Lead Surge LLC (“Lead Surge,” “us,” or “we”) takes this Privacy Policy and the task of protecting your data very seriously. We believe that privacy is a fundamental right. This Privacy Policy (“Policy”) is intended to help you understand:
- What This Policy Covers
- What Information We Collect About You
- How We Use Collected Information
- How We Share Information
- How Information is Stored
- Your Rights and Choices
- Changes to This Policy
- Contact Information
- Alternative Dispute Resolution
1. What This Policy Covers
This Policy sets out how Lead Surge will collect, use, share, and protect your personally identifiable information (“Personal Information). Personal Information is data that can be used to directly or indirectly identify you. This policy covers our use and treatment of Personal Information that we collect, or you provide to us on our websites.
By accessing or using our services, you acknowledge and agree that you consent to the practices and policies outlined in this policy. If you do not agree with this policy, please do not access or use our services or interact with any other aspect of our business. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
We believe strongly in being open and transparent about our practices. If you have questions about our practices, please let us know at Privacy@LeadSurgeAdvertising.com
We have worked hard to make sure our business complies with the Canadian Personal Information Protection and Electronic Documents Act, (PIPEDA) and the California Consumer Privacy Act (CCPA), as well as all other applicable data privacy laws and regulations. We will continue to monitor the implementation and interpretation of the PIPEDA and the CCPA and update this policy as necessary. As such, we ask that even if you do not reside in California or the Canada that you review changes to this policy each time you use our web properties. Lead Surge does not have any establishments in any EU country and does not target any data subjects from EU countries.
2. What Information We Collect About You
We collect certain information from your computer each time you visit us that is not Personal Information. For example, non-user-specific aggregated data such as information about traffic patterns on the websites.
We collect Personal Information when you provide it to us on our websites. Such Personal Information may be collected, for example, when you submit a comment or question to us using a “contact us” or similar feature on our websites, send us an email, or in any other way submit information to us via our websites. As applicable, we may also collect and use the information you submit through any support or customer portal related to our Platform.
You may submit information to us for quotes and sales-related purposes, for example in connection with a specific sales promotion in a geographic area.
If you apply for a job posting or become an employee, we collect information necessary to process your application or to retain you as an employee. Providing this information is required for employment.
In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check.
2.1 Your Devices
We may collect information about your computer, phone, tablet, or other devices you use to access our websites. Device information may include your connection type, settings, operating system, browser type, IP address, URLs of referring/exit pages, or device identifiers. We may also collect how you use or interact with our websites; any search terms you have entered on a referral site; and other web usage activity and data logged by our web servers. The amount of this information we collect may depend on the type and settings of the device or browser you use.
The data we collect from your device may be used to administer our services. We also may store some aggregated metadata from your device. Aggregated metadata is data about data, such as numbers that identify the type of device you used. Metadata mostly helps us figure out how to make content work on different devices.
2.2 Cookies
We may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser when you visit a site that are stored on your device. Cookies improve and personalize your experience on our websites. With our third-party partners, we may use cookies and other tracking technologies to provide functionality and to recognize you across different websites and devices. Some web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Refusing a cookie may negatively impact the display or function of the Web Site. Please refer to our Cookie Policy for more information on cookies.
2.3 Children
Lead Surge does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for a service or offer. If you are under the age of 18, please do not attempt to conduct a service with us.
If you believe that we might have any information from or about such a person, please contact us immediately at: Privacy@LeadSurgeAdvertising.com
3. How We Use Collected Information
How we use the information we collect for business purposes depends in part on which services you use, how you use them, and any preferences you have communicated to us. We may use information about you for security purposes (e.g. authentication, account verification, or monitoring suspicious or fraudulent activity), or to operate and maintain the services (e.g. resolve technical issues, respond to your requests for assistance, or to repair and improve the services).
We may use it for our own research and commercial purposes to make our services smarter, faster, more secure, integrated, and useful to users. We use collective or aggregated learnings about how people use our services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement.
Where required by law or where we believe it is necessary to protect our legal rights and interests and the interests of others, we may use information about you in connection with legal claims, regulatory compliance, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
With your consent, we may use information about you for a specific purpose not listed above. You can always opt not to disclose information to us, but some information may be required to contact you or to take advantage of some offers.
4. How We Share Information
We may share information with our partners and clients. If another company acquires our company or our assets, we will also share information with that company.
4.1 Third Parties
We may share data with service providers to help us with statistical analysis, to send you email, and to provide customer support, but we do not allow any companies we work with to use your Personal Information except to perform the services we request.
To make your user experience better, we may embed code from third parties on the service with your permission.
We have no control over the policies and practices of third-party websites or businesses. If you choose to take part in any transaction or service relating to a third-party web site or business, please review all policies of such business or web site.
We may disclose information in response to subpoenas, warrants, court orders, or other legal process, or to comply with relevant laws. We may also share your information to defend against a legal claim or to investigate, prevent, or take action regarding possible illegal activity, suspected fraud, the threatened safety of persons or property, or any violation of our policies.
4.2 Service Providers
We may share your information with service providers. Among other things, service providers may help us to administer our website, conduct surveys, provide technical support, and assist in the fulfillment of orders.
4.4 Public
Some of our websites may provide the opportunity to post comments or reviews in a public forum. If you decide to submit such information, that information may be publicly available.
5. How Information is Stored
5.1 General Data Security
Lead Surge endeavors to protect the privacy of your Personal Information, including using what we believe to be appropriate technical and organizational measures. However, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your information at any time. We will notify you electronically, in writing, or by telephone of a breach, in accordance with all applicable laws.
5.2 Retention
The length of time we retain certain information depends on the type of information collected. We may also retain some of your information as necessary to comply with our legal obligations, comply with financial rules or laws, to resolve disputes, to enforce our agreements, to support business operations, or to continue to develop and improve our services. Where we retain information for service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our services, not to specifically analyze personal characteristics about you.
If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our services, such as when you last opened an email from us. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
After the applicable retention period, we will either delete or anonymize your information. If deletion or anonymization is not possible, then we will securely store your information and isolate it from any further use until deletion is possible.
5.3 Minor Exceptions to the Above
In some cases, after you unsubscribe from an email newsletter or subscription account, we may retain your profile information for a commercially reasonable time for backup, archival, or audit purposes.
6. Your Rights and Choices
Depending on the applicable law, you may have the right to request a copy of your information, to object to our use of your information, to request the deletion or restriction of your information, or to request your information in a structured, electronic format. This section describes your rights and explains how to exercise those rights. We will not discriminate against you for exercising any of your rights.
If you are a California resident, please view this Privacy Notice for additional rights under California law.
6.1 Objection and Opt-Out
Depending on applicable law, you may have the right to “opt-out” or object to certain of our uses of your Personal Information at any point. For example, at the time you are requested to provide Personal Information on our websites, you may have the opportunity to elect to (or not to) have your Personal Information used in certain ways. You may also make this request by contacting us using the information in the “Contact Us” section. In this communication, please indicate whether you would like to opt-out of (i) receiving any correspondence from us or from entities affiliated with us or unaffiliated third parties for their marketing purposes; or (ii) opt-out of only specific uses of your Personal Information. You may also opt-out of promotional emails by clicking on an opt-out link within the email you received. In some cases, we may no longer be able to provide you services if you opt-out of certain necessary processing.
6.2 Changing Your Personal Information
You may request your Personal Information be updated or changed. You can contact us in relation to such requests at Privacy@LeadSurgeAdvertising.com Please note, however, that we may need to retain certain information for record-keeping purposes, to complete transactions or to comply with our legal obligations.
6.3 Deletion
Lead Surge generally keeps your Personal Information for as long as is required for the purpose it is collected, unless a longer retention period is required or permitted by law. You may, however, request that we delete your Personal Information. We may also decide to delete your Personal Information if we believe it is inaccurate or incomplete, or that our continued use or storage of the information is prohibited by our obligations to other parties. When we delete Personal Information, it will be removed from active databases but may remain in archives where it is not practical or possible to delete it. In addition, we may keep your Personal Information as needed to comply with legal obligations, resolve disputes, or enforce agreements.
6.4 Transmission of Personal Information to Other Countries
When we transfer personal information from a country of origin to the United States, we do so in compliance with all laws of the originating country.
6.5 Complaints
We take your privacy seriously; you can contact us with your questions and concerns at Privacy@LeadSurgeAdvertising.com You may also have the right to complain to regulatory bodies about our privacy practices.
7. Changes to This Policy
We are committed to complying with data privacy laws in every jurisdiction we do business. As such, we may amend this policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our website or sending you an email. You are bound by any changes to the Privacy Policy when you use our websites after such changes have been first posted.
8. Contact Information
If you have any questions, comments, or complaints concerning our privacy practices, the ways in which we collect and use your Personal Information, your choices and rights regarding such use, please do not hesitate to contact us at:
https://leadsurgeadvertising.com/contact-us/
Lead Surge LLC
45 Shawmut Road
Canton, MA 02021
Phone: 1+ 781.326.5900
Privacy@LeadSurgeAdvertising.com
9. Alternative Dispute Resolution
NOTICE: BY VISITING AND/OR USING THIS WEBSITE AND SUBMITTING ANY INFORMATION THROUGH OR VIA THIS WEBSITE, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY MASSACHUSETTS LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS.
Going forward, in this Alternative Dispute Resolution section, “We” refers to (i) you, as the visitor to this website and (ii) Lead Surge, together. “I” refers to you, as the visitor to this website.
ARBITRATION OF DISPUTES
WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES (HEREAFTER REFERRED TO AS A “CLAIM”) ARISING UNDER OR RELATING TO MY USE OF (I) THIS WEB SITE OR (II) MY ENTERING OF INFORMATION OR DATA INTO THE FORMS CONTAINED ON THIS WEB SITE (“OUR AGREEMENT”), INCLUDING BY WAY OF EXAMPLE AND NOT AS A LIMITATION: (I) THE RELATIONSHIPS RESULTING FROM OUR AGREEMENT, CALLS, TEXTS OR EMAILS MADE TO ME OR SENT TO ME AND ANY THE WORK AND TRANSACTIONS ARISING AS A RESULT THEREOF INCLUDING ANY FEDERAL OR STATE STATUTORY OR REGULATORY CLAIMS; (II) THE BREACH OR ALLEGED BREACH OF OUR AGREEMENT; OR (III) THE VALIDITY OF OUR AGREEMENT OR THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION OF DISPUTES PROVISION (“PROVISION”), SHALL BE SUBJECT TO ARBITRATION IN ACCORDANCE WITH THIS PROVISION.
I AGREE THAT I WILL ASSERT A CLAIM ONLY ON BEHALF OF MY OWN SELF AND THAT I WILL NOT ASSERT A CLAIM ON BEHALF OF, OR AS A MEMBER OF, A CLASS OR GROUP IN EITHER AN ARBITRATION PROCEEDING, A PRIVATE ATTORNEY GENERAL ACTION OR IN ANY OTHER FORUM OR ACTION. NOTWITHSTANDING ANY OTHER LANGUAGE IN THIS PROVISION, ONLY A COURT, NOT AN ARBITRATOR, WILL DECIDE CLAIMS ABOUT THE VALIDITY, ENFORCEABILITY, COVERAGE, OR SCOPE OF THIS PROVISION OR ANY PART OF THIS PROVISION. HOWEVER, ANY CLAIM THAT CONCERNS THE VALIDITY OR ENFORCEABILITY OF OUR AGREEMENT AS A WHOLE IS FOR THE ARBITRATOR, NOT A COURT, TO DECIDE. IF A COURT DETERMINES THAT THIS PROVISION IS NOT FULLY ENFORCEABLE, THE COURT’S DETERMINATION SHALL BE SUBJECT TO APPEAL. THIS PROVISION DOES NOT APPLY TO ANY LAWSUIT OR ADMINISTRATIVE PROCEEDING FILED AGAINST LEAD SURGE BY A STATE OR FEDERAL GOVERNMENT AGENCY EVEN WHEN SUCH AGENCY IS SEEKING RELIEF ON BEHALF OF A CLASS OF CONSUMERS. THIS MEANS THAT LEAD SURGE WILL NOT HAVE THE RIGHT TO COMPEL ARBITRATION OF ANY CLAIM BROUGHT BY SUCH AN AGENCY.
ANY CLAIM MAY, AT THE OPTION OF EITHER LEAD SURGE OR MYSELF, BE ADJUDICATED BY FINAL AND BINDING ARBITRATION BY ONE ARBITRATOR IN ACCORDANCE WITH THE CODE OF PROCEDURE OF THE FORUM (“FORUM”) IN EFFECT AT THE TIME THE DEMAND FOR ARBITRATION IS MADE. NOTICE OF THE DEMAND FOR ARBITRATION SHALL BE FILED WITH FORUM BY THE PARTY ASSERTING THE CLAIM, AND THE DEMAND SHALL BE COPIED TO THE OTHER PARTY TO OUR AGREEMENT. FURTHER INFORMATION MAY BE OBTAINED AND CLAIMS MAY BE FILED AT ANY OFFICE OF FORUM, WWW.ADRFORUM.COM, OR BY MAIL AT 6465 WAYZATA BLVD., SUITE 480 MINNEAPOLIS, MN 55426 ATTN: CASE COORDINATOR. IF FORUM IS UNABLE OR UNWILLING TO ARBITRATE THE CLAIM, THE PARTIES SHALL UTILIZE JAMS, 620 EIGHTH AVENUE, 34TH FLOOR, NEW YORK, NY 10018, WWW.JAMSADR.COM, (800) 352-5267. IF JAMS IS UNABLE OR UNWILLING TO ARBITRATE THE CLAIM, THEN THE COURT MAY APPOINT AN ARBITRATOR.
THE DEMAND FOR ARBITRATION SHALL BE MADE BY THE PARTY ASSERTING OR COMPELLING THE ARBITRATION WITHIN A REASONABLE TIME AFTER THE CLAIM IN QUESTION HAS ARISEN, AND IN NO EVENT SHALL THE DEMAND BE MADE AFTER THE DATE WHEN INSTITUTION OF LEGAL OR EQUITABLE PROCEEDINGS BASED ON SUCH CLAIM WOULD BE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS. IF A PARTY FILES A LAWSUIT IN COURT ASSERTING CLAIM(S) THAT ARE SUBJECT TO ARBITRATION AND THE OTHER PARTY FILES A MOTION WITH THE COURT TO COMPEL ARBITRATION, WHICH IS GRANTED, IT WILL BE THE RESPONSIBILITY OF THE PARTY ASSERTING THE CLAIM(S) TO COMMENCE THE ARBITRATION PROCEEDING. THE ARBITRATION SHALL BE HELD AND ARBITRATED IN NORFOLK COUNTY, MASSACHUSETTS.
THE SALE TRANSACTIONS (IF ANY) UNDER OUR AGREEMENT INVOLVE INTERSTATE COMMERCE AND ARE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). ACCORDINGLY, THIS PROVISION IS GOVERNED BY THE FAA, 9 U.S.C. SECTIONS 1 ET SEQ. THE APPOINTED ARBITRATOR MUST BE A LAWYER WITH AT LEAST TEN YEARS OF LEGAL EXPERIENCE. ONCE APPOINTED, THE ARBITRATOR MUST APPLY THE SAME FEDERAL LAW OR THE LAW OF THE STATE OF MASSACHUSETTS FOR SUBSTANTIVE LAW AND LAW OF REMEDIES AND LEGAL PRINCIPLES, CONSISTENT WITH THE FAA, THAT WOULD APPLY IN COURT, BUT MAY USE DIFFERENT PROCEDURAL RULES. PARTICIPATION BY ANY PARTY IN THE ARBITRATION MAY TAKE PLACE BY TELEPHONE. IF THE ARBITRATION FORUM’S RULES CONFLICT WITH THIS PROVISION, THIS PROVISION WILL CONTROL.
ANY CLAIM MAY, AT THE OPTION OF THE PARTY RECEIVING THE DEMAND FOR ARBITRATION (THE PARTY NOT ASSERTING THE CLAIM) BE FIRST SUBMITTED TO A NON-BINDING MEDIATION PROCESS GOVERNED BY THE THEN-APPLICABLE RULES OF MEDIATION ESTABLISHED BY THE ARBITRATION FORUM. THE MEDIATION SHALL BE ELECTED WITHIN SEVEN DAYS OF RECEIPT OF THE DEMAND FOR ARBITRATION AND COMPLETED WITHIN THIRTY DAYS THEREAFTER. THE MEDIATION ITSELF SHALL NOT LAST MORE THAN FOUR HOURS, AND THE COSTS OF THE MEDIATION, OTHER THAN LEGAL FEES, WHICH ARE TO BE BORNE BY EACH PARTY, SHALL BE PAID ENTIRELY BY THE PARTY ELECTING THE MEDIATION.
THE PARTIES SHALL SHARE EQUALLY IN ANY APPLICABLE FILING FEES AND COSTS OF THE ARBITRATION, UNLESS I CAN REASONABLY ESTABLISH TO LEAD SURGE THAT I AM FINANCIALLY BURDENED BY PAYING THE INITIAL CASE OR FILING FEES OF THE ARBITRATION, IN WHICH CASE, LEAD SURGE SHALL BE RESPONSIBLE FOR THE INITIAL CASE OR FILING FEES. THE FINDINGS OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON ALL PARTIES TO THIS AGREEMENT, AND MAY INCLUDE AN AWARD OR REIMBURSEMENT OF FILING FEES THAT HAVE BEEN PAID BY ONE PARTY OR THE OTHER. OTHER THAN AS REQUIRED BY LAW OR AS DETERMINED BY THE ARBITRATOR IN ACCORDANCE WITH APPLICABLE LAW, EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN LEGAL FEES.
ANY ARBITRATION PROCEEDING BROUGHT UNDER THIS PROVISION, AND ANY AWARD, FINDING, OR VERDICT OF OR FROM SUCH PROCEEDING SHALL REMAIN CONFIDENTIAL BETWEEN THE PARTIES AND SHALL NOT BE MADE PUBLIC. WE SHALL ALLOW AND PARTICIPATE IN DISCOVERY IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE FOR A LIMITED PERIOD OF NINETY (90) DAYS AFTER THE FILING OF THE ANSWER OR OTHER RESPONSIVE PLEADING. UNRESOLVED DISCOVERY DISPUTES MAY BE BROUGHT TO THE ATTENTION OF, AND MAY BE DISPOSED BY, THE ARBITRATOR. EITHER LEAD SURGE OR I MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION, IF NECESSARY, TO COMPEL ARBITRATION UNDER THIS PROVISION, TO OBTAIN PRELIMINARY RELIEF IN SUPPORT OF A CLAIM TO BE ADJUDICATED BY ARBITRATION, OR TO ENFORCE AN ARBITRATION AWARD. A JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. IF ANY TERM OR CLAUSE OF THIS PROVISION IS FOUND TO BE UNENFORCEABLE OR IN VIOLATION OF APPLICABLE STATE LAW, WE SHALL TREAT THIS PROVISION AS IF THAT TERM OR CLAUSE DID NOT EXIST, AND THE REMAINDER OF THIS PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT, OTHER THAN AS DISCUSSED PREVIOUSLY IN REGARD TO THE WAIVER OF CLASS OR REPRESENTATIVE ACTIONS BEING APPEALABLE.
NO ARBITRATION PROCEEDING BROUGHT UNDER THIS PROVISION SHALL INCLUDE BY CONSOLIDATION, JOINDER, OR IN ANY OTHER MANNER ANY OTHER PERSON OR ENTITY WHO IS NOT A PARTY TO THIS AGREEMENT UNLESS (I) THE INCLUSION OF SUCH PERSON OR ENTITY IS NECESSARY IF COMPLETE RELIEF IS TO BE AFFORDED AMONG THOSE WHO ARE ALREADY PARTIES TO THE ARBITRATION, AND/OR SUCH OTHER PERSON OR ENTITY IS SUBSTANTIALLY INVOLVED IN A QUESTION OF LAW OR FACT THAT IS COMMON TO THOSE WHO ARE ALREADY PARTIES TO THE ARBITRATION AND THAT WILL ARISE IN SUCH PROCEEDING; AND (II) THE WRITTEN CONSENT OF THE OTHER PERSON OR ENTITY SOUGHT TO BE INCLUDED AND THE WRITTEN CONSENT OF EACH PARTY TO THIS AGREEMENT HAS BEEN OBTAINED FOR SUCH INCLUSION.
WE ARE HEREBY AGREEING TO CHOOSE ARBITRATION, RATHER THAN LITIGATION OR SOME OTHER MEANS OF DISPUTE RESOLUTION TO ADDRESS OUR GRIEVANCES OR ALLEGED GRIEVANCES WITH THE EXPECTATION THAT THIS RESOLUTION PROCESS MAY BE MORE COST-EFFECTIVE AND EXPEDIENT FOR THE PARTIES THAN LITIGATION. BY ENTERING INTO THIS AGREEMENT AND THE ARBITRATION PROVISIONS OF THIS SECTION, BOTH PARTIES ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION, EXCEPT THAT IF THERE IS A SMALL CLAIMS COURT (OR AN EQUIVALENT TYPE OF COURT) LOCATED WITHIN THE COUNTY AND STATE IN WHICH I RESIDE, THEN I MAY, IN ACCORDANCE WITH THE RULES OF THAT SMALL CLAIMS COURT, CHOOSE TO BRING (AND MUST THEN KEEP) MY OWN CLAIM IN THAT SMALL CLAIMS COURT
This policy was modified on June 3, 2024.