 100% digital and once in your possession, ENGAGEMORE PRO is limited to retrieve every portion of your training and content purchased.

II. Unless otherwise provided by law, due to the high level of digital content and training, you acknowledge that ENGAGEMORE PRO does not offer refunds for any portion of your payment for any of our Services, Products, Campaigns or Digitally Recorded or Live Training provided in your purchase and/or during training sessions provided in the member’s area.

a) Exception: Under the condition that purchaser can submit evidence that purchaser has successfully completed all of the JUMP-START TRAINING MODULES as instructed, accurately followed the instructions/training, provided evidence of lead counts, sources and market stats (in some cases), implemented the campaigns as instructed, and used the ENGAGEMORE PRO software as instructed and can show that even after taking all above actions that the product purchased did not prove to provide you a level of response that both you and ENGAGEMORE PRO believes you would have reasonably expected to receive.

b) Time Frame for Refunds: It is expected that you will go through the Jump-Start training, import your leads, and start sending campaigns within 30 days of access. Therefore, no refunds will be considered past 30 days.

c) NOTE: Purchaser’s voluntary termination of use of ENGAGEMORE PRO is not a warranted reason for refund. Purchaser’s decision to terminate or discontinue use of ENGAGEMORE PRO member’s software at any time following purchase is at the sole decision of purchaser and, thus, a prohibitive factor in determining if a refund is applicable based on Paragraph II (a) above.

III. Any Refunds (full or partial) are provided at the sole discretion of ENGAGEMORE PRO based on review of the circumstances surrounding purchaser’s request for refund. In the event of a request for refund, (full or partial) purchaser will agree to allow ENGAGEMORE PRO to access and review purchaser’s associated account.

IV. Requests for refund and proof provided per Paragraph II (a) above are to be submitted in writing and emailed to [email protected]. Requests for refunds via phone calls, voice messages, texts, or messenger to ENGAGEMORE PRO will not be considered. Exposed agent reserves the right to review the written request and will respond within 7 days of request.

V. Theft or sharing of ENGAGEMORE PRO digital content with unauthorized persons will result in prosecution to the fullest extent of the law before, during or after purchase or cancellation.

If you are unhappy with your purchase, we welcome you to email us at [email protected] with specifics and we will respond to your email within 7 days of receipt.

HOW TO CONTACT US:

By Mail:

EngageMore PRO

11201 N. Tatum Blvd, Suite 300, PMB71144

Phoenix, AZ 85028

By Phone: 888-688-9593

By email: [email protected]

We will respond to all requests, inquiries or concerns within thirty (30) days.