User Agreement

Last updated: February 27, 2019

By using one or more of the LegacyShield Services, as defined below, you agree to be bound by this User Agreement ("User Agreement"), as well as the Privacy Policy and any other policies posted by LegacyShield from time to time.

It is your responsibility to review this User Agreement periodically. If, at any time, you find the terms of this User Agreement unacceptable, please stop using this Portal (defined below), and cancel your account. We may revise this User Agreement at any time. If you have any questions, please contact us at support@legacyshield.com.

1.           Certain Definitions.

• A.           "Advisor" means (i) an employee of, or an individual independent contractor providing services to, an Enterprise or an Affiliate which purchased an Advisor MyLegacy Subscription on his or her behalf (whether or not such person actually is a licensed, professional estate planning or other type of advisor) and who is authorized to access and use the Portal, or (ii) a professional services provider who purchases a MyLegacy Subscription directly from LegacyShield.

• B.           "Affiliate" means an entity that controls, is controlled by, or is under common control with an Enterprise, where "control" means possession, directly or indirectly, of a majority of an entity’s voting interests.

• C.           "Client User" means an individual who accepts an Advisor’s invitation to the Portal by registering for a MyLegacy Subscription.

• D.           "Documentation" means all documentation, whether printed or in electronic retrieval format, supplied or made available to User by LegacyShield for use with or in support of the Portal or its implementation, including without limitation any and all revisions, modifications, and updates thereof as may be supplied or made available by LegacyShield to User during the Term of this User Agreement and all copies thereof made by or on behalf of Customer.

• E.            "Enterprise" means an entity which has purchased bundled MyLegacy Subscriptions.

• F.            "Enterprise Agreement" means the agreement between an Enterprise and LegacyShield regarding the purchase of bundled MyLegacy Subscriptions.

• G.           "LegacyShield Services" means the Portal, the User Account, the MyLegacy Subscription, all additional products and services provided by LegacyShield on the Portal, Marketplace Products, and any other products or services LegacyShield provides or makes available to Users through the Portal.

• H.           "Licensed Materials" means, in the case of non-Advisor Users, the MyLegacy Subscription, and any Marketplace Products that have been purchased by or on behalf of the User or otherwise made available to the User; and in the case of Users who are Advisors, the MyLegacy Subscription, any Marketplace Products that have been purchased by or on behalf of the User or otherwise made available to the User, and the Documentation.

• I.             "Marketplace Products" means products and services available for purchase from the marketplace within the Portal, other than the MyLegacy Subscription.

• J.             "MyLegacy Subscription" means the license for a User to access and use the MyLegacy service through the Portal pursuant to the terms of this User Agreement.Although Marketplace Products may be provided to or purchased by the User, the User’s MyLegacy Subscription does not include such Marketplace Products.

• K.             "Portal" means the LegacyShield website at www.legacyshield.com and the User Account functionality which allows access to the LegacyShield Services, together with any associated database structures and queries, interfaces, tools, and the like that may be provided by LegacyShield to User, together with any and all revisions, modifications, and updates thereof.

• L.             "Referral Fee" means fees earned by an Advisor when an associated Client User purchases certain Marketplace Products.

• M.             "User" means any Advisor or Client User.

• N.             "User Account" refers to a User’s unique, password-protected account on the Portal.

• O.             "User Data" means all data entered into the Portal by or on behalf of a User.

2.           Changes to User Agreement. It is our practice to post any changes we make to our User Agreement on this page with a prominent notice that the User Agreement has been updated on the Portal’s home page contemporaneously with the change becoming effective. The date the User Agreement was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and Portal and reviewing this User Agreement to check for any changes, as they are binding on you. Your continued use of any LegacyShield Service is subject to User Agreement, as revised.

3.           Changes to LegacyShield Services. LegacyShield may, from time to time, update its product and service offering and pricing. The currently available LegacyShield Services can be viewed on the Portal, along with current prices for such LegacyShield Services.

4.           Obtaining Access to LegacyShield Services. An individual may obtain access to the LegacyShield Services, and become a User under this User Agreement, in one of the following ways:

• A.           An Advisor may either be granted a MyLegacy Subscription by an Enterprise that has purchased bundled MyLegacy Subscriptions, or may purchase an individual MyLegacy Subscription; or

• B.           An individual who is not an Advisor may be granted a MyLegacy Subscription by an Advisor or a Client User who invites the individual to the Portal.

Once a User has established a User Account on the Portal, the User is considered to have accepted the MyLegacy Subscription. Depending on the terms of the underlying Enterprise Agreement, if any, and the terms of the User’s invitation to the Portal, the MyLegacy Subscription may also include access to certain Marketplace Products. Users may also purchase Marketplace Products. Each User must have an active MyLegacy Subscription in order to purchase or access any Marketplace Products.

5.           Terms For All Users.

• A.           License Grant. Subject to the terms and conditions of this User Agreement, LegacyShield hereby grants to User, during the term, a limited, revocable, non-exclusive, non-transferable license to use and access the Licensed Materials. In using the Licensed Materials, User agrees that (a) it will use the Licensed Materials in accordance with such guidelines as may be set forth in this User Agreement or otherwise specified by LegacyShield; (b) the Licensed Materials are and shall remain the sole property of LegacyShield; (c) nothing in this agreement shall confer in or on User any right of ownership in the Licensed Materials; (d) it will not modify, adapt, translate, or create derivative works based upon any part of the Licensed Materials, or combine or merge any part of the Licensed Materials with or into any other software, content, or documentation except as expressly authorized by this User Agreement; (e) it will not use the Licensed Materials for any illegal or inappropriate purpose or in connection with any illegal or inappropriate activity; and (f) use of the Licensed Materials shall inure to the benefit of LegacyShield.

• B.           No Provision of Investment, Legal or Financial Advice. USER HEREBY ACKNOWLEDGES THAT LEGACYSHIELD IS NOT PROVIDING, AND DOES NOT PURPORT TO PROVIDE, ANY INVESTMENT, LEGAL OR FINANCIAL ADVICE WHATSOEVER. USER SHALL NOT RELY ON LEGACYSHIELD TO PROVIDE ANY SUCH ADVICE OR COUNSEL. IN NO EVENT WILL USER RESPRESENT TO ANY PERSON THAT LEGACYSHIELD IS PROVIDING ANY INVESTMENT, LEGAL OR FINANCIAL ADVICE.

• C.           No Endorsement or Recommendation of Enterprise or Advisor. USER HEREBY ACKNOWLEDGES THAT LEGACYSHIELD IS NOT IN ANY WAY ENDORSING OR RECOMMENDING ANY ENTERPRISE, ADVISORS, OR ANY ADVICE OR SERVICES PROVIDED BY ANY ENTERPRISE OR ADVISOR. IN NO EVENT WILL USER REPRESENT TO ANY PERSON THAT LEGACYSHIELD IS MAKING OR HAS MADE ANY SUCH ENDORSEMENT OR RECOMMENDATION.

• D.           LegacyShield Services Provided “As Is”. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, EXCEPT AS EXPRESSLY SET FORTH IN THIS USER AGREEMENT, THE LEGACYSHIELD SERVICES ARE PROVIDED “AS IS” AND LEGACYSHIELD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS USER AGREEMENT, THE MYLEGACY SUBSCRIPTION, THE LEGACYSHIELD SERVICES OR THE RESULTS THAT MAY (OR MAY NOT) BE ACHIEVED BY A USER THROUGH USE OF OR ACCESS TO THE LEGACYSHIELD SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE. LEGACYSHIELD DOES NOT REPRESENT THAT THE OPERATION OF THE LEGACYSHIELD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. USER ACKNOWLEDGES THAT LEGACYSHIELD USES A THIRD PARTY TO HOST THE LEGACYSHIELD SERVICES AND TO STORE USERS’ INFORMATION. USER SHALL NOT MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ON BEHALF OF LEGACYSHIELD OR ITS THIRD-PARTY PROVIDERS OR LICENSORS TO ANY OTHER USER OR ANY THIRD PARTY IN CONNECTION WITH THE LEGACYSHIELD SERVICES.

• E.            Limitation of Liability. IN NO EVENT SHALL LEGACYSHIELD (OR ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH LEGACYSHIELD), OR LEGACYSHIELD’S THIRD-PARTY PROVIDERS OR LICENSORS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT OR THE LEGACYSHIELD SERVICES, WHETHER OR NOT SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL LEGACYSHIELD (OR ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH LEGACYSHIELD) BE LIABILE FOR ANY CLAIMS UNDER ANY AND ALL LEGAL THEORIES FOR AGGREGATE DAMAGES ARISING OUT OF OR RELATING TO THIS USER AGREEMENT AND THE LEGACYSHIELD SERVICES IN EXCESS OF THE AGGREGATE FEES RECEIVED BY LEGACYSHIELD FROM USER IN THE ONE-YEAR PERIOD PRIOR TO SUCH CLAIM BEING MADE.

• F.            Term of MyLegacy Subscription. The term of the MyLegacy Subscription shall continue indefinitely, unless and until terminated pursuant to the terms of this User Agreement.

• G.           Term of Access to Marketplace Product. The term of User’s access to a Marketplace Product that has been purchased for or provided to the User by an Enterprise will be governed by the Enterprise Agreement and invitation, as applicable, unless and until terminated pursuant to the terms of this User Agreement. The term of User’s access to a Marketplace Product purchased by the User will be governed by the terms presented at the point of purchase, unless and until terminated pursuant to the terms of this User Agreement.

• H.           Suspension and Termination.

  • i.             Suspension for Ongoing Harm. LegacyShield may, with reasonably contemporaneous telephonic or electronic notice to the User, suspend access to LegacyShield Services if LegacyShield reasonably concludes that the User, or anyone using LegacyShield Services with the User’s credentials, is using LegacyShield Services to engage in any of the prohibited activity described in this User Agreement or activity that is causing immediate, material and ongoing harm to LegacyShield or others.

  • ii.            Termination for Cause. In the event of any material breach of this User Agreement by User, LegacyShield may terminate the User’s access to one or more Marketplace Products, and may also terminate User’s MyLegacy Subscription and this User Agreement, by giving five (5) days’ written notice thereof. The right to terminate the User’s access to LegacyShield Services and this User Agreement, except where otherwise expressly stated in this User Agreement, shall not be the exclusive remedy hereunder and shall be in addition to and not in lieu of other relief provided herein, at law and in equity.

  • iii.           Termination by User Request or for Non-Payment. User may terminate a MyLegacy Subscription or any Marketplace Product at any time by submitting a request within the User Account. User’s access to any Marketplace Product may also be terminated for non-payment of the fee for such Marketplace Product. For Marketplace Products, termination by request of the User will be effective at the end of the current billing period, provided that if the termination request is submitted less than 30 days before the end of the current billing period, the termination will be effective at the end of the following billing period.  

  • iv.           Effect of Termination of MyLegacy Subscription. Upon termination of the User’s MyLegacy Subscription or this User Agreement, the User shall have no further rights to continue to access or use the MyLegacy Subscription, the Marketplace Products, and LegacyShield is no longer responsible for disseminating any information or providing any LegacyShield Services or functionality to the User. Upon the termination of User’s MyLegacy Subscription for any reason, all licenses granted hereunder shall automatically terminate, without any further action by LegacyShield, and User shall promptly discontinue all use of the Licensed Materials, remove all references and hyperlinks on its website(s) to the Licensed Materials (if applicable), and otherwise discontinue all use of the Licensed Materials for any purpose whatsoever.

  • v.            Effect of Termination of Marketplace Product. Upon termination of any Marketplace Product, the User shall have no further rights to continue to access or use the Marketplace Product, and the license granted to User hereunder with respect to the specific terminated Marketplace Product shall automatically terminate, without any further action by LegacyShield. User shall promptly discontinue all use of the terminated Marketplace Product, remove all references and hyperlinks on its website(s) to the terminated Marketplace Product (if applicable), and otherwise discontinue all use of the terminated Marketplace Product for any purpose whatsoever. The termination of a Marketplace Product shall not affect or terminate the User’s MyLegacy Subscription.

• I.             Logon Credentials. USERS SHALL NOT SHARE LOGON CREDENTIALS OR ATTEMPT TO ACCESS THE PORTAL WITHOUT PROVIDING VALID LOGON CREDENTIALS SPECIFIC TO SUCH INDIVIDUAL. Users shall maintain the confidentiality and security of logon credentials, and are solely responsible for all use or misuse of User logon credentials. LegacyShield shall not be liable to any User, or to any party claiming by or through User for, and Users shall indemnify defend, and hold harmless LEgacyShield and its directors, officers, employees, and agents from and against any losses resulting from or relating to, User’s failure to MEET its obligations set forth in this paragraph or any unauthorized use or disclosure of information not directly caused by the gross negligence or willful misconduct of LEgacySHield. Any provision of this User Agreement to the contrary notwithstanding, any direction or enforcement by LegacyShield of password parameters or usage described in this paragraph, or any lack thereof, shall not give rise to any liability on the part of LegacyShield, it being the express agreement of the parties that Users shall have sole responsibility for controlling the parameters and usage of passwords by Users.

• J.            Suggestions, Joint Efforts, and Statistical Information. User may suggest, and the parties may discover or create jointly, findings, inventions, improvements, discoveries, or ideas that LegacyShield, at its sole option, may incorporate in the Licensed Materials or in other products or services that may or may not be made available to User. Any such finding, invention, improvement, discovery, or idea, whether or not patentable, that is conceived or reduced to practice during the term of this User Agreement, whether by a party alone or by the parties jointly, arising from or related to this User Agreement or the Licensed Materials shall be and remain the sole property of LegacyShield and may be used and be sold, licensed, or otherwise provided by LegacyShield to third parties, or published or otherwise publicly disclosed, in LegacyShield’s sole discretion without notice, attribution, payment of royalties, or liability to User. User acknowledges and agrees that LegacyShield has and retains exclusive and valid ownership of all statistical information regarding a User’s use of the Application, and metadata in or de-identified versions of User Data, provided that such statistical information, metadata, and de-identified data reasonably cannot be used to identify User, an Enterprise, or any Advisor. User hereby assigns to LegacyShield any and all right, title, and interest, including without limitation copyright and patent rights, in and to any such findings, inventions, improvements, discoveries, ideas, statistical information, metadata, and de-identified data. Unless otherwise expressly agreed in writing, User shall not obtain any right, title, or interest in or to anything created or developed by LegacyShield in connection with or incident to this User Agreement other than the license expressly set forth herein.

• K.           Payment. All purchases of LegacyShield Services, other than purchases made by Enterprises, shall be paid for at the time of purchase, by credit card or any other method that LegacyShield may enable from time to time through the Portal. Except as otherwise provided in this User Agreement or at the time of purchase, all amounts paid for any LegacyShield Service are non-refundable. The User may update credit card information at any time in the User Account.

• L.            Ownership and Use of Data.

  • i.             Data Owned by Provider of Data. Except as explicitly provided in the applicable Enterprise Agreement, as between LegacyShield, the User, and the Enterprise associated with such User’s MyLegacy Subscription, if any, the party that provided data to LegacyShield shall be the owner of the data provided by such party, and LegacyShield shall be the owner of any data provided by any third party that is not a User or the User’s associated Enterprise.

  • ii.            License to User Data. User grants to LegacyShield a non‑exclusive, royalty‑free license during the term of this User Agreement to use User Data for purposes of (i) monitoring, improving, and correcting the performance of the Portal, developing enhancements to the Portal and new products, and other internal business purposes, (ii) compiling statistical information and metadata (including without limitation aggregating User Data with other data) that does not identify User or any Enterprise, and (iii) creating de-identified versions of User Data; provided that all such use shall comply with the Privacy Policy. User represents and warrants that (x) it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority, to grant to LegacyShield during the term of this User Agreement the license set forth in this paragraph and (y) LegacyShield’s use of User Data as provided herein will not infringe any intellectual property or proprietary right or violate any trade secret or otherwise violate any right of a third party. User shall indemnify, defend, and hold harmless LegacyShield and its directors, officers, and employees from and against any loss, cost, or liability (including without limitation reasonable attorney fees and expenses) arising from or relating to a claim of a third party with respect to a breach of the foregoing representations and warranties of User.

  • iii.           Handling of User Data upon Termination or Expiration. Following termination of a MyLegacy Subscription or any Marketplace Product for any reason, following a reasonable period of not less than forty-five (45) days, LegacyShield may delete User Data related to the terminated LegacyShield Service from LegacyShield’s “live” site. During this forty-five (45) day period and upon the User’s request, LegacyShield will permit the User to retrieve User Data related to the terminated LegacyShield Service, provided that the User has paid in full all amounts owed to LegacyShield under the User Agreement. After this forty-five (45) day period, User Data shall be permanently deleted. LegacyShield shall not be liable to User or to any third party for any deletion of User Data, provided that LegacyShield is in compliance with the terms of this User Agreement and the Privacy Policy.

• M.          Copyright Policy.

  • i.             Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

    •       Your physical or electronic signature.

    •       Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

    •       Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

    •       Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

    •       A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

    •       A statement that the information in the written notice is accurate.

    •       A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, and identifying the copyright owner.

    Our designated copyright agent to receive DMCA Notices is:

    COMPLIANCE LEGACYSHIELD SOLULTIONS, INC. 100 EXECUTIVE WAY, SUITE 105 PONTE VEDRA BEACH, FLORIDA 32082 904.712.6250 COMPLIANCE@LEGACYSHIELD.COM

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

  • ii.            Counter-Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

    •       Your physical or electronic signature.

    •       An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

    •       Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

    •       A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

    •       A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

    Our designated agent to receive Counter-Notices is:

    COMPLIANCE LEGACYSHIELD SOLULTIONS, INC. 100 EXECUTIVE WAY, SUITE 105 PONTE VEDRA BEACH, FLORIDA 32082 904.712.6250 COMPLIANCE@LEGACYSHIELD.COM

    The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

  • iii.           Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

6.           Advisor Services.

• A.           Advisor Services. An Advisor who has an active MyLegacy Subscription can view and maintain certain information within the Portal on behalf of the Advisor’s clients. Through the Portal, each Advisor can invite clients to register for a complimentary MyLegacy Subscription. Upon registration, the client, now a Client User, receives a MyLegacy Subscription. The Client User may invite his or her network of authenticators, notifiers, and recipients to register for a complimentary MyLegacy Subscription as well, and if any such person does register for a MyLegacy Subscription, they will be considered a Client User for purposes of this User Agreement. Note that LegacyShield may, at any time, cap or change the number of Client Users that may be associated with an Advisor on the Portal.

• B.           Referral Fees. Advisor, or the Enterprise that provided an Advisor’s MyLegacy Subscription, may be eligible for Referral Fees when an associated Client User purchases Marketplace Products. Referral fees are earned only on the Marketplace Products for which the Client User has actually paid. LegacyShield may change the Referral Fee schedule at any time with or without prior notice, by posting a revised Referral Fee schedule. Any such change will apply to Referral Fees for Marketplace Products purchased after the effective date of such change. If applicable, LegacyShield may pay Referral Fees earned by the Advisor to the Enterprise associated with the Advisor’s MyLegacy Subscription. LegacyShield has no control over, and bears no responsibility for, the amount of the Referral Fee, if any, the Enterprise pays to Advisor. Advisors are not entitled to Referral Fees related to Marketplace Products for which LegacyShield receives payment after the termination of the Advisor’s MyLegacy Subscription.

• C.           Email Communications and Notices. Advisors shall confirm through the User Account the email addresses of the Advisor and associated clients for communication and notice purposes relating to this User Agreement and LegacyShield Services. If the Advisor’s associated clients are located in California, the Advisor covenants that his or her clients have opted in and consented to receive such notices, intending LegacyShield to rely upon such covenant. The Advisor agrees, on his or her own behalf and on behalf of Advisor’s associated clients, to accept emails from LegacyShield at the provided email addresses. LegacyShield may provide notices, statements, and other communications to the Advisor or Advisor’s clients through either email, posting on the Portal (or other electronic transmission) or, for the Advisor, by mail or express delivery service. Advisors expressly direct and authorize LegacyShield to rely and act on all information and instructions provided to LegacyShield by the Advisor via the Advisor’s specified e-mail address or User Account. The Advisor shall promptly communicate to LegacyShield any associated client’s desire to be removed from any e-mail list or other notification contemplated by this Section.

• D.           Restrictions.

  • i.             No Representations Regarding Services Other than Those Contained in Marketing Materials. IN NO EVENT SHALL THE ADVISOR MAKE, OR PERMIT ANY OF ADVISOR’S PERSONNEL, PARTNERS, OR AFFILIATES, TO MAKE, ANY STATEMENTS, REPRESENTATIONS, WARRANTIES, COVENANTS OR ASSURANCES WHATSOEVER REGARDING THE LEGACYSHIELD SERVICES, THIS AGREEMENT, OR LEGACYSHIELD ITSELF OTHER THAN THOSE EXPRESSLY STATED IN THE THEN-CURRENT MARKETING MATERIALS PROVIDED BY LEGACYSHIELD.

  • ii.            No Employment or Agency Relationship. The Advisor is a customer of LegacyShield, and nothing in this User Agreement shall create or be construed to create the relationship of employer and employee, or any agency relationship, between LegacyShield and the Advisor. To the extent that the Advisor receives any payment from LegacyShield resulting from Advisor’s relationship with LegacyShield, the Advisor is an independent contractor of LegacyShield, and shall not be considered an employee or agent of LegacyShield. The Advisor shall, at his or her sole discretion, select the persons to whom Advisor will promote the LegacyShield Services, as well as the time, manner and place of such promotion. This User Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties.

PRIVACY POLICY

Last updated: April 2, 2019

By using one or more of the LegacyShield Services, as defined below, you agree to be bound by this Privacy Policy ("Privacy Policy" or "Policy"), as well as the User Agreement and any other policies posted by LegacyShield from time to time. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.

It is your responsibility to review this Policy periodically. If, at any time, you find the terms of this Policy unacceptable, please stop using all LegacyShield Services (defined below), and cancel your User Account. We may revise this Policy at any time. If you have any questions, please contact us at support@legacyshield.com.

1.           Certain Definitions.

• A.           "Affiliate" means an entity that controls, is controlled by, or is under common control with an Enterprise, where "control" means possession, directly or indirectly, of a majority of an entity’s voting interests.

• B.           "LegacyShield Services" means the Portal, the User Account, all products and services provided by LegacyShield on the Portal, Marketplace Products, and any other products or services LegacyShield provides or makes available to Users through the Portal.

• C.           "Marketplace Products" means products and services available for purchase from the marketplace within the Portal.

• D.           "Personal Information" means information by which a User may be personally identified. Personal Information does not include data where the User’s identity has been removed (anonymous data).

• E.            "Portal" means the LegacyShield website at www.legacyshield.com and the User Account functionality which allows access to the LegacyShield Services, together with any associated database structures and queries, interfaces, tools, and the like that may be provided by LegacyShield to User, together with any and all revisions, modifications, and updates thereof.

• F.            "Sensitive Personal Information" means Personal Information relating to racial origin, ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health, sex life, sexual orientation, genetic or biometric information.

• G.           "User" means any Advisor, Client User or Client-Invited User.

• H.           "User Account" refers to a User’s unique, password-protected account on the Portal.

• I.             Other Capitalized terms have the definitions ascribed to them in the User Agreement.

2.           Purpose of Policy. LegacyShield respects your privacy and is committed to protecting it through its compliance with this Policy. We want Users (or "you") to feel safe using our Portal. LegacyShield will not sell, license, or transfer Personal Information we gather from you outside of LegacyShield or its Affiliates, except as directed by you, as necessary to provide you with information, services or products that we offer independently or jointly with others, or as otherwise described in this Policy. This Policy describes LegacyShield’s practices for collecting, using, maintaining, protecting, and disclosing that information. This Policy also covers LegacyShield’s processing activities as a data controller, for Users whose Personal Information is governed by GDPR.

3.           Changes to Our Privacy Policy. It is our practice to post any changes we make to our Privacy Policy on this page with a prominent notice that the Privacy Policy has been updated on the Portal’s home page contemporaneously with the change becoming effective. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and Portal and reviewing this Privacy Policy to check for any changes, as they are binding on you. Your continued use of any LegacyShield Service is subject to the Privacy Policy, as revised.

4.           Consent to Collection and Use/Processing of Data. BY SETTING UP A USER ACCOUNT, OR ACCESSING OR USING ANY LEGACYSHIELD SERVICE, YOU CONSENT TO LEGACYSHIELD’S COLLECTION, USE AND PROCESSING OF YOUR USER DATA, WHICH MAY INCLUDE PERSONAL INFORMATION, PURSUANT TO THE TERMS OF THIS USER AGREEMENT AND POLICY.

• A.           Consent for Users located outside of the United States (including but not limited to Canada and the European Union): In order to access and use any LegacyShield Service, Users outside of the United States (including but not limited to Canada and the European Union) must agree to the following, in addition to the general consent provided above:

  • i.             User hereby consents to LegacyShield’s processing of User’s Personal Information, including sensitive information, as described in this Policy. This data may include: data relating to User’s racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, sex life and sexual orientation, or data concerning User’s health. User understands that he or she may have certain rights regarding the processing of User’s Personal Information, as described in this Policy, including the right to withdraw this consent at any time. User also consents to transferring User’s Personal Information, including sensitive information, to the United States of America, and understands that by providing Personal Information to LegacyShield, the User has transferred the Personal Information to the United States of America.

• B.           Withdrawal of Consent. You may withdraw consent at any time and free of charge, but your withdrawal does not affect the lawfulness of processing based on consent before you withdrew it. You can update your details and change your privacy preferences by contacting us as provided in the "Data Protection Contact" section in this Policy. It is important to note that if you withdraw your consent to our processing of your Personal Information, you may not be able to continue using one or more LegacyShield Services.

5.           Applicability of Policy.

• A.           This Policy applies to information that is collected from:

  • i.             our Portal, when information is provided directly from you, or from another party associated with you;

  • ii.            email, text, and other electronic messages between you and LegacyShield through the Portal; and

  • iii.           your navigation through our website or Portal, or your interaction with our applications on third-party websites.

• B.           It does not apply to information collected by:

  • i.             LegacyShield offline or through any other means, including on any other website operated by us or any third party (including our Affiliates); or

  • ii.            any third party (including our Affiliates), including through any application or content (including advertising) that may link to or be accessible from or on the Portal.

6.           Data Protection Contact. Under current data protection laws, LegacyShield is not required to appoint a Data Protection Officer as set forth in the General Data Protection Regulation ((EU) 2016/679 ("GDPR"). However, we have appointed a Data Protection Contact who you may contact with questions in relation to this Privacy Policy.

If you have any questions about our Privacy Policy or your Personal Information, or you wish to exercise any rights described in this policy or pursuant to data protection laws, contact:

COMPLIANCE
LEGACYSHIELD SOLULTIONS, INC.
100 EXECUTIVE WAY, SUITE 105
PONTE VEDRA BEACH, FLORIDA 32082
904.712.6250
COMPLIANCE@LEGACYSHIELD.COM

7.           No Use by Quebec Residents. At this time, the Portal is not intended for use by Quebec residents.

8.           Children Under the Age of 13. Personal Information of a child under 13 may be provided to us or stored on our Portal with the verifiable consent of the legal parent or guardian of that child. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13 without parental consent, please contact us at support@legacyshield.com.

9.           Adherence to GDPR. LegacyShield adheres to the following guidelines, required by GDPR, while processing your data:

• A.           Lawfulness, fairness and transparency. Data is processed lawfully, fairly, and in a transparent fashion.

• B.           Purpose limitation. Data is collected for specified, explicit, and legitimate purposes.

• C.           Data minimization. Data collected on a subject should be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

• D.           Accuracy. Data is accurate and, where necessary, kept up to date.

• E.            Storage limitations. Data is kept in a form which permits identification of data subjects for no longer than necessary.

• F.            Integrity and confidentiality. Data is processed in a manner that provides appropriate security of the Personal Information, including reasonable protection against unlawful processing or accidental loss, destruction or damage.

• G.           Accountability. LegacyShield’s policies and practices demonstrate compliance with GDPR principles.

10.         Information We Collect About You and How We Collect It. Personal Information, for purposes of this Policy, is information that can be used to identify you either directly or indirectly. Personal Information does not include data where the identity has been removed (anonymous data). If we combine or connect data that does not directly or indirectly identify you with Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Policy. You are required to provide Personal Information in certain areas of the Portal, and to purchase, access and use certain LegacyShield Services. In other circumstances, you may have a choice as to whether you provide us with Personal Information.

• A.           How We Collect Data:

  • i.             We collect information:

    • a.            directly from you when you provide it to us;

    • b.           from the Enterprise, Advisor, or other Users associated with your User Account or Subscription, when they provide it to us;

    • c.            automatically as you navigate through the Portal. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and

    • d.           from third parties, for example, our business partners.

• B.           What We Collect:

  • i.             We collect and store information from and about Users, including Personal Information, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline.

  • ii.            We also collect information that is about you, such as usage history from the Portal, information about your computer and internet connection, including your IP address, operating system, and browser type, and information regarding the content you view and features you access on the Portal.

  • iii.           We collect information that you submit to us in a form, such as when you Subscribe to our service, set up your User Account, purchase or use any LegacyShield Service, submit instructions to us regarding your User Account, enter a contest or promotion sponsored by LegacyShield, post material in the Portal, search for information on our Portal or website, interact with our personnel, or report a problem with the Portal or a LegacyShield Service.

  • iv.           We do not, as a standard practice, attempt to collect Sensitive Personal Information or data through our Portal, except as is necessary or appropriate to enable us to provide the LegacyShield Services. Note that due to the nature of some LegacyShield Services, it may be appropriate or necessary for the User to provide, and LegacyShield to collect and process, Sensitive Personal Information. In the event that you submit or upload to us any Sensitive Personal Information, you are thereby consenting to our proposed use of that information. In most circumstances, when the User submits Sensitive Personal Information, the information is encrypted and cannot be accessed by LegacyShield, but can only be accessed by the User and any individuals to whom the User has granted access to such information.

  • v.            We collect anonymous details of your visits to our Portal that do not identify you directly or indirectly, including statistical information such as traffic data, location data, logs, and other communication data concerning how you use our Portal and information linked to a cookie identifier or other identifier not paired in our system with your identifiable information or data, including your name, phone number, or email address.

  • vi.           We may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). At this time, the Portal is not able to honor web browser do-not-track settings or other similar mechanisms.

11.         User Contributions. You may provide information, including Personal Information and Sensitive Personal Information, to be published or displayed (hereinafter, "posted") on public areas of the Portal, or transmitted to other users of the Portal or third-parties (collectively, "User Contributions"). Your User Contributions are posted and transmitted to others at your own risk. Although we limit access to certain pages, you may set certain privacy settings for such information by logging into your account profile. Please be aware that no security measures are perfect. Additionally, we cannot control the actions of other users of the Portal or third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

12.         Other Websites. The Portal may contain links that connect you to and from websites of third parties including advertisers and other Affiliates. If you click on or follow the links to any of those websites, please note that those parties’ websites have their own privacy policies. LegacyShield disclaims any liability or responsibility for those websites’ privacy policies or data collection practices. Please review the content of those policies before you submit Personal Information to those websites.

13.         Third Parties. Our third-party service providers may collect from our Portal your Personal Information or information that does not identify you. We require each third party with which we contract to assist in administering a product or service to agree in writing to abide by all applicable laws with respect to the privacy and protection of your Personal Information.

14.         How We Use Your Personal Information. We only use Users’ Personal Information when allowed by this Policy or applicable law. Please note that we may process your Personal Information without your knowledge or consent, where this is required or permitted by law.

• A.           Use of Personal Information When Governed By GDPR. For Users located in the European Union, the purposes and activities for which LegacyShield will use your Personal Information or data, and the legal basis for which we carry out each type of processing, are as follows:

  Purpose/activity for which LegacyShield will process Personal Information	Lawful basis for processing including basis of legitimate interest
  To enable you to access information on and register for our Portal	It is in our and your legitimate interest to provide services to you and register you on our Portal at your request.
  To manage our relationship with you, which will include, but not be limited to: (a) notifying you about changes to our User Agreement terms or Privacy Policy; (b) asking you to leave a review or take a survey; (c) enforcing the terms of our User Agreement or other agreements between us; (d) enforcing the terms of this Privacy Policy; (e) enforcing the terms of any contract entered into with you; and (f) understanding your preferences, usage patterns, and concerns regarding our services.	It is in our legitimate interests to: (a) perform pursuant to the terms of a contract with You; (b) and (f) keep our records updated, to study how customers use our products/services, and to improve the user experience; and (c)-(e) to comply with a legal obligation and enforce Our rights under contract(s) with You.
  To send you newsletters, e-announcements, and other communications concerning LegacyShield.	It is in our legitimate interests to promote our services to existing users, and to keep users apprised of changes and news regarding our services.
  To administer, protect, and improve our business and services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).	It is in our legitimate interests to improve and police our site and services to ensure the security of information transmitted on this Portal and to run our business effectively. This monitoring may also be necessary to comply with a legal obligation.
  To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).
  To use data analytics to improve our website, products, services, marketing, customer relationships and experiences.	Necessary for our legitimate interests to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy.
  To make suggestions and recommendations to you about goods or services that may be of interest to you. To assist law enforcement or other regulatory bodies or legal process in any investigations relating to suspected illegal or wrongful activity, and to protect our rights, property, and safety, or the rights, property, and safety of third parties.	Necessary for our legitimate interests (to develop our products/services and grow our business). It is in our legitimate interests to cooperate in any investigations relating to illegal or wrongful activity and to protect our rights or the rights and remedies of third parties.
  To enable you to store and share information, including Sensitive Personal Information, with others.	Necessary for your use of the LegacyShield Services, as this is an important feature of the LegacyShield Services

•  

  B.           Change Of Purpose. We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to receive an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

  If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. 

• C.           Marketing. You may receive marketing materials or communications from us if you have requested information from us or registered to use the Portal or other LegacyShield Services and, in each case, where you have not opted out of receiving that marketing. You have the right to opt out of receiving marketing communications at any time by contacting us pursuant to the "Data Protection Contact" section set forth above.

• D.           Disclosure of Your Information.  We only share your Personal Information as provided in this Policy, or as directed by you, and to the extent allowed by law.

  • i.             We may, but are not obligated to, share your Personal Information with the following third parties:

    • a.            To our Affiliates to carry out the purposes for which the information was provided;

    • b.           To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;

    • c.            To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of LegacyShield’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by LegacyShield about Users is among the assets transferred.

  • ii.            Additionally, LegacyShield may disclose information about you:

    • a.            To comply with any court order, law, or legal process, including to respond to any government or regulatory request, which may or may not include your jurisdiction of residence;

    • b.           To enforce the terms of this Privacy Policy or the User Agreement or to exercise or defend our rights in any legal process;

    • c.            If necessary to protect the interests of a third party.

  • iii.           We may disclose aggregated information about our Users, and information that is not Personal Information, without restriction.

15.         International Transfers for Users in the EEA and Canada. If you are located in the European Economic Area ("EEA") or Canada:

• A.           To deliver services and products to you, you or we must transfer your Personal Information outside of the EEA or Canada to our affiliated firms and our third-party service providers located in the USA.

• B.           To obtain further information on the specific mechanism used by us when transferring your Personal Information out of the EEA or Canada, please contact us using the details set out above.

16.         Cookies And Analytics. The data collection technologies we use may include, but are not necessarily limited to, the following:

• A.           Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Portal. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Portal.

• B.           Flash Cookies. Certain features of our Portal may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Portal. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see the section entitled "Choices Regarding How We Use and Disclose Your Information."

• C.           Web Beacons. Pages of the Portal and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Site statistics (for example, recording the popularity of certain content on the Sites and verifying system and server integrity).

17.         Choices Regarding How We Use and Disclose Your Information.  We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

• A.           Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when Cookies are being sent. To learn how you can manage your "Flash Cookies" settings, visit the Flash Player settings page on Adobe’s website. If you disable or refuse Cookies, please note that some parts of this site may then be inaccessible or not function properly.

• B.           Promotional Offers from the Company. If you do not wish to have your email address or contact information used by us to promote our own or third parties’ products or services, you can opt-out by using the "unsubscribe" link in our emails, emailing support@legacyshield.com, or if we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

• C.           Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email stating your request to marketing@legacyshield.com.

• D.           General Opt-Out for Ads. You can opt out of the behavioral targeting component of online ads by consulting the Digital Advertising Alliance at http://www.aboutads.info/choices/ or the Network Advertising Initiative ("NAI") at http://www.networkadvertising.org/choices/. If you delete your cookies, though, you must opt-out again through the Digital Advertising Alliance of Network Advertising Initiative after your cookie deletion.

18.         Accessing and Correcting Your Information

• A.           For all users of the Portal, you may send us an email at the email address listed in the "Data Privacy Contact" section of this document to request access to, correct, or delete any Personal Information that you have provided to us, or any other information relating to you. 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. Absent our receipt of written notice from you making a request described in this section, which you are responsible for verifying that we received, we are not under any obligation to update or change any Personal Information that is out of date or inaccurate, or any other information relating to you or your profile, and disclaim any liability, to the fullest extent allowed by law, for failing to do so.

• B.           If you request that we delete your Personal Information, you may not be able to access or use certain LegacyShield Services.

19.         Data Security. We have implemented physical, technical, and organizational security measures designed to protect your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

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 Portal, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We attempt to ensure that any third-party vendors that process Personal Information put adequate security measures in place to ensure the security of your Personal Information.

20.         How Long We Retain Your Personal Data. We will retain your Personal Information only as long as reasonably necessary to fulfill the purposes for which it was collected, including for the purpose of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Information longer in the event of a complaint.

21.         Gramm-Leach-Bliley Act ("GLBA").

• A.           This GLBA Privacy Notice is provided to help you better understand how we obtain, use, share, and protect your non-public personal financial information even after our customer relationship with you has ended. We may obtain your name, address, phone number, social security number, date and place of birth, age, sex, and other demographic information. Depending on the product or service in which you are enrolled, we may also obtain your occupation, salary, billing preferences, beneficiary information, and work history.

• B.           We obtain non-public personal financial information about you from:

  • i.             you, on your application for insurance or other service;

  • ii.            you, concerning your transactions with us and other companies; and

  • iii.           other third parties within and outside our family of Affiliates, depending on the product or service in which you are enrolled.

• C.           We use your non-public personal financial information to perform transactions and functions necessary to implement and administer the product or service in which you are enrolled. These functions include enrollment, payment processing, and other similar activities. We also use your non-public personal financial information to determine if you might be interested in any of our other products or services.

• D.           We may share any of your non-public personal financial information we obtain with our Affiliates as well as non-Affiliates as necessary to provide our products and services to you or as required by law. For example, we may share such information with companies and individuals with whom we contract to assist with administration of the product or service in which you are enrolled. Those companies and individuals may help us with our communications to you, manage your information, collect delinquent accounts, conduct satisfaction surveys, or perform other activities. We require each unaffiliated third party with whom we contract to assist in administering a product or service to agree in writing to abide by the same privacy standards we do.

• E.            We maintain physical, electronic, and procedural safeguards to protect your non-public personal financial information. We use and share your non-public personal financial information to the extent minimally necessary to administer the products and services in which you are enrolled. We restrict our employees' access to your non-public personal financial information to those employees who need to know the information to administer the product or service in which you are enrolled

22.         Health Insurance Portability and Accountability Act ("HIPAA"). We are committed to protecting the privacy and confidentiality of your personal health information. In those instances where the Health Insurance Portability and Accountability Act of 1996, as amended, applies to our handling of your personal health information, we comply with federal laws and meet required standards for securing that information.

23.         Your California Privacy Rights. California Civil Code Section § 1798.83 permits Users of our Portal that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email or write us at the address provided in the Data Protection Contact section of this Policy.

24.         Data Rights For EU and Canada Users. Users located in the European Union or Canada have the following rights:

• A.           Request Access To Your Personal Data. You have the right to access your Personal Information. You may do so in your User Account, or by contacting us as set forth in the Data Protection Contact section of this Policy. You may also have the right to receive Personal Information you provided to us in a commonly used and structured format in order for it to be transferred to another data controller. This right applies if your Personal Information is processed by us with your consent. It also applies for the performance of a contract and when processing is carried out by automated means.

• B.           Request Correction Of Your Personal Data. You may ask us to correct or remove any data that is inaccurate by contacting us as provided in the "Data Protection Contact" section of this Policy. Please keep us informed if your Personal Information changes during your relationship with us.

• C.           Request Erasure Of Your Personal Data. In certain circumstances, you may request the erasure of your Personal Information, which is referred to as the right to be forgotten. Note that erasure of your Personal Information may make it impossible for you to access or use one or more LegacyShield Services.

• D.           Object To Processing Of Your Personal Data. You may object to processing your Personal Information for direct marketing purposes. You also have the right to object at any time to processing of your Personal Information which is based on our legitimate interests, pursuant to grounds relating to your particular situation. If you object on this ground, we shall no longer process your Personal Information unless we can demonstrate compelling legitimate grounds for such processing, and those grounds override your interests, rights, and freedoms; or, to establish, exercise, or defend legal claims. Note that our inability to process your Personal Information may make it impossible for you to access or use one or more LegacyShield Services.

• E.            Request Restriction Of Processing Your Personal Data. You may restrict the processing of your Personal Information to processing in certain circumstances. Note that our inability to process your Personal Information may make it impossible for you to access or use one or more LegacyShield Services.

• F.            Request Transfer Of Your Personal Data. You may request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.

• G.           Withdraw Consent. You have the right to withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

• H.           Not Be Subject To Profiling Or Automated Decision-making. You have the right not to be subject to a decision based solely on automated data processing, including profiling, where the decision has a legal or other significant effect, subject to certain exceptions.

• I.             What We May Need From You. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

• J.            How To Exercise These Rights. You can exercise any of your rights as described in this Privacy Policy and under applicable data protection laws by contacting us as provided in the "Data Protection Contact" section above. Except as described in this Privacy Policy or provided under data protection laws, there is no charge for the exercise of your legal rights. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or taking the action requested; or (b) refuse to act on the request.

25.         Complaints. To ask questions, concerns, or complaints about this Privacy Policy and our privacy practices, please send us an email, writing "Privacy Policy" in the subject line, to the address indicated in the "Data Protection Contact" section of this Policy. If you are in located in the EEA or Canada, you also have the right to complain to the relevant supervisory authority in the EEA or Canada.