Effective Date: This Agreement was last updated on October 1, 2020
This Agreement sets forth the standards of use for the www.digitalconcierge.us website (the “Website”). This Agreement is intended to apply broadly and it governs any and all access and use of the Website, the information or content contained on the Website, and all aspects of the Service (defined below).
By using the Website, you (“you” or “your”) agree to this Agreement. If you do not agree to this Agreement, you may not use the Website.
THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND GOVERNS YOUR ACCESS TO AND ALL USE OF THE WEBSITE AND THE INFORMATION OR CONTENT CONTAINED ON IT, AND ANY OF THE SERVICES (DEFINED BELOW). BY ACCESSING OR USING THE WEBSITE AND/OR THE INFORMATION OR CONTENT CONTAINED ON IT, AND/OR ANY SERVICE (DEFINED BELOW), YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST 18 YEARS OLD, AND (3) YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE AND/OR THE INFORMATION OR CONTENT CONTAINED ON IT, AND/OR ANY SERVICE (DEFINED BELOW) IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE AND/OR THE INFORMATION OR CONTENT CONTAINED ON IT, AND/OR ANY SERVICE (DEFINED BELOW).
Certain features of the Website may be subject to additional terms that will be provided on the Website in connection with such features. Any and all such additional terms are incorporated by reference into this Agreement. In the event of a conflict between the additional terms and any provision in this Agreement, the additional terms will prevail, but only with respect to the Website and/or any Service (defined below) to which the additional terms apply. Use of the Website is also governed by the Terms and Conditions of any Agreement and/or Service Agreement you may have entered into with Digital Concierge. Your continued use of the Website and/or the content or information contained on it and/or any Service (defined below) is an acknowledgement and acceptance that neither Digital Concierge, nor any of its past, present, or future affiliates or subsidiaries and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives (all of whom are third-party beneficiaries of the Agreement and are collectively referred to as the “Digital Concierge Entities”) is a party to any Agreement you may enter into with Digital Concierge. Your continued use of the Website and/or any Service (defined below) is an acknowledgement and acceptance by you that the Digital Concierge Entities are not responsible for any acts or omissions related in any way to your use of the Website or any Service (defined below).
Digital Concierge reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted in the Website. Your continued use of the Website and/or any Service (defined below) after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description Of Service
Through the Website, Digital Concierge is providing you with information about products and services offered by Digital Concierge, including without limitation, search engine optimization (“SEO”), link building, search engine optimized press release service, search engine visibility and premium listings services, digital advertising, content creation and design, Branding, website design and hosting, reputation management, review management, and social media management (“Services”); (a) the ability to schedule appointments with Digital Concierge; (b) provide information to and complete forms regarding digital marketing; (c) enter into and use benefits under any Agreement, and/or Service Agreement entered into with Digital Concierge; (d) purchase of digital marketing services, products and tools; (f) view information about Digital Concierge; (g) complete customer satisfaction surveys; (h) view opportunities to apply for employment with Digital Concierge; and/or (i) apply for job openings at Digital Concierge. (collectively the “Service”).
You must (1) provide all equipment necessary for accessing the Website, (2) provide for your access to the Internet to use the Website, and (3) pay any fees related with such Internet or equipment.
Disclaimer Of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE INFORMATION OR CONTENT CONTAINED ON IT AND/OR ANY SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY CONTENT OR INFORMATION PROVIDED ON IT AND/OR ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE DIGITAL CONCIERGE ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, THE INFORMATION CONTAINED ON IT AND/OR ANY SERVICE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE DIGITAL CONCIERGE ENTITIES DO NOT WARRANT THAT THE WEBSITE, ANY CONTENT PROVIDED BY IT AND/OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE AND/OR THE INFORMATION CONTAINED ON IT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGITAL CONCIERGE OR ITS AUTHORIZED REPRESENTATIVES OR ANY EMPLOYEE AT DIGITAL CONCIERGE WILL CREATE A WARRANTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DIGITAL CONCIERGE, THROUGH THE WEBSITE, THE INFORMATION CONTAINED ON IT AND/OR THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE FOREGOING EXCLUSIONS SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND/OR THE INFORMATION AND CONTENT PROVIDED BY IT AND/OR ANY SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, AND THEREFORE IN SUCH INSTANCES, THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE.
Limitation Of Liability
YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DIGITAL CONCIERGE ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE DIGITAL CONCIERGE ENTITIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE, THE INFORMATION CONTAINED ON IT, OR ANY SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE DIGITAL CONCIERGE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
You agree to indemnify and hold the Digital Concierge Entities harmless from any claims, demands, liabilities, damages, losses, and expenses, including, without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of or connected in any way with your use of the Website, any information or content provided on it, any Service, any service or product provided by or purchased from Digital Concierge, the violation of this Agreement, using your equipment to access the Website, infringement of any intellectual property or any other right of any person or entity. The indemnification obligations under this Section shall survive the termination or expiration of this Agreement or your use of the Website and/or any Service.
Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Last Update: October 1, 2020
Purpose. This Binding Individual Arbitration Section governs all Disputes between you and any Digital Concierge Entity. The term “Disputes” is to be given the broadest possible meaning that will be enforced and means any dispute, claim, or controversy of any kind between you and any of the Digital Concierge Entities that arise out of or in any way relate to (1) your access to the Website; (2) your use of the Website; (3) the provision of content, services, and/or products on or through the Website and/or the Service; (4) any product or service provided by or purchased from Digital Concierge; and/or (5) this Agreement, including the validity, enforceability or scope of this Binding Individual Arbitration Section (with the exception of the Class Action Waiver clause below), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term “Disputes” includes claims that arose or accrued before you assented to this Agreement. If you have a Dispute with any Digital Concierge Entity that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and the Digital Concierge Entity with which you have a Dispute agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND THE DIGITAL CONCIERGE ENTITIES AGREE THAT THE ONLY DISPUTES NOT COVERED BY THIS SECTION ARE (1) CLAIMS REGARDING THE INFRINGEMENT, PROTECTION OR VALIDITY OF YOUR OR DIGITAL CONCIERGE’S TRADE SECRETS, COPYRIGHT, TRADEMARK OR PATENT RIGHTS AND (2) CLAIMS YOU CHOOSE TO PURSUE IN SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE OVER DIGITAL CONCIERGE AND YOU OTHERWISE QUALIFIES FOR SUCH SMALL CLAIMS COURT AND WHERE YOUR CLAIM DOES NOT INCLUDE A REQUEST FOR ANY TYPE OF EQUITABLE RELIEF.
Right to Opt-Out of Binding Arbitration and Class Action Waiver Within 30 Days. You have the right to opt-out and not be bound by this arbitration provision by sending written notice of your decision to opt-out to Digital Concierge at firstname.lastname@example.org . The written notice must be postmarked or emailed within thirty (30) days of the later of the date noted in the “Last Update to Section 5” or your initial log in to the Website or the Mobile Application. Your written notification must include: (1) your name, (2) your physical postal address, and (3) a clear statement that you do not wish to resolve disputes with any Digital Concierge Entity through arbitration. Otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of this arbitration provision, the Digital Concierge Entities also will not be bound by it. If you do not affirmatively elect to opt out as described above, your use of the Website and/or any Service will be deemed to be your irrevocable acceptance of this Agreement and any changes/updates to this Section.
Notice of Dispute.IF YOU HAVE A DISPUTE WITH ANY Digital Concierge ENTITY, YOU MUST FIRST SEND WRITTEN NOTICE OF THE NATURE OF THE DISPUTE TO email@example.com TO GIVE THE DIGITAL CONCIERGE ENTITY WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If the Digital Concierge Entity with which you have a Dispute does not resolve your Dispute within sixty (60) days from receipt of written notice of the Dispute, you or the Digital Concierge Entity with which you have a Dispute may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY—IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS.Any disputes, claims or controversies, whether in arbitration or court, will be conducted only on an individual basis and not on behalf of, or as part of, any purported class, consolidated, representative or private attorney general proceeding. You further agree that you shall not participate in any class, consolidated, representative or private attorney general proceeding (existing or future) brought by any third party involving a Dispute. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on you, your heirs, successors, and assigned.
Arbitration Procedures. The arbitration shall be conducted by a single arbitrator. Except as otherwise provided in this Section, the arbitration shall be governed by the rules set forth in this Agreement.
The initiating party shall bear the cost of any arbitration filing fees and arbitration fees. You are responsible for all other additional costs that you may incur in connection with the arbitration including, but not limited to attorney’s fees and expert witness costs unless Digital Concierge is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on the Digital Concierge Entities and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this Agreement and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees and expert witness costs. The Digital Concierge Entities and you understand that, absent this mandatory arbitration provision, the Digital Concierge Entities and you would have the right to sue in court and have a jury trial. The Digital Concierge Entities and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.
Confidentiality of Arbitration Proceedings. Arbitration proceedings conducted pursuant to this Section 5 shall be strictly confidential. The fact that an arbitration exists or is proceeding, the nature of the Dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this Paragraph shall not prevent the disclosure of such information (1) as may be required to your legal and financial advisors and independent accountants; (2) as may be required to any Digital Concierge Entity’s (a) legal, financial and other professional advisors, regulators, rating agencies, independent accountants, analysts, agents, and/or directors, (b) shareholders and/or affiliates and their respective officers, directors and legal, financial and other professional advisors, and/or (c) existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; and/or (3) as otherwise required to comply with any applicable law or regulation.
Location of Arbitration. You or the Digital Concierge Entity with which you have a Dispute may initiate arbitration in Stockton, California.
Severability: If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that specific clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and you and the Digital Concierge Entity with which you have a dispute each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This Section shall survive any termination of this Agreement or the provision of any Service to you.
Governing Law And Jurisdiction
THE PARTIES AGREE THAT THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTES BETWEEN YOU AND ANY DIGITAL CONCIERGE ENTITIES. ANY DISPUTE NOT SUBJECT TO ARBITRATION WILL BE LITIGATED EXCLUSIVELY BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN STOCKTON, CA.
Modifications And Interruption To Service
Digital Concierge reserves the right to modify or discontinue the Website and/or any Service at any time, with or without notice to you. The Digital Concierge Entities shall not be liable to you or any third party should Digital Concierge exercise its right to modify or discontinue the Website and/or any Service. You acknowledge and accept that Digital Concierge does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Digital Concierge’s control.
Third-Party Sites, Mobile Applications And Information
Digital Concierge does not charge a fee to transmit these text services; however, depending on your messaging plan, your mobile carrier may charge you message and data rates for each message sent to you or that you send. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your use of the Text Services.
The Text Services may not be available in all areas at all times. This means we may not be able to successfully transmit Text Services to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service to use or receive the Text Services.
Compatible carriers for Text Services include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile.
T-Mobile® is not liable for delayed or undelivered messages. .
Consent to receive the Text Services is not required as a condition of purchasing any goods or services. Text messages may be sent using an automatic telephone dialing system which do not accept incoming messages.
Security And Password; Credit Card Information
You are solely responsible for maintaining the confidentiality of your password and account. Please do not share your password or account information.
Purchases: To make a purchase on the Website, you will be required to enter your credit card information.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You represent and warrant that your credit card information is true and that you are authorized to use the credit card.
Compliance With Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website or any Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All Rights Reserved
Digital Concierge reserves all rights to all content included or available on the Website, including site design, text, graphics containing the Digital Concierge Logo, interfaces, and the selection and arrangements thereof except those related to third parties protected by their respective intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Digital Concierge is strictly prohibited. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy the Website and/or any content or information contained on it without prior written permission of an authorized officer of Digital Concierge.
Digitalconcierge.us and the Digital Concierge Logo are proprietary marks of Digital Concierge. Proprietary marks may not be used in connection with any product or service that is not provided by Digital Concierge, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Digital Concierge.
All other trademarks and/or proprietary marks displayed in the Website, if any, are the trademarks and/or proprietary marks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Digital Concierge.
Through the Website Digital Concierge is providing you with information about products and services offered by Digital Concierge, including without limitation, search engine optimization (“SEO”), link building, search engine optimized press release service, search engine visibility and premium listings services, digital advertising, content creation and design, Branding, website design and hosting, reputation management, review management, and social media management (“Services”), along with (a) the ability to schedule appointments with Digital Concierge; (b) provide information to and complete forms with Digital Concierge regarding products and/or services; (c) purchase digital marketing services, products, and tools from Digital Concierge; (d) view information about Digital Concierge; (e) complete customer satisfaction surveys; (f) view opportunities to apply for employment with Digital Concierge; and/or (g) apply for job openings at Digital Concierge (collectively, the “Service”).
Digital Concierge may collect information about you directly from you and from third parties, as well as automatically through your use of the Website and/or Service.
Information collected directly from you:
When you use the Website and/or Service, certain areas or features may require you to provide personal information. If you book an appointment, Digital Concierge collects your name, email address, phone number, business information, etc. (“Personally Identifiable Information” or “PII”), and information about your desired appointment (e.g., your desired date, time, and service(s)). If you make a purchase through the Website, Digital Concierge will collect your payment information, including your PII and billing and shipping information. Digital Concierge also collects information from you when you contact Digital Concierge. When you contact Digital Concierge, Digital Concierge requests your PII, geographic location, and information about the purpose of the contact and collects this information. Digital Concierge also collects information about you when applying for employment, including your PII, the position for which you are applying, and information concerning your qualifications, prior work experience, references, and the like when you make an inquiry or submit an application for a position with Digital Concierge through the Careers page on the Website.
Information collected from third parties:
Digital Concierge also may collect information about you from third parties. Digital Concierge may also supplement or verify information about you from a service provider.
Information collected automatically:
Digital Concierge may automatically collect the following information about your use of the Website and/or Service through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit the Website and/or use the Service; and the referring URL or the webpage that led you to the Website. Digital Concierge does not link the information that is automatically collected to any PII you submit while on the Website. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
How Your Information Is Used
Digital Concierge may use your information, including your PII, for the following purposes:
– To fulfill or meet the reason the consumer provided the information. For example, if a consumer shares their name and contact information to request a price quote or ask a question about our products or Services, we will use that PII to respond to your inquiry. If you provide your PII to purchase a product or Service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
– To provide, support, personalize, and develop our Website, products, and Services.
– To create, maintain, customize, and secure your account with us.
– To process your requests, purchases, transactions, and payments and prevent transactional fraud.
– To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
– To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
– To help maintain the safety, security, and integrity of our Website, products and Services, databases and other technology assets, and business.
– For testing, research, analysis, and product development, including to develop and improve our Website, Products, and Services.
– To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
– As described to you when collecting your PII.
– To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Digital Concierge’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which PII held by Digital Concierge about our Website users is among the assets transferred.
Notice to California Residents
Digital Concierge will not share your credit card number or any other financial information with any third party except to complete your transaction and to verify your credit card information. Digital Concierge may share your PII with third parties in the following instances:
Digital Concierge shall disclose PII when required by law or under the good-faith belief that such action is necessary under applicable law. Digital Concierge may disclose PII in order to establish or exercise its or their legal rights or defend against legal claims. Digital Concierge also may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, to protect Digital Concierge’s property or interests or that of their agents and employees, and to protect guests of Digital Concierge, personal safety, and/or the public.
Aggregate Information (non-personally identifiable):
Digital Concierge may share some aggregated demographic information (for example: age, zip codes) with some of their partners. This is not linked to any PII. Digital Concierge may use third-party advertising companies to serve ads on its/their behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness.
Third-Party Service Providers:
Digital Concierge may disclose information about individual users to third parties who provide services to Digital Concierge or have a contractual relationship with Digital Concierge. These third parties provide a variety of services to Digital Concierge, including, without limitation, managing appointment scheduling, processing and verifying credit card information, tracking internet marketing campaigns, and processing credit card transactions. In addition, these third-party services may include enhancing the information Digital Concierge collects about customers of Digital Concierge. Digital Concierge may also use third-party email providers to assist with sending marketing emails. Any PII that Digital Concierge shares with any third-party service provider may only be used to provide services to Digital Concierge and/or its customers and the service providers will not be given permission to use such information for other purposes such as contacting guests or customers of Digital Concierge.
Cookies And Other Tracking Mechanisms
Cookies are alphanumeric identifiers that Digital Concierge transfers to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow Digital Concierge to make it easier for you to navigate the Website and Service, while others are used to enable a faster log-in process or to allow Digital Concierge to track your activities at the Website and Service. There are two types of cookies: session and persistent cookies.
Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. Digital Concierge uses session cookies to allow its systems to uniquely identify you during a session or while you are logged into the Website. This allows Digital Concierge to process your online transactions and requests and verify your identity, after you have logged in, as you move through the Website.
Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. Digital Concierge uses persistent cookies to track aggregate and statistical information about user activity.
Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to the Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.
Clear GIFs, pixel tags, and other technologies:
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. Digital Concierge may use clear GIFs (a.k.a. web beacons, web bugs, or pixel tags), in connection with the Website to, among other things, track the activities of Website visitors, help Digital Concierge manage content, and compile statistics about Website usage. Digital Concierge and our third-party service providers also use clear GIFs in HTML emails to customers of Digital Concierge to help Digital Concierge track email response rates, identify when emails are viewed, and track whether emails are forwarded, for example. Third party vendors may also use pixels and tags on social media posts, ads and chatbots to track click through rates to the Digital Concierge website.
Currently, the Website does not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Networks section below.
Third-Party Ad Networks:
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by third-party companies who are NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will remove you from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through the Website or on other third-party websites. Even if you opt out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page, you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
Communications From The Website And Your Choices
Transactions and Announcements:
Users who make a purchase or book an appointment through the Website will receive a number of emails and/or text messages throughout the transaction and/or service process and they may sometimes receive phone calls from Digital Concierge to ensure smooth transactions, bookings and/or Services. Digital Concierge may also occasionally send out service-related announcements, for instance, if service on the Website is temporarily suspended for maintenance. Generally, these communications are not promotional in nature, and users will receive them as long as their accounts are open.
Special Offers, Newsletters, and Updates:
Out of respect for the privacy of users, Digital Concierge provides the option to not receive these types of communications, as explained in the Choice and opt-out section below.
Choice and opt-out:
A user can change their opt-in or opt-out status in several ways:
– From a Newsletter: Click on the “Unsubscribe” link within the email.
Digital Concierge takes reasonable precautions to protect users’ information. When users submit information via the Website, Digital Concierge takes steps to protect users’ information both online and off-line.
User Generated Content
Digital Concierge invites you to post content on the Website, including your comments, résumé, or CV, and any other information that you would like to be available on the Website. If you post content on the Website, all of the information that you post will be available to authorized personnel of Digital Concierge.
The Website may contain links to other websites maintained by third parties. Please be aware that Digital Concierge exercises no control over linked sites and the Digital Concierge Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any PII and/or other information. You hereby acknowledge and agree that the Digital Concierge Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release the Digital Concierge Entities (as defined in the Terms and Conditions) from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.