LiveLawLeads, LLC (“LiveLawLeads”) is committed to lawful, fair, and transparent collection of your data. This policy governs data collection by us and our affiliates (collectively the “Company”) when you purchase or use our products, services, software, and website (collectively the “Services”). It was drafted to help you understand the types of information we collect from you, how we use it, as well as how we share, store and protect it.
If you do not agree with this policy, you should not use our Services. By accessing or using our Services, you agree to this policy, which may change from time to time to better reflect our practices and applicable laws. Your continued use after we make change(s) is deemed acceptance of those changes.
Children Under the Age of 13
Our Services are not intended for minors (children under 13 years of age or equivalent depending on jurisdiction, (“Children”), and use of our Services by Children is strictly prohibited. We do not knowingly collect personally identifiable information from Children. If we learn we have collected or received personal information from Children without verification of parental consent, we will delete that information. If you believe we might have any information from or about Children, please contact us.
Types of Information We Collect
We collect information if you voluntarily provide it to us. For example, if you sign up for our Services, you might give us your name and email address. You might also give us data when you email us or give us feedback. In addition, you may submit information online through surveys, forms, portals, or other interactive activities on our website. details about transactions you carry out through our website. It is always your choice whether or not to provide personal data.
Do not provide personal data unless you are authorized to do so.
We may collect the following information directly from you:
Information that may be personally identified, such as name, address, e-mail address, and other identifier by which you may be contacted online or offline ("personal information"); information that is about you but individually does not identify you; and/or information about how you interact with our website, such as internet connection or the equipment you use to access the Services.
This policy does not apply to third-party sites that may link to, or be accessible from, our site. We do not control these third parties' tracking technologies or how they may be used. Your interactions with these sites are governed by the third parties’ applicable privacy statements. If you have any questions about these sites, you should contact the responsible provider directly. Additionally:
- Google's use of advertising cookies enables it and its partners to serve ads to our users based on their visit to our sites and/or other sites on the Internet.
- Users may opt out of personalized advertising by visiting https://www.google.com/settings/adsor info)
If you have not opted out of third-party ad serving, the cookies of other third-party vendors or ad networks may also be used to serve ads on our site, including:
- com, Facebook.com, HotJar.com, and AdSense.com.
For further details, please see the ‘about Hotjar’ section of Hotjar’s support site at https://help.hotjar.com/hc/en-us/categories/115001323967-About-Hotjar.
We may also collect information automatically:
As you interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: details of your visits to our website and information about your computer and internet connection. The information we collect automatically does not include personal information.
How We Use Your Information
We use information that we collect about you or that you provide to us, including personal information to present our Services to you; to provide you with information, products, or services that you request from us; to fulfill any other purpose for which you provide it; to provide you with notices about your account/ subscription, including expiration and renewal notices; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; to comply with legal obligations; or for any other purpose with your consent.
We do not specifically target EU residents and do not market to EU residents. However, if you are an EU resident, we will collect and use your personal data only if we have one or more legal bases for doing so under the GDPR. This means we collect and use your personal data only where you have given your consent for one or more specific purposes; it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; it is necessary to protect the vital interests of you or another natural person; or it is necessary to comply with a legal obligation.
Who We Share Your Information With
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may sell your personal information. We may disclose personal information that we collect or you provide as described in this policy to our team members, agents, subsidiaries and affiliates; to contractors, service providers, and other third parties we use to support our business; to a leads buyer, to a successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets; to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide the information; and/or with your consent.
How We Protect Your Personal Information
We may store your personal data in any region or in any country where we or our service providers have facilities. We implement reasonable processes and adhere to best practices in order to protect your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. We will do our best to protect your personal information, but we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website. We will store your personal data only until it is no longer needed to fulfill the purpose(s) for which it was collected or as required or permitted by law; at that point it will be anonymized, deleted, or isolated.
Accessing and Correcting Your Information
You can request to access, correct or delete any personal information that you have provided to us by contacting us at email@example.com. 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.
How to Contact Us
LiveLawLeads, LLC c/o Doucet Gerling Co LPA
655 Metro Place South, Suite 600, Dublin
Ohio, United States 43017
California Consumer Privacy Act of 2018
“CCPA” California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, including without limitation and in each case any amendments and implementing regulations that become effective before the date of this Addendum.
“Contracted Services” means the services you have determined will be provided by LiveLawLeads, LLC under the Agreement or Section 5.1 of this Addendum.
When used in this Addendum, the following terms will have the same meaning as in the CCPA: (a) aggregate consumer information; (b) business; (c) business purpose; (d) collect; (e) commercial purpose; (f) consumer; (g) deidentified; (h) personal information (i) publicly available; (j) sell; (k) service provider; and (l) processing.
Under the Agreement, you have determined that LiveLawLeads, LLC may act as a “service provider” to you by providing you with the Contracted Services in relation to any one or more of: (a) online course platform software; (b) online course management and administration; and (c) support and maintenance.
The Contracted Services may involve LiveLawLeads, LLC processing personal information on your behalf, which may include personal information relating to your customers, students or subscribers or other individuals with whom you deal in the course of your business.
You will determine the purposes and means of the processing of personal information.
Personal Information – LiveLawLeads, LLC Obligations
LiveLawLeads, LLC will:
Retain, use, or disclose the personal information for any purpose other than for the specific purpose of performing the Contracted Services, including retaining, using, or disclosing the personal information for a commercial purpose other than providing the Contracted Services;
Retain, use, or disclose the personal information outside of the direct business relationship between you and LiveLawLeads, LLC ;
Sell the personal information; and
Further collect or use the personal information of the consumer except as necessary to perform a business purpose.
LiveLawLeads, LLC hereby certifies that it understands its obligations under Section 3.1 and will comply with them.
LiveLawLeads, LLC will not respond to any request received by it from a consumer under the CCPA other than to inform the consumer that the request cannot be acted upon because it has been sent to a service provider.
Personal Information – Your Obligations
You represent, warrant and covenant that:
You do not and will not sell consumers’ personal information; or
You have provided notice of that information being used or shared in its terms and conditions consistent with Section 1798.135 of the CCPA.
You will not:
Require LiveLawLeads, LLC to sell personal information on your behalf; or
Unless necessary to perform a business purpose, provide LiveLawLeads, LLC with, or require or direct LiveLawLeads, LLC to collect on your behalf, any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
The parties agree that the Contracted Services may include, without limitation, the following activities to the extent LiveLawLeads, LLC determines such activities are necessary for it to perform the services provided under the Agreement: (a) retaining and employing another service provider as a subcontractor, where the subcontractor meets the requirements for a service provider under the CCPA, (b) internally building or improving the quality of LiveLawLeads, LLC ’s services, except building or modifying household or consumer profiles to use in providing services to another business, or correcting or augmenting data acquired from another source, (c) detecting data security incidents, or protecting against fraudulent or illegal activity; and (d) complying with federal, state, or local laws, comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; cooperating with law enforcement agencies concerning conduct or activity that you, LiveLawLeads, LLC or a third party reasonably and in good faith believes may violate federal, state, or local law; or exercising or defending legal claims.
The parties agree that the Contracted Services are necessary to perform a business purpose and form part of the direct business relationship between LiveLawLeads, LLC and you.
Your remedies with respect to any breach by LiveLawLeads, LLC of the terms of this Addendum and the overall aggregate liability of LiveLawLeads, LLC arising out of, or in connection with the Agreement (including this Addendum) will be subject to any aggregate limitation of liability that has been agreed between the parties under the Agreement but in no event shall be more than the amount you paid to LiveLawLeads, LLC (the “Liability Cap”) or $1,000, whichever is less. For the avoidance of doubt, the parties intend and agree that the overall aggregate liability of LiveLawLeads, LLC and its affiliates arising out of, or in connection with the Agreement (including this Addendum) will in no event exceed the Liability Cap.
Binding Arbitration and Class Action Waiver
Claims Subject to Arbitration: LIVELAWLEADS and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or death. This arbitration provision is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory;
claims that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising);
claims for mental or emotional distress or injury not arising out of bodily injury;
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Agreement.
References to “LIVELAWLEADS,” “you,” and “us” include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future subsidiaries, affiliates, related entities, agents, employees, and all authorized or unauthorized users or beneficiaries of LIVELAWLEADS Services or products under past, present, or future Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and LIVELAWLEADS are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
Pre-Arbitration Notice of Dispute: A party who intends to seek arbitration must first send to the other party a written Notice of Dispute (“Notice”). You may download the Notice form at att.com/arbitration-forms. The Notice to LIVELAWLEADS may be sent by U.S. mail or professional courier service to Doucet Gerling Co., LPA, 655 Metro Place South, Suite 600, Dublin, OH 43017 (the "Notice Address"). The Notice must include: (a) your name; (b) your Account number (if you have one); (c) the services (if any) to which your claim pertains; (d) a description of the nature and basis of the claim or dispute; (e) an explanation of the specific relief sought and the basis for the calculations; (f) your signature; and (g) if you have retained an attorney, your signed statement authorizing LIVELAWLEADS to disclose your confidential Account records to your attorney if necessary in resolving your claim.
If LIVELAWLEADS and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or LIVELAWLEADS may commence an arbitration proceeding. (If either you or we sends the other an incomplete Notice, the 60-day period begins only after a complete Notice is received.) In addition, information on how to commence an arbitration proceeding, including how to file a consumer arbitration online, is currently available at adr.org/support. A copy of the arbitration demand must be sent to the Notice Address listed above.
Arbitration Procedure: The arbitration will be governed by the then-current Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or, if the parties cannot agree on a provider, by the court.) The AAA Rules are available online at adr.org or may be requested by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at att.com/arbitration-information.) All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider rulings in other arbitrations involving different customers, but an arbitrator’s ruling will not be binding in proceedings involving different customers. Unless LIVELAWLEADS and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $3,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic, videoconference, or in-person hearing as established by the AAA Rules. If your claim exceeds $3,000, the right to a hearing will be determined by the AAA Rules. During the arbitration, the amount of any settlement offer made by LIVELAWLEADS or you shall not be disclosed to the arbitrator until after the arbitrator determines the relief, if any, to which you or LIVELAWLEADS is entitled. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which his or her decision is based. Except as provided in subsection below, the arbitrator can award the same damages and relief that a court can award under applicable law.
Arbitration Fees: If LIVELAWLEADS initiates arbitration or if you initiate arbitration of claims valued at $25,000 or less, LIVELAWLEADS will pay all AAA filing, administration, case-management, hearing, and arbitrator fees, so long as you have fully complied with the requirements in section 2 for any arbitration you initiated. In such cases, LIVELAWLEADS will pay the filing fee directly to the AAA upon receiving a written request from you at the Notice Address or, if the AAA requires you to pay a filing fee to commence arbitration, LIVELAWLEADS will promptly reimburse you or arrange for the AAA to reimburse you for the filing fee and will remit the filing fee to the AAA itself. If you seek relief valued at greater than $25,000, the payment of the AAA filing, administration, case-management, hearing, and arbitrator fees will be governed by the AAA rules. In addition, if the arbitrator finds that either the substance of your claim or the relief sought in the arbitration demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse LIVELAWLEADS for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
Alternative Payment and Attorney Premium: If you fully complied with the requirements above in subsection 2 and the arbitrator issues an award in your favor that is greater than the value of LiveLawLeads’s last written settlement offer made before the arbitrator was selected, then LIVELAWLEADS will:
pay you the amount of the award or $3,000 (the "Alternative Payment”), whichever is greater; and
pay the attorney you retained, if any, 1.25 times the amount of attorneys’ fees reasonably incurred and reimburse any reasonably incurred expenses (including expert witness fees and costs) that your retained attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "Attorney Premium”).
If LIVELAWLEADS did not make a written offer to settle the dispute before the arbitrator was selected, you and your attorney will be entitled to receive the Alternative Payment and the Attorney Premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may resolve disputes and make rulings as to the payment and reimbursement of attorneys' fees, expenses, the Alternative Payment, and the Attorney Premium upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorneys' fees and expenses is greater than the value of LiveLawLeads’s last written settlement offer, the calculation shall include only the portion of the award representing attorneys' fees and expenses that you reasonably incurred pursuing the arbitration through the date of LiveLawLeads’s settlement offer.
The right to the Attorney Premium supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the Attorney Premium and a duplicative award of attorneys’ fees or expenses. Although under some laws LIVELAWLEADS may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, LIVELAWLEADS agrees that it will not seek such an award unless you have retained an attorney and one or more of your claims is determined to be frivolous or brought for an improper purpose.
Requirement of Individual Arbitration: The arbitrator may award relief (including, but not limited to, damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND LIVELAWLEADS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and LIVELAWLEADS agree otherwise, the arbitrator may not consolidate more than one person’s or entity's claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation is found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, we agree that if LIVELAWLEADS makes any future change to this arbitration provision (other than a change to the Notice Address) during your service commitment, you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Puerto Rico Customers: For Puerto Rico customers, all references to "small claims court" in this arbitration provision should be understood to mean the Puerto Rico Telecommunications Regulatory Board.