Thank you for visiting www.replyassist.com, and all of their subdomains and aliases (collectively, the “Website” or “Site”) or utilizing a ReplyAssist subscription service (“Services”). This Website is owned and operated ReplyAssist, Inc. (referred to herein as “ReplyAssist”, “we”, “us”, “our” and “ours”). The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us. Unless otherwise indicated, the terms “you”, “your” and “yours” when used in these Terms of Use means any user or visitor to the Website or the Services.

Please read these Terms of Use carefully. Your access to and use of this Website and any of the information, materials, data, demos, blogs, products, services and other materials made available on or through this Website (collectively, “Materials”) or the Services are subject to all applicable laws, rules and regulations and to the terms and conditions set forth in these Terms of Use.

By accessing or using this Website or the Services, you agree to be bound by these Terms of Use and our this Privacy Policy. If you are accessing or using this Website or the Services on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. In addition, when accessing the Website or the Services you shall be subject to any posted guidelines or rules applicable to the Website or the Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. If you do not wish to be bound by these Terms of Use, please exit this Website and cease use of all Materials or the Services, as you are not permitted to access or use this Website or other such Materials or Services.

The Services, Website and Materials may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes, or as otherwise restricted by this Terms of Use. ReplyAssist’s direct competitors are prohibited from accessing or using any portion of the Services, Website or Materials including, without limitation, downloading or accessing whitepapers, accessing free or paid accounts, signing up or participating in demos, webcasts, or accessing other Materials intended for prospects, customers or partners of ReplyAssist. You are prohibited from accessing the Services, Website or any Materials under false pretenses. You are prohibited from falsifying or concealing your identity in your use and access of the Services, Website or of any Materials.

YOUR ACCESS TO THE SERVICES OR THIS WEBSITE (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES OR REGULATIONS.

Privacy Policy
All information we collect on the Website or within the Services is subject to our Privacy Policy. By using the Services, the Website, or any Materials, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Changes to the Terms of Use
These Terms of Use may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Use will be effective upon posting on the Website or within the Services. You should always review these Terms of Use prior to your access or use of the Services, Website, or Materials to ensure that you understand the current Terms of Use that apply to your access or use thereof. Your continued use of the Services, Website, or Materials following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you cannot access these Terms of Use via the Internet, we can provide a copy of the Terms of Use then in effect by email, upon request.

Product & Services Information
All references on the Website to information, materials, products and/or services apply to information, materials, products and services available in the countries or jurisdictions specified only with respect to such information, materials, products and/or services only, unless otherwise stated.

Eligibility
The Services, Website, and any Materials are offered and available only to users who are of the legal age of consent as defined by applicable law (i.e. 18 years of age or older in the United States). Neither the Services nor the Website is not intended for use with minors (as defined by applicable law). By using the Services, the Website, or the Materials, you represent and warrant that you are of legal age to form a binding contract with the us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services, Website, or Materials.

Making an Account

If you elect to make an account with us for a subscription, you must complete the registration process and will be subject to additional terms and conditions for such subscription.  You will choose a username and password and you are entirely responsible for maintaining the confidentiality of your username and password and preventing unauthorized access to your subscription.  You are entirely responsible for all activities that occur under your account and we are not liable for any loss that may incur as a result of someone else using your account.  

Ownership and Permitted Use of Materials
Unless otherwise indicated, ReplyAssist owns all rights, title, and interest in the Services and the Website, including without limitation the underlying source code, algorithms, design, text, content, files, selection and arrangement of elements, organization, graphics, compilation, translations, digital conversion and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all Materials provided on or through the Services or Website are protected by all applicable copyright laws, trademark laws and/or international conventions and treaties. All Materials are the exclusive and proprietary property of ReplyAssist and/or its third-party licensors. ALL RIGHTS RESERVED.

The posting, display or other provision of any Materials on the Services or the Website shall not constitute a waiver of any right or interest of ReplyAssist and/or its third-party licensors in such Materials. Except as expressly provided herein, nothing contained in these Terms of Use, the Services, or the Website shall be construed as conferring by implication, estoppel or otherwise any license, interest or right in or to the Materials under any copyright, trademark or proprietary rights of ReplyAssist or of any third party. Further, except as otherwise provided herein, no Materials (or portions thereof) may be used, copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, broadcasted, imitated, adapted, translated, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled or incorporated into compilations or used in the creation of derivative works, without our express prior written permission or that of the respective third-party owner.

Subject to your compliance with the foregoing, permission is hereby granted to you to the extent necessary for you to lawfully: (a) access the Services, the Website, and/or Materials made available by ReplyAssist; and (b) display, download, archive and print in hard copy portions of the Services or the Website for your personal or internal business, non-commercial and informational use only.

Prohibited Uses
You agree not to: (a) to modify the Materials (or any portion thereof), (b) use the Services, the Website, or the Materials in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, offensive, hateful, objectionable, constitutes or encourages a criminal offense, violates the rights of another (including, without limitation, any copyright, trademark, patent, trade secret, privacy, moral or publicity rights or other intellectual property or proprietary rights of others), or otherwise violates or conflicts with these Terms of Use or any applicable law; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (d) to interfere, disrupt or attempt to gain unauthorized access to the Materials, other ReplyAssist accounts, any restricted portions of the Website or any computer network or equipment; (e) use any manual or automated software, devices or other processes to “crawl” or “spider” any webpages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract any Materials or other data from the Website); (f) frame or otherwise simulate the appearance or functions of the Services or the Website (or any portion thereof); and/or (g) remove or alter any copyright, trademark and other proprietary notices and legends contained in the Materials or the Services or on the Website (and any printouts thereof).

The foregoing permission is for the sole purpose of enabling you to use the Services Website and enjoy the benefit of the Materials in the manner permitted by these Terms of Use. We may modify the Materials from time to time and you are solely responsible for ensuring that you are using current and permitted Materials only. The foregoing permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any and all downloaded, archived or printed copies of the Materials and, if requested by us, certify to us in writing that you have complied with the foregoing.

Violations
ReplyAssist has the right, in its sole discretion, to terminate your use and access, or the use and access of any Authorized User, of the Services, the Website and any Materials in any and all appropriate circumstances, such as your violation of these Terms of Use.

Disclaimer of Endorsement
Any references to business or entities, products, processes, or services, or other organizations or individuals that are included in the Services or on the Website by trade name, trademark or otherwise are provided solely for your information. These references are not intended to reflect the opinions of ReplyAssist concerning the significance, priority or importance to be given the referenced business, entity, product, service, organization or individual. Such references, including any that may relate to our Materials, are not endorsements or approvals by ReplyAssist, and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval by ReplyAssist. ReplyAssist does not endorse or update statements on third party websites. Furthermore, ReplyAssist is not responsible for content provided by third party websites, including those to which you may be redirected.  

LinkedIn is a registered trademark of LinkedIn Corporation (“LinkedIn”). ReplyAssist is not in any way affiliated with Linked In and neither the Website nor the Services are endorsed, administered, or sponsored by LinkedIn.

User-Generated Content
You may from time to time be permitted to post content on the Services or the Website, submit emails, or otherwise provide content to us in connection with your use of the Website or Materials (“User-Generated Content”). Any communication or material you post or transmit to us over the Internet is and will be treated as non-confidential and non-proprietary and is and will be solely your responsibility. This does not include User-Generated Content collected by us or provided to us by way of our paid products and services that are governed by the subscription agreement. Upon the transmission of any User-Generated Content to us, you expressly and hereby grant us a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable and non-exclusive permission to reproduce, display, publish, modify, distribute, disseminate and/or otherwise use or exploit such content for any lawful purpose, without compensation, notice or obligation to you, subject to our Privacy Policy. We are not required to use or return any User-Generated Content submitted to us. You represent and warrant that you own or otherwise control all rights, including, but not limited to, copyrights, in and to any such User-Generated Content, that all moral rights in and to any such User-Generated Content have been waived, and that the use of such User-Generated Content as permitted hereunder does not and will not infringe or violate the rights of any third party. All derivative works or other developments arising from or based on User-Generated Content, if created by us, shall be our exclusive property.

The posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you by or through the Services or the Website.

We reserve the right to monitor your communications with us whether by mail, voice, fax, email or any other form of transmission for the purposes of quality control, security and other business needs.

Feedback
You may provide us with suggestions, comments or other feedback (collectively, “Feedback”) with respect to our products, services, content, this website, or other materials. Feedback is voluntary. We are not obligated to hold it in confidence. We own all Feedback and may use Feedback for any purpose without obligation of any kind. To the extent a license is required to make use of any intellectual property in any such Feedback, you hereby grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use the Feedback in connection with ReplyAssist’s business, including the enhancement of our products, services, content, this website, or other materials.

Statements on Website
The documents contained on (or directly accessible from) the Services or the Website may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including, without limitation, statements to the effect that ReplyAssist or its management “believes,” “expects,” “anticipates” “plans” and other similar expressions) should be considered forward-looking statements and should not be relied upon. There are a number of important factors that could cause ReplyAssist’s actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, our continued ability to develop and introduce products, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected software errors or bugs, our ability to control costs and other risk factors. ReplyAssist has no obligation to update or alter forward-looking statements.

ReplyAssist is not responsible for the content accessible via this Website, or any website with which it is linked, including the accuracy, completeness or reliability of historical data.

No Warranties for Website or Materials
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR OWN RISK.  WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR THE MATERIALS, WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, THE MATERIALS AND ANY WEBSITE WITH WHICH THIS WEBSITE IS LINKED. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING, MAINTAINING AND ENSURING THE COMPATIBILITY OF ALL HARDWARE, SOFTWARE AND OTHER COMPUTER REQUIREMENTS NECESSARY FOR YOUR ACCESS TO AND USE OF THE WEBSITE AND THE MATERIALS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER (A) THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT, (B) USE OF THE WEBSITE AND ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THE WEBSITE AND THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME, OR (D) THE WEBSITE AND THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY THIRD-PARTY LICENSOR WILL BE LIABLE WITH RESPECT TO ANY DECISIONS MADE BY YOU OR ANY OTHER PERSON AS A RESULT OF RELIANCE ON THE WEBSITE OR ANY MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Your use of the Website and the Materials is at your sole risk. It is your responsibility to evaluate (or consider seeking professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, THIRD-PARTY LICENSORS, SUPPLIERS, AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSSES AND/OR EXPENSES OF WHATEVER NATURE, HOWSOEVER ARISING AND REGARDLESS OF THE LEGAL THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF OR INABILITY TO USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXPENSES OR LOSSES AND EVEN IF AN EXCLUSIVE REMEDY PROVIDED FOR HEREIN FAILS OF ITS ESSENTIAL PURPOSE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE MATERIALS OR ANY WEBSITE WITH WHICH THIS WEBSITE IS LINKED. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEBSITE AND MATERIALS AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REPLYASSIST’S OR ANY THIRD-PARTY LICENSOR’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED IN THE AGGREGATE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR MATERIALS.

Warranties and Liability Exclusions for Services.  THE TERMS OF ANY WARRANTY AND LIABILITY ARE SET OUT IN THE TERMS AND CONDITIONS ASSOCIATED WITH THE SERVICES.  IF NO TERMS AND CONDITIONS ARE AGREED UPON BY THE PARTIES, ALL OF THE FOREGOING APPLY TO THE SERVICES.

Indemnity and Release
You agree to defend, indemnify, release and hold us harmless as well as our shareholders, officers, directors, agents, representatives, employees and third-party licensors from any and all claims, liabilities, losses, expenses or demands, including reasonable legal fees, based on, arising from, or otherwise related to: (a) your breach or violation of these Terms of Use; (b) your access or use of this Website or any of the information, materials, products or services made available on or through this Website; (c) any infringement or misappropriation by you of any intellectual property or other rights of ReplyAssist or any third party; or (d) any negligence or willful misconduct by you.

Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Website (or any portion thereof) and/or the information, materials, products and/or services made available on or through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Termination and Survival

These Terms of Use will remain in effect until terminated by you or us. You may terminate these Terms of Use at any time by ceasing your use and access of the Website and Materials and by destroying all materials that you have saved, printed or downloaded from the Website. Notwithstanding any of the terms and conditions contained herein, we reserve the right, without notice and at our sole discretion, to terminate your permission to use the Website, and to block or prevent future access to and use of the Website and Materials. The provisions of these Terms of Use that by their nature and content are intended to survive the expiration or termination of these Terms of Use will survive such termination or expiration.

Entire Understanding
These Terms of Use contain the entire understanding between you and us with respect to this Website and your use and access hereof and supersedes all representations, statements, inducements, understandings, arrangements and agreements, oral or written, between you and us relating thereto unless otherwise signed in writing by authorized representatives of the parties, provided should there be a conflict between these Terms of Use and any written agreement between you and ReplyAssist related to your use of the Website, the terms of such written agreement shall control. Should any part of these Terms of Use for any reason be declared invalid, void or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portions and such remaining portions shall remain and continue in full force and effect to the maximum extent permitted by law. Our failure to enforce any provision of these Terms of Use shall not operate as or be deemed a waiver by us of any other breach of any such provision or any other provision herein or of the right to enforce such provision(s).

Trade Compliance Restrictions
The sale, resale or other disposition of ReplyAssist’s products and any related technology or documentation are subject to various economic sanctions, export control laws, and other restrictive trade measures administered by the U.S. other applicable governments. Because these laws can have extraterritorial effect, you agree that you will comply with all such measures where applicable including, without limitation, (1) the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420) and the Export Administration Regulations, 15 C.F.R. §§ 730-774 (“EAR”); (2) the Arms Export Control Act, 22 U.S.C. § 2778, and the corresponding International Traffic in Arms Regulations (“ITAR”); (2) the economic sanctions laws and regulations enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), 31 C.F.R. Part 500 et seq., and the U.S. Department of State; and (iv) the anti-boycott regulations, guidelines, and reporting requirements under the Export Administration Regulations and Section 999 of the Internal Revenue Service Code. You understand and acknowledge that you are solely responsible for complying with such laws whenever applicable. You further understand and acknowledge that you shall not directly or indirectly export, import, sell, disclose, or otherwise transfer any ReplyAssist products or any related technology or documentation to any country or party subject to such restrictions, and that it is solely responsible for obtaining any license(s) to export, re-export or import that may be required.

Applicable Law & Jurisdiction
While ReplyAssist provides global products and services, our operations are located in Illinois with AWS & Firebase data centers geographically spread worldwide, and these Terms of Use are based on United States law. Access to, or use of, this Website or any information, materials, products and/or services made available on or through this Website may be prohibited by law in certain countries or jurisdictions. You are solely responsible for ensuring compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that these Terms of Use are made and partially performed in the State of Illinois, and that the state and district courts located within or closest to Cook County, Illinois, without giving effect to any principles of conflicts of law, shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to your access and use of this Website, and that the laws of the State of Illinois shall govern such dispute or claim. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purposes of litigating any such action and waive any defenses of lack of minimum contacts or forum non conveniens. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use may be taking place or originating.

The rights and remedies provided by these Terms of Use are cumulative and the use of any right or remedy by us shall not preclude or waive our rights to use any or all other remedies.

Contacting Us
If you have any questions regarding these Terms of Use or any other matter, you may contact us in by writing to us at ReplyAssist Inc.  or by emailing [email protected]. All notices pertaining to contractual or legal matters (i.e. breach of contract, termination, indemnifiable claims, etc.) must clearly be identified and marked as Legal Notices.

Any rights not expressly granted herein are reserved.

Privacy Policy

Effective Date: November 14th, 2023

Contents

1. Scope
2. Personal Information We Collect
3. Why We Collect Your Personal Information
4. Aggregated and De-Identified Information
5. Sharing Personal Information
6. Security of Personal Information
7. International Transfers of Personal Information
8. Accessing or Updating Your Personal Information
9. Retention of Personal Information
10. Children
11. Special Notice for Individuals in certain States in the US
12. Special Notice for Individuals in the EEA, UK and Switzerland
13. Updates
14. How to Contact Us

1. Scope

ReplyAssist, Inc. and its affiliate companies (“ReplyAssist,” “we,” “us,” or “our”) are committed to protecting your privacy.

This Privacy Policy informs you how we collect, use, secure and share your personal information collected by us when you visit our Websites (“Website”), use the products or services offered by ReplyAssist (“Services”), visit our branded social media pages, visit our offices, receive communication from us, register or attend our events or webinars, or ask questions about our products (“Interactions”, and together with Website and Services, the “Offerings”). Please note that our Website may include links to other organizations’ websites whose privacy practices may differ from those of ReplyAssist. If you interact with any of those sites, your information is governed by their privacy notices. We encourage you to carefully read the privacy notices of any website you visit.

If you are providing personal information to us as part of the recruitment process for employment, please review our Employment Candidate Privacy Policy.

If you do not feel comfortable with any part of this Privacy Policy, please immediately cease using our Offerings as, by doing so, you consent to the practices set forth in this Privacy Policy, the Website Terms of Use and any Services Terms of Use.

1. Personal Information We Collect

Except as described in this Privacy Policy, ReplyAssist will not give, sell, rent, or loan to any third party any of the personal information you provide us. Personal information is generally any information that identifies you or makes you identifiable such as your name, email address, telephone number, photo, current company and position, work history, IP address, or user preferences. We may collect, store, and use the following kinds of personal information from you in relation to the Offerings:

1. Information You Voluntarily Provide. We will collect personal information when you voluntarily provide it to us (including to our service providers or other parties who collect it on our behalf). For example, we collect personal information when you request information about our services or products, submit an application for employment, subscribe to marketing communications, request customer support, register for a ReplyAssist event, or use a ReplyAssist product or service.
2. Information About Transactions. We collect information about any transactions carried out between you and us on or in relation to the Website, including information relating to any purchases you make of our services, including your first and last name, title, position, employer, and contact information.
3. Information From Offline Sources. We may also collect personal information from you offline, such as from an email or during phone calls with sales representatives. The personal information we collect may include contact information (such as your name, address, telephone number or email address), professional information (such as your job title, department or job role), and contact preferences.
4. Information We Automatically Collect.

(i) Log Data. When you use our Website or the Services , we may automatically record information from your device, its software, and your activity using the Website This may include such information as the device’s Internet Protocol (“IP”) address, browser type, operating system, software version, user settings, Media Access Control (“MAC”) address, the web page visited before you came to our Website, information you search for on our Website, length of visit and number of page views, locale preferences, identification numbers associated with your devices, your mobile carrier, date and time stamps associated with transactions, and system configuration information. Information we collect may be associated with accounts and other devices.  Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.

(ii) Location Data. We may collect geolocation and proximity of your device if location services are enabled on your device (e.g., GPS-based functionality on mobile devices used to access our Website) and may use that information to customize the interactions with location-based information and features. If you access our Website through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this.

(iii) Cookies. We use “cookies” to collect information and improve our interactions with you. A cookie is a small data file that we transfer to your device. We may use “persistent cookies” to save your registration ID and login password for future logins to our Website. We may use “session ID cookies” to enable certain features of the Website, to better understand how your interactions with us and to monitor aggregate usage and web traffic routing on our Website. For more information on how we use Cookies and similar technologies, please see our Cookie Policy,

(iv) Services.  We create app, services, features, APIs, software, websites and similar related offerings that enable individuals and businesses to interact with their customers.  Those individuals and businesses (“data controllers”) may submit personal information about their customers and prospective customers to us.  This could include the contents of, and information contained in, conversations in third party platforms, websites and applications, specifically LinkedIn®. We use and process this personal data to provide our Services in accordance with the terms applicable to the Services.  We also collect, process, and use data provided in the course of using the Services including logs, usage reports, services used, date and time stamps, and telephone numbers. 

(v) Analytics Tracking - Third Parties. We may also use third-party service providers to collect and process analytics and other information on our Website and Services. These third-party service providers may use cookies and other technologies to collect and store analytics and other information. They have their own privacy policies addressing how they use the analytics and other information and we do not have access to, nor control over, third parties’ use of cookies or other tracking technologies. We may also collect personal information from other third-party sources. We may collect personal information disclosed by you on message boards, chat features, blogs and other services or platforms to which you are able to post information and materials (including third-party services and platforms). We process such information to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our communications with you, including providing information about our services and products.

If you choose to limit our collection or use of your personal information or choose not to provide certain personal information, some or all of our services, programs, or events may not be available to you, and we may not be able to respond to your requests.

1. Why We Collect and How we Use Your Personal Information 

In general, we collect and use personal information to create, develop, operate, deliver, and improve our Website and Services. There is a legal basis for all collection and use which may include: consent, or our legitimate business interest such as monitoring, proper administration, improving our Website and Services; communicating with use; protection of legal rights; or, protection of vital interests.  We may use your personal information to:

1. Respond to Requests.We may process your personal information when you contact us, such as with questions, concerns, and feedback. We share this information with third parties upon your request, or with our service providers or partners to the extent necessary to provide you a response. 
2. Facilitate and Evaluate Use of the Services.We may use your personal information to provide you with our Website and Services, to facilitate your use of our Services (such as facilitating navigation and the login process, preserving information between sessions and enhancing security), to improve quality, to evaluate page response rates and determine content.
3. Improve the Accuracy of our Records.We may use the personal information we receive from you or third parties to better understand you and/or maintain and improve the accuracy of the records we hold about you. 
4. Personalize your Experience.We also may use cookies and similar tracking technology to personalize your experience – please see our Cookie Policy for more information. By personalizing our communications, we enable you to more easily use our Website or Services by tracking your preferences (e.g., your language selection, your time zone, etc.). 
5. Ensure the Security of the Website and Interactions.We may process your personal information to help monitor, prevent and detect fraud, enhance security, and combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor the security of our Offerings.
6. Marketing.We may use information we obtain from you, your interactions with ReplyAssist, our Website, our Services, and from third party sources to provide you with marketing and promotional communications, to deliver targeted and relevant advertising and marketing to you, to determine the effectiveness of our marketing and promotional campaigns, to better understand you and your preferences, and to position and promote our services and products. Our marketing will be conducted in accordance with your advertising/marketing preferences and as permitted by applicable law. 
7. Product Improvement and Development.  We use your information to help us improve the content and functionality of the Website and Services, to better understand our users, to improve the Website and Services, and develop to new products and services. This includes monitoring outages and troubleshooting issues reported by you.  
8. Create Your Profile or Account.  We may process account data including name and email address to create your personal profile or account, operate the Website, provide the Services, monitoring your use, ensure the security of the Offerings, maintain backups, and communicate with you.  
9. Compliance with Law.  We may process or use your personal data where necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.  
10. Other Purposes.  In addition to the other uses outlined in this Policy, we may process and use personal information about you for the purposes of obtaining or. Maintaining insurance coverage, managing risks, or where necessary for compliance with legal obligations, in order to protect your vital interests or the vital interests of another natural person, or to help improve the safety and reliability of our Services including detecting, preventing, responding to fraud, abuse, security risks, and technical issues.  

If you choose to limit our collection or use of your personal information, some or all of our services may not be available to you, and we may not be able to respond to certain of your requests.

• Aggregated and De-Identified Information

We may use de-identified and/or aggregated information that can no longer be reasonably linked to you or your device from the information we collect. De-identified and/or aggregated information is not subject to this Privacy Policy, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.

• Sharing Personal Information

There are certain circumstances where we may share your personal information with third parties without further notice to you.  If you are located in a jurisdiction where sharing requires your permission, we will only do so with our consent.  The circumstances where we may share personal information are as follows:

1. Service Providers, Business Partners and Others.We may share your personal information with third parties, such as vendors, consultants, agents and other service providers who work on our behalf. Examples include vendors and service providers who provide assistance with marketing, billing, processing credit card payments, data analysis and insight, technical support and customer service. These examples are not exhaustive, and we may employ service providers for additional functions.  
2. Compliance with Laws and Law Enforcement Requests; Protection of Our Rights.We may disclose your personal information to third parties when we have a good faith belief that disclosure is reasonably necessary to: (i) comply with a law, regulation, legal process or legal requests including to meet national security or law enforcement requirements; (ii) protect the safety of any person from death or serious bodily injury; (iii) prevent harm or illegal activities including fraud or abuse of ReplyAssist or its users; (iv) enforce or protect ReplyAssist’s rights including those under this policy and our agreements with you and protect against legal liability; (v) to protect the security or integrity of our Offerings
3. Business Transfers.If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be sold or transferred as part of that transaction.
4. Related Companies. We may share your personal information with our affiliates or subsidiaries, if any, so that they can help provide or support our Offerings, service your account, or troubleshoot concerns, contact you with offers, or support other legitimate business operations.

1. Security of Personal Information

We will take reasonable physical, administrative and technical steps to safeguard the information we collect from you to prevent the loss, misuse or alteration of your personal information. While we make reasonable efforts to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures. Further, data transmission of the internet is inherently insecure. Therefore, you should take special care in deciding what information you send to over the internet.

We will store all the personal information you provide on our secure servers. You are responsible for keeping your passwords confidential. We will not ask you for your passwords.

We have procedures in place to ensure we can react to any reasonably foreseeable issue. If you ever find a security issue, or simply have a security related concern, please reach out directly to us. The quickest and most effective way is by sending an email to [email protected].

1. International Transfers of Personal Information

By submitting your personal information via this website or otherwise, your information will be transferred to us in the United States. The United States may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your personal information transferred to or processed or maintained in the United States, you should not use our Website or should not engage in Interactions with us.

If you are a citizen of or reside in the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland, we comply with applicable laws to provide an adequate level of data protection for the transfer of your personal information to third countries. For more information, see Section 11 (Special Notice for Individuals in the EEA, UK, and Switzerland).

1. Accessing or Updating Your Personal Information

We depend on you to update and correct personal information to the extent necessary for the purposes for which the information was collected or subsequently authorized by you. You may contact ReplyAssist as indicated below to request that we update or correct relevant personal information that is demonstrated to be inaccurate or incomplete, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. We may seek to verify your identity when we receive your privacy rights request to ensure the security of your personal information.

1. Retention

We retain your personal information for as long as is necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements, or to resolve disputes. Consistent with these requirements, we will look to delete your personal information within the time limits imposed by applicable law, if any, upon request 

1. Children

Our Website and Interactions are not directed to persons under 18, and we do not knowingly collect personal information from children under 18. If a parent or guardian becomes aware their child has provided us with personal information without their consent, they should contact us at [email protected]. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information from our files.

1. Special Notice for Individuals in certain States within the US

This section supplements the other information included in this Privacy Policy and applies solely to individuals who reside in the United States and who qualify as a “consumer” as such term is defined by the state law applicable to such individual.

1. California Residents

This section applies only to California residents and the terms used have the same meaning as set out in the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act 2020 (“CPRA”).

Personal Information Collected. Below is a summary of the personal information categories that we collect and, where relevant, categories of information we have collected in the last 12 months, the reason we collect your personal information, where we obtain the personal information we collect about you, and the categories of third parties with whom we share your personal information. For more information about the personal information we collect, please refer to Section 2 (Personal Information We Collect).

We collect the above information for the purposes described in Section 3 (Why We Collect Your Personal Information) as well as any other purposes separately notified to you.

Further, we share the personal information described above with the parties identified in Section 4 (Information Sharing).

California Residents Rights. California residents have the following rights (“Rights”) listed below. Certain rights are not absolute, such as your right to know and right to deletion and are subject to certain exceptions. For instance, we cannot disclose specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the personal information, your account with us, or the security of the business’s systems of networks.

• Right to Know. You have the right to know what personal information about you we have collected, used, disclosed, sold, and shared, if applicable, during the preceding 12 months. You have the right to request in writing from us a copy of the categories of personal information we have collected about you, the categories of sources from which we collected that information, why we collected information about you, and the business or commercial purpose for selling, sharing, or disclosing your personal information (if applicable), the categories of third parties with whom we disclosed, sold, or shared your personal information, and the categories of personal information that we  disclosed, sold, or shared about you for a business purpose. We are only required to respond twice per calendar year to your right-to-know requests.
• Right to Deletion. You have the right to request that we delete any personal information we have collected from you or maintain about you. We honor such requests unless an exception applies, such as when the information is necessary to complete the transaction or contract for which it was collected or when information is being used to detect, prevent, or investigate security incidents, comply with laws or legal obligation, identify and repair bugs, or ensure another consumer’s ability to exercise their free speech rights or other rights provided by law.
• Right to Opt-Out of the Sale of Your Personal Information. If a business sells your personal information, you have the right to opt-out. We will not sell any of your personal information unless we first notify you separately in writing. You may opt out of the sale of your personal information by utilizing the “do not sell or share my personal information” banner on our Website.
• Right to Information on Personal Data Sharing. You may have the right to request information from us regarding whether we share certain categories of your personal information with third parties for the third parties’ direct marketing purposes, including the categories of information we disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed. To the extent we participate in such sharing, you are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually.
• Right to Opt-Out of the Sharing of Your Personal Information. You have the right to opt out of a business sharing your personal information with third parties. We may engage in “sharing” under the CCPA, which is broadly defined as disclosing personal information for purposes of cross-context behavioral advertising, including instances where companies target advertising based on personal information obtained from a consumer’s activity across distinctly branded websites or services. We share information as outlined in our Cookie Policy and Section 5 (Information Sharing). You may opt out of the “sharing” of your personal information by utilizing the “do not sell or share my personal information” banner on our Website.
• Right to Correct Inaccurate Personal Information. You have the right to request that we correct inaccurate personal information. We will use commercially reasonable efforts to correct your information as directed by you or provide you with instructions on how you can correct your information.
• Right to Non-Discrimination. We will not discriminate against you for exercising your rights. Specifically, we will not deny you services, charge you different prices or rates for services, or provide you a different level or quality of services, because you elected to exercise your rights.
• Right to limit the use of Sensitive Personal Information. The CCPA allows you to limit certain uses and disclosures of your sensitive personal information to certain purposes specified by law (e.g., providing you with services you request or preventing fraud, or for other purposes that don’t involve deriving your attributes). Because of our limited use of your sensitive personal data, we are not required to offer you this opt-out right.

Exercising Your Rights. You may exercise your rights by contacting us as outlined in Section 13 (How to Contact Us). To verify your identity, we may ask you to verify personal information we already have on file for you. If we cannot verify your identity from this information, we may request additional information, which will only be used for the to verify your identity, and for security or fraud-prevention purposes. In some instances, we may seek for you to identify at least three pieces of your personal information maintained by the business and submit a signed declaration under penalty of perjury that you are a California consumer whose personal information is the subject of the request.

You may designate an authorized agent to make a request to exercise your rights outlined in this Privacy Policy. We will respond to your authorized agent’s request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf or submit evidence you have provided them with power of attorney pursuant to Probate Code section 4000 to 4465. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf.

In certain situations, you may have the right to appeal the denial your request to exercise your rights. Please submit an appeal using the contact information in Section 13 (How to Contact Us). 

Do Not Track Disclosure. ReplyAssist does not have a mechanism in place for responding to browser “do not track” signals or other similar mechanisms used to limit collection of information for use in online behavioral advertising.

1. United States residents generally: 

In states where residents are allowed additional individual rights, we are committed to honoring those rights for such residents, including requests that may limit how we use and share your data, or requests to delete or correct inaccurate data, consistent with applicable law. Note that the applicable law may exempt certain personal information from such requests. To submit a request based on local law, please contact us as indicated in Section 14 (How to Contact Us). We will respond to your request as required by law. If any circumstances cause a material delay in our response, you will be promptly notified.

Under certain state laws, certain residents may out of the sale or sharing of their personal information, or the use of their personal information for targeted advertising or profiling purposes. We will not sell your personal information unless we first provide you with a separate notice prior to such sale. To exercise a legal right, you have to opt-out of or limit these activities, please contact using the methods outlined in Section 14 (How to Contact Us).

In certain situations, You may have the right to appeal the denial your request to exercise your rights. Please submit an appeal using the contact information in Section 14 (How to Contact Us). 

1. Special Notice for Individuals in the EEA, UK, and Switzerland

This section only applies to interactions with individuals who are citizens of, or at the time of data collection reside in the EEA, UK or Switzerland (collectively, the “Designated Countries”).

1. Role.ReplyAssist is a data controller with respect to any personal information collected from the Website and Interactions. Any third parties that handle your personal information in accordance with our instructions are our service providers and are “data processors.” You are a “user.” Users are individuals providing personal information to us via the Website and Interactions.
2. Marketing.We will only contact individuals located in the Designated Countries by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law, or the individual’s consent. If you do not want us to use your personal information in this way, please go to the email settings for your account to opt out, click an unsubscribe link in your emails, or contact us at [email protected]. You can object to direct marketing at any time and free of charge.
3. Additional Privacy Rights.We provide you with the rights described below. We may limit these privacy rights requests (i) where denial of access is required or authorized by law, (ii) when granting access would have a negative impact on others’ privacy, (iii) to protect our rights and properties, or (iv) where the request is frivolous or burdensome. If you would like to exercise your rights under applicable law, please contact us at [email protected]. We may seek to verify your identity when we receive your privacy rights request to ensure the security of your personal information.

• Right to withdraw consent. For any consent-based processing of your personal information, you have the right to withdraw your consent. A withdrawal of consent will not affect the lawfulness of our processing or the processing of any third parties based on consent before your withdrawal.
• Right of access/right of portability. You may have the right to access the personal information that we hold about you, and in some limited circumstances, have the personal information provided to you so that you can provide that personal information to another controller.
• Right to rectification. You may request to correct any of your personal information in our files.
• Right to erasure. In certain circumstances, you may have a right to the erasure of your personal information that we hold about you.
• Right to restriction. You have the right to request that we restrict our processing of your personal information in certain circumstances.
• Right to object to processing. You have the right to object to our processing of your personal information at any time and as permitted by applicable law if we process your personal information on the legal basis of consent; contract; or legitimate interests. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
• Notification to third parties. When we fulfill your individual rights requests for correction, erasure or restriction of processing, we will notify third parties also handling the relevant personal information unless this proves impossible or involves disproportionate effort.
• Right to Lodge Complaint. We commit to resolve complaints about our collection or use of your personal information. EEA, UK, or Swiss individuals with inquiries or complaints regarding this privacy notice should first contact us at [email protected]. You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal information infringes applicable law.

1. International Transfers.In allowing you to use Website and Interactions we may need to transfer your personal information outside the Designated Countries including to countries that do not provide the same level of protection for personal information.  In such case, we will only transfer personal information to recipients that provide an adequate level of data protection or as permitted by applicable data protection laws by implementing appropriate safeguards, including, but not limited to, relevant data transfer agreements based on the EU Standard Contractual Clauses or UK Standard Contractual Clauses, as applicable (“Clauses”). The Clauses shall apply to any transfers of personal information from the Designated Countries to countries which do not ensure an adequate level of data protection within the meaning of applicable laws of the foregoing territories.
2. Legal Bases for Processing Personal Information.Our legal bases for collecting and using the personal information described above will depend on the type of personal information collected, the specific context in which we collect it and the purposes for which it is used. Whenever we require your consent for the processing of your personal information such processing will be based on Article 6(1) lit. (a) GDPR or the equivalent legal bases in the applicable law. If the processing of your personal information is necessary for the performance of a contract between you and ReplyAssist or for taking any pre-contractual steps upon your request, such processing will be based on Article 6(1) lit. (b) GDPR. If this data is not processed, ReplyAssist will not be able to execute the contract with you. Where the processing is necessary for us to comply with a legal obligation, we will process your information on the basis of Article 6(1) lit. (c) GDPR, for example for complying with obligations under anti-money laundering laws. Where the processing is necessary for the purposes of ReplyAssist’s or another party’s legitimate interests, such processing will be made in accordance with Article 6(1) lit. (f) GDPR.

1. Updates

We may update this Privacy Policy from time to time. If we make material changes to the way we collect, use, share or process the personal information that you provide, we will notify you by posting a notice of the changes in a clear and conspicuous manner on the Website, via the most recent email address we have on file for you, or via another communication channel where permitted by law.

1. How to Contact Us

To exercise your rights, or if you have any questions about this Notice or our treatment of your personal information, please send us an email at [email protected] or by mail to ReplyAssist, Inc., 2045 W. Grand Ave, Suite B, PMB 414451, Chicago, IL 60612-1577