Terms

Updated Oct 30, 2023

These Cultivate Advisors Terms and Conditions (“Terms & Conditions”) are between Cultivate Advisors LLC (the “Advisor”) and the person, company, or entity (“Company”) engaging Advisor by placing an order (“Order”) for business advising services from the Advisor. The Advisor and Company are collectively referred to herein as the “Parties”, and individually as a “Party”. These Terms & Conditions combined with the Order (collectively the “Agreement”) are deemed effective, upon the Advisor emailing a copy of the executed Order and Terms & Conditions to the Company (the “Effective Date”).

1. SCOPE OF SERVICES – Advisor may provide business advising services such as business skill training, coaching, fractional implementation, and advising for the purpose of helping the Company grow their business as described in the Order (the “Services”). The Parties recognize that although the Company may have contracted with Advisor for a specific business goal (such as doubling sales, reducing overhead by 10% or increasing productivity of 50%) the Advisor does not guarantee the achievement of any particular business goal. In connection with the Services or on a stand-alone basis, Advisor may also provide certain advisory and training materials, documentation, and content, whether printed or available on the Advisor’s proprietary online platform (“Advisor Platform”), or in written, audio or video-format (collectively “Advisor Materials”).
2. ADVISOR PLATFORM. Each monthly subscription to the Services includes access to the Advisor Platform. In all cases, Company’s access to and use of the Advisor Platform is governed by the Advisor Platform Terms of Use available at my.cultivateadvisors.com/terms-of-use/ (the “Platform Terms”). Advisor reserves all rights in and to the Advisor Platform not expressly granted to Company. 
3. ADVISOR MATERIALS – Advisor hereby grants to Company during the Term (as defined in the Order), a limited, revocable, non-exclusive, non-sublicensable right to access and use the Advisor Materials for its own internal business purposes in strict compliance with this Agreement. Without limiting the foregoing, Company is permitted to use, copy, distribute, and/or modify Advisor Materials that are created or customized by Advisor specifically for Company (“Customized Materials”). Company may not, and will not permit any third party to: (a) resell, license, or provide unauthorized access to the Advisor Materials, (b) copy, reproduce, modify, adapt, translate, or otherwise create derivative works of Advisor Materials that are not Customized Materials; (c) use the Advisor Materials in a manner that violates applicable laws, regulations, or ordinances; (d) rent, lease, sell, assign, or otherwise transfer rights in or to the Advisor Materials; or (e) remove any copyright or other notice of Advisors placed on the Advisor Materials. The Advisor Materials are the protected intellectual property of Advisor, and no rights are transferred in the Advisor Materials except as expressly provided in this Agreement.
4. TERM – The term of the Agreement shall be set forth in the applicable Order (“Initial Term”) and varies by the type of service or products within the Order. For monthly subscriptions to the Services, the Term will auto-renew on a monthly basis until either Party sends the other Party a notice of non-renewal thirty (30) days prior to expiration. To be clear, upon submitting notice, one additional billing will take place. 
5. TERMINATION AND CANCELATION – Notwithstanding anything herein to the contrary, the Advisor may cancel this Agreement or suspend Services or access to the Advisor Platform or the Advisor Materials at any time if the Company fails to make any payment, or a portion thereof, when due or breaches Section 2 of this Agreement. Further notwithstanding anything herein to the contrary, after Initial Term, either Party may terminate this Agreement with thirty (30) days’ prior written notice to the other Party. All termination notices sent hereunder by Company must be submitted via the Advisor Platform. For termination or cancellation assistance, please reach out to us by email at [email protected]. All termination requests must be completed on the Advisor Platform to be effective.
   If Company terminates this Agreement, or if Advisor terminates this Agreement for Company’s breach, prior to expiration of the Term, Company is required to pay Cultivate Advisors all amounts for the Services through the effective date of termination plus fifty percent (50%) of remaining amounts that would have been owed for the duration of the Term had such Order not been terminated.
6. PAYMENT
   1. Fees – Company will pay those fees outlined in the Order. Payments are due on a monthly basis and shall be automatically drawn from Company’s credit card or directly debit Company’s bank account using the credit card or ACH information provided by Company. In some cases, Advisor may issue invoices for fees due under this Agreement; each invoice is due upon receipt. Company will provide Advisor with accurate and complete billing information including legal name, address, telephone number, and credit card or ACH billing information. If such information is false or fraudulent, Advisor reserves the right to terminate provision of the Services, in addition to seeking any other legal remedies. Advisor is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Advisor. Advisor will email to Company a receipt for all fees and expenses charged under this Agreement. 
   2. Renewal Date – In the event you have processed your Order after the 22nd of any month, Advisor will automatically move your renewal back to the 22nd to allow enough time to process payment before month end.
   3. Late Payments – If a payment bounces or is late by more than 15 days, late fees will be added at the lesser of one and a half percent (1.5%) per month or the maximum amount permitted by law. Advisor reserves the right to suspend the Services if any amounts are past due; there shall be no abatement of fees during such period of suspension.
   4. Expenses Incurred in Collections – The Company is responsible for and will indemnify Advisor for all costs and expenses of Advisor collecting any amounts owing to it by Company, including all court costs and attorney fees. 
   5. Billing Disputes – Each charge will be considered valid unless disputed in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. 
   6. Taxes – Advisor will collect and remit those taxes from Company which are required by law, but Company may be responsible for additional Taxes not collected by Cultivate. All fees are exclusive of, and Company shall pay, any sales, use, ad valorem, and other taxes and similar charges applicable to the transactions contemplated by this Agreement, except for taxes for which Advisor is responsible. 
   7. Order Amendments – From time to time, the Parties may agree to amending the applicable Order and the billing under this Agreement will be changed to reflect the terms of the amended Order which may, amongst other things, add or decrease the cost of a monthly subscription service.
7. SESSION LOCATION AND SCHEDULING — All Services by Advisor under this Agreement will be performed at an agreed upon location or by video conferencing. Scheduled consulting sessions with Advisor must be attended or will be deemed forfeited. Consulting sessions forfeited by the Company may incur a cancellation fee unless the Company provides to Advisor seven (7) days’ prior written notice of the need to reschedule a session. Video conferencing sessions may be recorded, and such recordings may be used by Advisor to support Company. Company may opt-out of such recordings at the beginning of any such video-conferencing session. 
8. USER CONTENT – The Company may be able to share its own content, resources, and branding (“Company Content”) with Advisor, Company’s employees, or other users. Company retains all intellectual property rights in, and is responsible for, all Company Content.  To the extent Company provides Advisor with Company Content, Company grants to Advisor royalty-free, perpetual, sublicensable, transferable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works of, publicly perform, publicly display, and otherwise use the Company Content in connection with this Agreement. Notwithstanding the foregoing, Advisor shall not use Company Content for the benefit of any third party, including any competitor of the Company. Company shall defend, indemnify and hold the Advisor harmless from and against any all suits, claims, expenses, and liability (including court costs and attorney’s fees on a full indemnity basis) which may result from Advisor’s use of the Company Content as permitted under this Agreement. Nothing in this Section shall diminish the Parties’ obligations with respect to Confidential Information (as defined below). 
9. INDEPENDENT CONTRACTOR – This Agreement shall not constitute an employer-employee relationship between Advisor and Company. It is the intention of the Parties that the Advisor shall be at all times an independent contractor of the Company and will not have authority to act as an agent of the Company.
10. NO HIRING OF ADVISORS – TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AGREES NOT TO HIRE, OR TO CAUSE ANY THIRD PARTY TO HIRE, ANY EMPLOYEE OF THE ADVISOR FOR A PERIOD OF TWO (2) YEARS FROM THE EFFECTIVE DATE. THE PARTIES RECOGNIZE THAT (i) ADVISOR’S REPUTATION DEPENDS ON RETAINING QUALITY, TALENTED EMPLOYEES; (ii) THE LOSS OF ANY EMPLOYEE MAY ADVERSELY AFFECT PROJECTS THE ADVISOR HAS CONTRACTED FOR; AND (III) THE LOSSES TO ADVISOR’S BUSINESS AND REPUTATION WILL BE LARGE. CONSEQUENTLY, THE PARTIES AGREE THAT IF COMPANY BREACHES THIS SECTION BY HIRING AN EMPLOYEE OF ADVISOR, ACTUAL DAMAGES MAYBE BE DIFFICULT TO PROVE, AMD THE PARTIES AGREE THAT THE COMPANY SHALL PAY TO ADVISOR, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, $300,000.00 USD PER EMPLOYEE SO HIRED, WHICH AMOUNT THE PARTIES AGREE IS A GENUINE AND REASONABLE PRE-ESTIMATE OF THE DAMAGES ADVISOR WILL SUFFER AND IS NOT A PENALTY UNDER THE CIRCUMSTANCES. IN THE EVENT THAT COMPANY HAS MADE ADVISOR’S SERVICES AVAILABLE TO ANY THIRD PARTY, SUCH THIRD PARTY SHALL BE DEEMED TO BE COMPANY FOR PURPOSES OF THIS SECTION AND ANY HIRING OF AN ADVISOR EMPLOYEE BY SUCH THIRD PARTY SHALL BE DEEMED TO BE HIRING OF SUCH EMPLOYEE DIRECTLY BY COMPANY.
11. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION – Both Parties shall maintain as secret and confidential all information heretofore or hereafter acquired, developed, or used by each other in relation to their respective businesses (all such information, other than the specific exceptions described below in this Section, is hereinafter referred to as “Confidential Information”). Confidential Information of Advisor includes the Advisor Materials. The Parties recognize that, by performing the services under this Agreement, one Party may acquire Confidential Information of the other Party. All such Confidential Information is the property of the owning Party, and the Parties agree that: (i) they shall never disseminate any Confidential Information obtained during the Term of this Agreement without the written consent of the other Party; (ii) they shall exercise all diligent precautions to protect the integrity of Confidential Information; and (iii) upon termination of this Agreement to return the Confidential Information of the other Party in its possession.  The restrictions set forth in this Section shall not apply to any part of the Confidential Information which: (i) is, at the time it is received, a part of the public domain or thereafter becomes a part of the public domain through no violation of this Agreement; or (ii) was in the lawful possession of the recipient prior to its disclosure and was not then subject to any obligation of confidence under this Agreement.
12. USE OF COMMERCIAL ELECTRONIC MESSAGES FOR DELIVERY – Company gives consent to Advisor for Company to receive Commercial Electronic Messages (CEMs) such as emails for delivery of services.  Additionally, Company gives consent to Advisor for Company to receive CEMs to keep Company apprised of developments and changes in business related matters, such as newsletters and other information or interest, as well as to invite Company to Advisor events.  Please unsubscribe from Advisor emails to withdraw consent to receive CEMs.
13. NO LIABILITY AND INDEMNIFICATION – In the absence of willful misconduct on the part of Advisor, the Advisor (and its officers, directors, employees, stockholders or creditors) shall not be liable to the Company (or to any of its officers, directors, employees, stockholders or creditors) for any act or omission in the course of, or in connection with, the provision of the Services or access to the Advisor Platform or Advisor Materials, or the provision of any other advice, assistance or consulting services under this Agreement. Further, the Company agrees to and shall defend, indemnify, and hold the Advisor harmless from and against any and all suits, claims, expenses, and liability (including court costs and attorney’s fees on a full indemnity basis) which may result from any activities pursuant to or in connection with this Agreement, including without limitation, as described in the first sentence of this Section 14. For the sake of clarification, this indemnification shall include claims for indirect, incidental, consequential, special, or punitive damages and lost profits. The acts and statements made by a Party to any third parties are the sole responsibility of such Party who shall indemnify the other Party therefor under the terms of Section 14 with respect to all suits, claims, expenses, and liability (including court costs and attorney’s fees on a full indemnity basis) which may result from  such acts, statements, and representations.
14. MISCELLANEOUS
    1. Benefit of Agreement – This Agreement shall inure to the benefit of and be binding upon the Parties hereto, and their respective legal representatives, administrators, executors, successors, subsidiaries, and affiliates.
    2. Insolvency – Either Party may declare this Agreement immediately terminated upon the occurrence of any of the following events: (i) the other Party becomes insolvent, makes an assignment for the benefit of its creditors, or has a receiver appointed over it or its assets; (ii) if bankruptcy or insolvency proceedings are commenced against the other Party; or (iv) if the other Party is liquidated, dissolved, or ceases operations.
    3. Promotional Rights – Advisor may list the Company as one of its clients on its webpage or in any other marketing materials. Company may opt out of this by emailing [email protected].
    4. Governing Law – this Agreement shall be governed by the laws of the State of Illinois, without any application of the principles of conflicts of laws. Any dispute regarding this Agreement shall be resolved in State Circuit Court of Cook County. The prevailing Party to such litigation, as determined by the court, shall be entitled to recoup their attorneys’ fees and court costs from the non-prevailing Party on a full indemnity basis.
    5. Assignment – Neither Party may assign this Agreement without the written permission of the other Party.
    6. Severability – In the event of the invalidity or unenforceability of any provision of this Agreement, such invalidity shall not affect the validity of the other provisions hereof.
    7. Modification – These Terms may be updated from time to time. Notwithstanding any such update, the terms in place as of the date of an applicable Order shall continue to govern the provision of Services under the applicable Order unless otherwise agreed by the parties in writing.
    8. Continuing Effect – Sections 3 through 15 shall survive termination of the Agreement for an indefinite period.
    9. Entire Agreement – These Terms & Conditions together with the Order, constitute the entire agreement between the Parties and no promises, guarantees or inducements have been made regarding the provision of any services, other than as contained in these Terms & Conditions and the Order.

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Privacy Policy

PRIVACY POLICY

Effective Date: April 20, 2020

This “Privacy Policy” describes how HFI Consulting LLC and our subsidiaries and affiliates (collectively, “Cultivate Advisors”, “we”, “us”, or “our”) collect, use, and share your personal information in connection with the https://www.cultivateadvisors.com/ website and any other digital properties that link to this Privacy Policy (collectively, the “Site”), our marketing communications, and any related services, sales, marketing, or events (together with the Site, the “Service”), and the rights and choices available to individuals with respect to their information.

1. COLLECTION OF PERSONAL INFORMATION

1.1.    Personal information you provide to us.  Personal information you may provide to us through the Service or otherwise includes:

• Contact details, such as your first and last name, email address, mailing address, residence, postal code, and phone number.
• Business data, such as such as the company you work for, company description, company website, and job title.
• Profile data, such as your username, profile picture, birthday, industry, social media handles, and password that you set to establish an online account with us.
• Communications that we exchange, including when you contact us with questions, feedback, or otherwise.
• Payment and transactional data, such as the information needed to complete your orders and registrations on or through the Service (including name, credit card information, bank account number, billing and shipping information), and information about services you have purchased from us.
• Marketing data, such as your preferences for receiving communications about our products, services, activities, events, and publications, and details about how you engage with our communications.
• Other information that we may collect which is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

 

1.2.    Personal information from other sources. We may obtain personal information about you from other sources, such as:

• Data providers, such as information services and data licensors.
• Public sources, such as social media platforms.
• Business partners, such as joint marketing partners and event co-sponsors.

 

1.3.    Personal information from third party platforms. If you connect or otherwise sign into the Service through a social media or other third party platform, such as Google, we may collect information from that platform.  You may also have the opportunity to provide us with additional information via the third party platform, such as a list of your friends or connections and your email address.  You can read more about your choices in connection with linked third party platforms in the “Your Choices” section, below.

 

1.4.    Personal information collected automatically. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your activity over time on our Service and other sites and online services, such as:

• Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, the website you visited before browsing to our website, and general location information such as city, state or geographic area.
• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.

 

1.5.    Cookies and similar technologies. Like many online services, we use cookies and similar technologies to facilitate our automatic data collection.  For more information, see our Cookie Policy.

 

1.6.    Personal information about others. Users of the Service may have the opportunity to refer colleagues or other contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so.

 

2. USE OF PERSONAL INFORMATION

We may use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

2.1.    To provide our products and services.  For example, we may use your personal information to:

• provide you with the content, features, products and services that you request;
• establish and maintain your account on the Service;
• process your transactions;
• communicate with you about the Service (including by sending announcements, updates, security alerts, and support and administrative messages);
• display your content or share your information with other companies or users;
• understand your interests, personalize your experience on the Service, and deliver information about products and services relevant to your interests;
• respond to your inquiries and requests for customer support, including to investigate and address your concerns and monitor and improve our responses; and
• enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in.

 

2.2.    For research and development.  We use personal information to understand and analyze the usage trends and preferences of our users to make our Service and other offerings better and develop new features and functionality.

 

2.3.    To create anonymous data.  We may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

 

2.4.    For marketing and advertising.  We, our business partners and our third party advertising partners may collect and use your personal information for direct marketing and interest-based advertising purposes.

• Direct marketing.  We may send you Cultivate Advisors-related or other direct marketing communications as permitted by law.  You may opt-out of our marketing communications as described in the “Opt-out of marketing communications” section below.
• Interest-based advertising.  We also contract with third-party advertising companies and social media companies to display ads on our Service and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data and online activity data described above) over time across our Service and other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you. You can learn more about your choices for limiting interest-based advertising, in the “Advertising choices” section below.

 

2.5.    To comply with laws and regulations.  We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

 

2.6.    For compliance, fraud prevention, safety.  We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of our Service, products and services, business, databases and other technology assets; (b) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Service; and (e) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

 

2.7.    With your consent.  In some cases we may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law.

 

3. SHARING OF PERSONAL INFORMATION

We may share your personal information with the following third parties and as otherwise described in this Privacy Policy or at the time of collection:

3.1.    Related companies.  Our subsidiaries and affiliates, for purposes consistent with this Privacy Policy.

3.2.    Business transferees.  If we sell all or part of its business or make a sale or transfer of assets or are otherwise involved in a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Cultivate Advisors or our affiliates (including, in connection with a bankruptcy or similar proceedings), we may transfer your personal information to a third party as part of that transaction, including at the negotiation stage.

3.3.    Authorities and others.  Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate to comply with law or for the compliance, fraud prevention and safety purposes described above.

3.4.    Service providers.  Companies and individuals that perform services on our behalf that provide services on our behalf or help us operate the Service or our business.  Among other things service providers may help us perform website hosting, maintenance services, database management, web analytics, billing, payment processing, fraud protection, or marketing.

3.5.    Advertising partners.  Third party advertising companies that collect information about your activity on the Service and other online services to help us advertise our services, and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.

3.6.    Business partners.  Our business partners, such as those that have joined our programs, participate in our events, or jointly offer content, promotions and other service offerings with us.

3.7.    Third Party Platforms. Social media and other third party platforms that you connect to the Service.  When you choose to login using or otherwise connect these platforms to the Service, we will share your personal information to facilitate the connection.  Please note, we do not control the third party’s use of your personal information and you should review the privacy policy of the entities that provide these platforms.

3.8.    Other Users and the Public.  The Service may provide you with the opportunity to post or make available content, messages, and other information to other users of the Service or the public.  For example, you may be able to post your content in a forum on the Service or participate in a message board.  We do not control how other users or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.

3.9.    Professional Advisors.  We may disclose your personal information to our professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

4. YOUR CHOICES

You can make the following choices with respect to your personal information.

4.1.    Access or update your personal information.  If you have registered for an account with us, you may review and update certain account information by logging into your account.

 

4.2.    Opt-out of marketing communications.  You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at [email protected].  You may continue to receive service-related and other non-marketing emails.  If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message.

 

4.3.    Third party platforms.  If you choose to connect to the Service through your account on a third party platform like Google, you may be able to use your settings in your account with that platform to limit the information we receive from it.  If you revoke our ability to access information from a third party platform, that choice will not apply to information that we have already received from that third party.

 

4.4.    Cookies.  Most browsers let you remove and/or stop accepting cookies from the websites you visit.  To do this, follow the instructions in your browser’s settings.  For more details, see the “Your Choices” section of our Cookie Policy.

 

4.5.    Advertising choices. You may opt-out of interest-based advertising. For more details, see the “Your Choices” section of our Cookie Policy.

4.6.    Do Not Track.  Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit.  We currently do not respond to “Do Not Track” or similar signals.  To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

 

4.7.    Declining to provide information. We need to collect personal information to provide certain services.  If you do not provide the information requested, we may not be able to provide those services.

 

5. SECURITY

No method of transmission over the Internet, or method of electronic storage, is fully secure.  While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information.

6. OTHER SITES AND SERVICES

The Service may contain links to other websites and online services operated by third parties.  These links are not an endorsement of, or representation that we are affiliated with, any third party.  In addition, our content may be included on web pages or online services that are not associated with us.  We do not control third party websites or online services, and we are not responsible for their actions.  Other websites and services follow different rules regarding the collection, use and sharing of your personal information.  We encourage you to read the privacy policies of the other websites and online services you use.

7. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

Cultivate Advisors is based in the United States of America.  If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from U.S. law and you provide personal information to us, please note that any personal information that you provide to us may be transferred to the United States of America.  By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any applicable terms of service.

8. CONTACTING US

Please direct any questions or comments about this Policy or privacy practices to [email protected].  You may also write to us via postal mail at:

HFI Consulting LLC
Attn: Privacy
549 West Randolph, Suite 400
Chicago, IL 60661
United States

9. NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with Cultivate Advisors are entitled to ask us once a year for information regarding the personal information we have shared, if any, with third parties for their direct marketing purposes.  If you are a California resident and would like to submit such a request, please submit your request in writing to the address listed in the section titled “CONTACTING US” above and include the words “Shine the Light” in your correspondence.  The request must include your name, street address, city, state, and ZIP code and an attestation that you are a California resident.  We are not responsible for requests that are not labeled or sent properly, or that do not have complete information.

10. NOTICE TO EUROPEAN USERS

The information provided in this “Notice to European Users” section applies only to individuals in the European Union, the European Economic Area or the United Kingdom (collectively, “Europe”).

Personal information.  Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller. The controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is HFI Consulting LLC, 549 West Randolph, Suite 400, Chicago, IL 60661, United States.

Legal bases for processing.  The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it.  However, the legal bases we typically rely on are set out in the table below.  We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at [email protected].

Processing purpose (see the “USE OF PERSONAL INFORMATION” section above for details about each processing purpose)	Legal basis
To provide our products and services	Processing is necessary to perform the contract governing our operation of the Sites or the provision of the Service, or to take steps that you request prior to engaging our services.  Where we cannot process your personal data as required to operate the Service on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or services you access and request.
For marketing and advertising	Processing is based on your consent where that consent is required by applicable law. Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business, and showing you tailored relevant content.
For research and development To create anonymous data For compliance, fraud prevention and safety	These activities constitute our legitimate interests.
To comply with laws and regulations	Processing is necessary to comply with our legal obligations.
With your consent	Processing is based on your consent.  Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service.

 

Use for new purposes.  We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it.  If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Sensitive personal information.  Unless we specifically request it, we ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us.

Retention.  We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.  When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Your rights.  European data protection laws give you certain rights regarding your personal information.  You may ask us to take the following actions in relation to your personal information that we hold:

• Access.  Provide you with information about our processing of your personal information and give you access to your personal information.
• Correct.  Update or correct inaccuracies in your personal information.
• Delete.  Delete your personal information.
• Transfer.  Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• Restrict.  Restrict the processing of your personal information.
• Object.  Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to [email protected] or our postal address provided in the “CONTACTING US” section above.  We may request specific information from you to help us confirm your identity and process your request.  Applicable law may require or permit us to decline your request.  If we decline your request, we will tell you why, subject to legal restrictions.  If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.  You can find your data protection regulator here.

Cross-Border Data Transfer.  If we transfer your personal information out of Europe to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so.  Please contact us at [email protected] for further information about any such transfers or the specific safeguards applied.

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