Converge Marketing, LLC is a lead generation and marketing company that connects consumers with third-party businesses. We collect and receive personal data from consumers through forms, advertising, and calls, and use that personal data to match consumers with businesses offering relevant products and services.
We collect consumer personal data through our websites, advertising campaigns, and tracked phone calls, including through websites and advertising that may be presented under different brand names. We also work with marketing and other business partners who independently collect consumer personal data and provide it to us.
In this Privacy Policy, we use the term “personal data” to refer to information that identifies or relates to an individual, including as defined under applicable privacy laws.
A “lead” is personal data associated with a consumer who expresses interest in a product or service, typically including contact information and qualifying responses. Leads may be shared with one or more clients and buyers, who may contact you about relevant products and services.
This Privacy Policy applies to personal data we process when we act as a data controller in connection with these activities. It does not apply when we process personal data solely on behalf of our clients, such as in connection with certain media buying services, where our clients control how your personal data is used.
If you do not agree with this Privacy Policy, please do not interact with our websites, respond to our advertising, or submit your information to us. Your use of our websites may also be subject to our Terms of Use. This Privacy Policy may change from time to time, so please review it periodically.
Please read this Privacy Policy before interacting with our websites or submitting personal data in response to our advertising. You can use the links below to navigate to specific sections.
- Personal Data We Collect
- Sources of Personal Data
- How We Use Your Personal Data
- How We Share Your Personal Data
- Summary of Data Practices
- Cookies and Other Tracking Technologies
- Security and Retention of Personal Data
- Deidentified Data
- Children's Information
- Your State Privacy Rights
- Your Privacy Choices
- Lead Communications and Contact Preferences
- Links to Other Websites
- United States Only Services
- Changes to This Privacy Policy
- Contact Us
We collect the following categories of personal data:
-
Contact information. Your name, email address, phone number, or postal address.
-
Lead qualification and form data. Personal data you provide when responding to our advertising or completing a web form, including your answers to eligibility or qualifying questions, your stated interests or needs, and details about the product or service you are inquiring about.
-
Call data. If you call one of our tracked phone numbers or respond to our advertising by phone, we may collect your phone number, call metadata (such as call duration, date and time, and geographic region), and, where permitted by applicable law and if within our control, call recordings and transcriptions.
-
Identifiers. IP address, device identifiers, cookie identifiers, and similar technical identifiers associated with your device or browser.
-
Device and online activity data. Personal data automatically collected when you interact with our websites or advertising, including device type, browser type and version, operating system, pages and content viewed, and your interactions with our ads and web pages.
-
Location data. General location information, such as city, state, or region, derived from your zip code, IP address, call data, or information you provide.
-
Interest and preference data. Personal data about the products or services you are interested in, your expressed preferences, and related commercial characteristics you provide or that are indicated by your inquiries.
-
Inferences and lead scores. Scores, classifications, and other inferences we derive from the data described above, including lead quality assessments and routing determinations used to match consumers with relevant businesses.
Personal Data We Collect Directly
We collect personal data directly from consumers through the following channels:
-
Web forms and landing pages. When you submit a form on one of our websites or landing pages, including websites or pages that may appear under different brand names but are operated by or on behalf of Converge, we collect the personal data you submit.
-
Third-party lead generation forms. When you submit personal data through digital advertising on third-party platforms, including social media lead generation forms and similar features, we collect the personal data you provide.
-
Advertising and engagement data. When you interact with our digital advertising, we may collect personal data about your engagement with the ad, such as clicks, impressions, and related interactions, as well as technical data associated with those interactions.
-
Phone calls. When you call one of our tracked phone numbers, including numbers featured in digital ads, direct mail, or other advertising, we collect personal data associated with that call.
Personal Data We Receive from Marketing and Business Partners
We receive personal data from marketing and other business partners that independently collect personal data from consumers and provide it to us as part of lead generation arrangements. This may include personal data obtained through situations where a consumer engages with one of our partners and their information is shared with us, or where the consumer's engagement is continued with us or one of our clients as part of the same inquiry or interaction.
Personal Data We Receive from Other Third-Party Sources
We may receive personal data from data providers, clients, and other third-party sources for purposes such as enrichment, verification, attribution, analytics, and fraud prevention. For example, we may use this personal data to verify contact details, supplement lead data, measure the effectiveness of our advertising, build and refine audience segments, or support suppression and exclusion practices. This personal data may be used to supplement, validate, or inform data we have collected directly or received from marketing partners.
Session Recording and Consent Verification
When you interact with our lead generation websites or landing pages, we may use a third-party service, Active Prospect's TrustedForm Certify Web SDK, to document and verify your consent to be contacted and to capture a record of your interaction with the page.
This technology functions as both a consent documentation tool and a session interaction capture tool. It may record certain interactions with the page where it is deployed, including the page URL, mouse movements and clicks, personal data entered into form fields, a snapshot of the page, your IP address, browser and device information, and the date and time of your interactions. This interaction-level data is transmitted to Active Prospect, which provides this service on our behalf.
We may use this personal data to document your consent and to support our compliance with applicable law. For more information, see the Active Prospect privacy policy at https://activeprospect.com/privacy-policy/.
We use personal data for the following purposes:
-
Lead generation and routing. To generate, qualify, score, and route leads, and to match consumers with clients and buyers that offer products or services relevant to their interests.
-
Call handling. To route and manage inbound calls, and to connect callers with relevant clients or buyers in real time.
-
Targeted advertising and retargeting. To deliver relevant advertising to consumers based on your interests or prior activity, including through third-party advertising channels and social media platforms.
-
Audience creation. To build audience segments, including custom audiences for use on third-party advertising platforms, in connection with our advertising programs.
-
Analytics and optimization. To measure and improve the performance of our lead generation programs, advertising campaigns, and distribution operations, including through automated scoring and classification tools.
-
Automated processing and profiling. As part of our lead generation activities, we use automated tools to score, classify, and route leads based on the personal data described in this Privacy Policy. This includes generating quality assessments and routing determinations that may affect how a lead is matched and distributed.
-
Fraud prevention and quality assurance. To detect and prevent fraudulent activity, verify the quality and accuracy of lead data, and support data hygiene practices such as de-duplication, suppression, and filtering.
-
Legal and compliance. To comply with applicable law, respond to legal process or regulatory inquiries, enforce our agreements, and protect our rights, property, or safety.
-
Internal operations. For general business administration, including record-keeping, financial operations, and business continuity.
We may share personal data with the following categories of recipients:
-
Clients, buyers, and business partners. We share personal data, including leads, with clients, buyers, and other business partners that offer products or services relevant to the consumer's expressed interest as reflected in their inquiry or interaction. A single lead may be shared with more than one recipient, and sharing is not necessarily exclusive. Recipients may contact you directly about products or services related to your inquiry. In some cases, a recipient may be an intermediary or lead aggregator that distributes leads to its clients or partners in connection with the consumer's request or a similar request. We may also work with business partners that identify consumers interested in products or services based on consumer-provided information or interactions and provide that information to us for matching and routing to appropriate clients or buyers.
-
Service providers. We share personal data with vendors and contractors that support our operations, including call tracking and routing providers, technology and infrastructure providers, analytics and attribution services, fraud prevention tools, and other operational partners. Service providers are authorized to use your personal data only as necessary to perform services on our behalf.
-
Advertising technology partners. We work with advertising networks, demand-side platforms, and social media platforms to deliver and measure advertising. This may involve sharing identifiers and activity data to enable targeted advertising, audience matching, and campaign attribution.
-
Business successors. In connection with a merger, acquisition, reorganization, or sale of some or all of our business or assets, personal data may be transferred to the acquirer or successor entity.
-
Legal and regulatory recipients. We may disclose personal data as required by law, court order, or regulatory process, or to enforce our agreements, respond to legal claims, or protect our rights, property, or the safety of others.
-
Other parties with your consent. We may share personal data with additional parties where you have consented or where you direct us to do so.
The table below summarizes how we use and share the personal data described in this Privacy Policy.
| Category of Personal Data | Processing Purpose(s) | Categories of Recipients* |
|---|---|---|
| Identifiers (name, email address, phone number, IP address, device identifiers) |
|
|
| Internet or other similar network activity (browsing history, ad interactions, page visits, session behavior) |
|
|
| Geolocation data (city, state, or region; derived from IP address, zip code, or call data) |
|
|
| Electronic information (web form inputs, interaction and session data, consent capture records) |
|
|
| Commercial and interest data (expressed product or service interests, purchase intent, qualifying responses) |
|
|
| Inferences and lead scores (quality scores, classifications, and routing determinations derived from collected data) |
|
|
| Call data (phone number, call metadata including duration, date and time, and geographic region; call recordings and transcriptions, where permitted by applicable law) |
|
|
| Protected classification characteristics (information voluntarily provided in connection with a specific inquiry, which may include demographic or eligibility information where relevant to the requested product or service) |
|
|
*Excluding service providers and legal affiliates.
In connection with our lead generation activities described in this Privacy Policy, Converge has sold and/or shared personal data in each of the categories listed in this table during the prior 12 months. See Your State Privacy Rights and Your Privacy Choices for information about your right to opt out.
We and our third-party partners use cookies and other tracking technologies to collect personal data about your interactions with our websites and digital advertising. These technologies may include cookies, pixels, web beacons, and similar tools that collect identifiers, device information, and data about how you engage with our ads and web pages.
We use this personal data to support our lead generation activities, including measuring the effectiveness of our advertising, building and refining audience segments, delivering targeted advertising, and improving our services.
These technologies may be operated by third-party advertising networks, analytics providers, and social media platforms, which may use this personal data to measure advertising performance, analyze usage, and support targeting.
You may have the right to opt out of certain uses of your personal data for targeted advertising or other purposes. For more information about your choices, including how to opt out of the sale or sharing of personal data and how we respond to Global Privacy Control (GPC) signals, please see the Your Privacy Choices section.
We maintain reasonable administrative, technical, and organizational measures designed to protect your personal data from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.
We retain personal data for as long as necessary to fulfill the purposes described in this Privacy Policy, including to operate our lead generation activities, comply with legal obligations, resolve disputes, and enforce our agreements. We may also retain and use personal data for analytics, fraud prevention, and security purposes. Retention periods are determined based on the nature of the data, the purposes for which it is processed, applicable legal requirements, and our business needs.
We may create deidentified data from personal data by removing or modifying identifying information so that it cannot reasonably be linked to an individual. To the extent permitted by applicable law, we may use and disclose deidentified data for purposes consistent with applicable law, including analytics, product improvement, and research.
Our services and marketing activities are not directed to individuals under the age of 18, and we do not knowingly collect personal data from them. If you believe we may have collected such personal data, please contact us at privacy@convergemarketing.com.
Certain U.S. states provide residents with privacy rights regarding their personal data. This section applies to residents of states where such rights are available under applicable law.
Depending on your state of residence, you may have the right to:
-
Know and Access. Confirm whether we process your personal data and access personal data we maintain about you and information about how we use it. Where required by applicable law, this right may include inferences, lead scores, and other derived data we hold about you.
-
Correct. Request correction of inaccurate personal data.
-
Delete. Request deletion of personal data we have collected from or about you, subject to certain exceptions (including legal obligations or legitimate business needs).
-
Portability. Obtain a portable copy of the personal data you have provided to us, where required by applicable law, technically feasible, and in a readily usable format.
-
Opt Out. Opt out of (i) the sale of your personal data; (ii) the sharing of your personal data for targeted or cross-context behavioral advertising; or (iii) profiling activities that produce legal or similarly significant effects.
We will not discriminate against you for exercising any of your rights.
Additional Information for California Residents
California residents also have the following additional rights:
-
Request that we limit our use of sensitive personal data (as defined under California law) to certain permitted purposes under applicable law.
-
Request information about our disclosure of personal data to third parties for direct marketing purposes by contacting us at privacy@convergemarketing.com.
Opt Out of Sale, Sharing, and Targeted Advertising
To opt out of the sale of your personal data, or the use or disclosure of your personal data for targeted advertising purposes (including "sharing" for cross-context behavioral advertising under California law), you may submit a request using the contact methods in the Your Privacy Choices section below. Where available, we may also provide additional tools or links on our website to facilitate these requests.
This opt-out covers Converge's sale of personal data and our use or disclosure of personal data for targeted advertising, including disclosures to clients, buyers, and advertising partners as part of our lead generation and advertising activities.
We may recognize Global Privacy Control (GPC) signals as an opt-out of the sale of personal data and targeted advertising, consistent with applicable law. Where we do so, we will treat such signals as a request to opt out of the sale and sharing of personal data.
Appeals
If we deny all or part of your rights request, you may appeal by submitting a written appeal using the contact methods described in the Your Privacy Choices section and referencing your original request. We will respond within 45 days of receiving your appeal (or within the timeframe required by applicable law) and provide a written explanation of our decision.
Depending on your state of residence, you may have the right to file a complaint with the Attorney General in your state or other applicable regulatory authority if you have concerns about our handling of your personal data or your privacy rights.
The primary way to exercise your privacy rights is by using our webform:
You may also submit a request by:
-
Mail: 242 W. 36th St., #901, New York, NY 10018
Requests submitted through email or mail may require additional steps to process your request, including steps to verify your identity where required by applicable law. Where appropriate, we may ask you to complete our webform in order to process your request.
We will take reasonable steps to verify your identity before processing certain requests, as required by applicable law. The level of verification will depend on the nature of your request, the sensitivity of the personal data involved, and the risk of harm from unauthorized disclosure or deletion.
We will use commercially reasonable efforts to respond to your request within 45 days of receipt. Where reasonably necessary, we may extend this period by up to an additional 45 days with prior notice. Requests are subject to applicable exceptions.
Authorized agents may submit requests on your behalf, subject to appropriate verification.
This section addresses consent to receive marketing communications in connection with our lead generation activities. It is separate from your rights regarding the sale or sharing of personal data, which are addressed in “Your State Privacy Rights” and “Your Privacy Choices” above.
Lead Communications
When you submit your personal data in response to our lead forms or advertising, you provide, or may provide, consent to be contacted about relevant products or services by Converge and by our clients, buyers, or other partners, as described at the point of collection. This includes situations where your personal data is collected directly by us or collected by a marketing partner or other third party and provided to us.
You may revoke your consent for future communications at any time by using the opt-out method provided in the communication you receive or by contacting us at privacy@convergemarketing.com. We will honor and process such requests as required by applicable law.
Because we operate as part of a broader lead generation and marketing ecosystem, your personal data may have already been shared with multiple parties as part of our lead distribution activities. A request to revoke your consent submitted to us will apply to communications and activities within our control, as required by applicable law. To stop communications from third-party clients, buyers, or partners, you may also need to contact those parties directly.
Requests to stop the sale, sharing, or use of personal data for targeted advertising are addressed separately in the Privacy Choices section.
Email Communications and Unsubscribe
If you receive email communications related to our advertising or lead generation activities, including emails sent by Converge, on our behalf, or through one of our branded experiences, and no longer wish to be contacted, you may use the unsubscribe link included in those communications or contact us at privacy@convergemarketing.com. We will honor your request as required by applicable law.
These emails may link to web pages where you can submit your personal data in response to an advertisement or offer.
Please note that this opt-out applies to email communications sent by or on behalf of Converge. You may continue to receive communications from third-party clients or partners and will need to contact those parties directly to opt out of their communications. We may maintain records of your request to help ensure that you are not contacted in the future, as required by applicable law.
Our websites may include links to third-party websites or services. This Privacy Policy does not apply to those third-party sites, which are governed by their own privacy policies.
Our lead generation services are designed for consumers in the United States. If you access or use our services from outside the United States, your personal data will be transferred to and processed in the United States in accordance with this Privacy Policy. Data protection laws in the United States may differ from those in your jurisdiction.
We may update this Privacy Policy from time to time. The “Last Updated” date at the top reflects the latest revision. Your continued use of our services after any updates constitutes acceptance of the revised Privacy Policy.
If you have questions about this Privacy Policy or wish to exercise your privacy rights, including if you need this notice in an alternate format due to a disability or language preference, you may contact us at:
Email: privacy@convergemarketing.com
Mail: Converge Marketing, LLC 242 W 36th St. #901 New York, NY 10018
Prior versions:
California Privacy Policy for California Residents
(Last Updated March 24, 2026)
California Notice at CollectionThis California Privacy Policy for California Residents (this “CA Privacy Policy”) supplements the information contained in our Privacy Policy and applies solely to you if you meet the definition of “Consumer” under the CCPA, which generally means you are natural person who resides in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018, as amended by the voter-approved California Privacy Rights Act of 2020 (the “CRPRA” and collectively, the "CCPA”) and any terms defined in the CCPA have the same meaning when used in this CA Privacy Policy.
This CA Privacy Policy does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. For more information on those policies please refer to our employee handbook.
We collect information that directly or indirectly identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, with a particular consumer, household, or device ("personal information").
For purposes of this CA Privacy Policy and under the CCPA, personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA's scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
In particular, we have collected the categories of personal information from consumers within the last twelve (12) months described below in the Section entitled Sharing Personal Information.
We may use, sell, or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our or our client's products or services, we will use that personal information to respond to your inquiry.
- To provide, support, personalize, and develop our Website.
- To create, maintain, customize, and secure your account with us.
- 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 our client’s content and the product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via telephone, email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website and our client’s products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, and our and our customer’s 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 personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We may share your personal information by disclosing it to a third party for a business purpose.
We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. We do not knowingly collect or sell personal information of California consumers under the age of sixteen (16) years.
In the preceding twelve (12) months, we have collected and disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.
| CCPA Personal Information Category and Examples | Collected by Us | Category of Third-Party Recipients -- Business Purpose Disclosures | Category of Third-Party Recipients -- Sales |
|---|---|---|---|
| A: Identifiers - For example, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. | Yes, we collect information you provide to us in the web form fills on this Website such as your name, address, e-mail or phone number. We do not typically collect any of the other of information in this category. | We may provide to our parent or its subsidiaries, if any, in connection with tracking the sale of leads. | Sold to our clients. |
| B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) - For example, a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | Yes. We collect information you provide to us in the web form fills on this Website such as your name, street address, e-mail or phone number. | We may provide to our parent or its subsidiaries, if any, in connection with tracking the sale of leads. | Sold to our clients. |
| C: Protected classification characteristics under California or federal law - For example, age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | No. | None. | Sold to our clients. |
| D: Commercial information - For example, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | No. | None. | None. |
| E: Biometric information - For example, genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | No. | None. | None. |
| F: Internet or other similar network activity - For example, browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | Yes. We only collect information relating to your interaction with our website. We do not typically collect any of the other information in this category. | Yes, we may provide the information to our parent or its subsidiaries in connection with the monitoring of the Website’s performance. | None. |
| G: Geolocation data - For example, physical location or movements. | Yes. We collect your IP address which is stored with your record and we receive your geographic id from our analytics partner, which provides fairly imprecise information of where you may be when you visit the site. | Yes, we may provide the information to our parent or its subsidiaries in connection with the monitoring of the Website’s performance. | None. |
| H: Sensory data - For example, audio, electronic, visual, thermal, olfactory, or similar information. | Yes. This Website may use session replay technology (such as TrustedForm*) to monitor your interactions with the Website.* | We may provide our parent or its subsidiaries, if any, in connection with confirming your consent to the collection and sale of personal information and agreeing to be contacted by us or our client in accordance with the TCPA and other laws. | Sold to our clients to confirm receipt of consents. |
| I: Professional or employment-related information - For example, current or past job history or performance evaluations. | No. | None. | None. |
| J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) - For example, education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | No. | None. | None. |
| K: Inferences drawn from other personal information - For example, profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | No. | None. | None. |
*For more information about session replay or TrustedForm, please review the TrustedForm Privacy Notice at https://activeprospect.com/trustedform-privacy-notice. We primarily use this service to record a video of your mouse and keyboard movements on your monitor to confirm your consent to the collection and sale of personal information described in this Policy.
We do not collect any Sensitive Personal Information. “Sensitive Personal Information” means social security, driver's license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin; religious or philosophical beliefs; union membership; mail, email, or text message content, unless we are the intended recipient of the communication; or genetic data.
Reselling Personal Information
The CCPA prohibits a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of further sales. As an advertising and marketing company our clients routinely purchase personal information from us and may resell that information. To opt-out of those sales, please click here.
We do not sell or disclose deidentified patient information exempt from the CCPA to third parties.
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
| Your Rights | Description |
|---|---|
| Right to Know and Data Portability | You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:
|
| Right to Delete | You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
We do not provide these deletion rights for B2B personal information. |
| Rights to Limit Use or Disclosure of Sensitive Personal Information | Under the CCPA, subject to certain exceptions, you can limit how we use and disclose Sensitive Personal Information. However, we do not collect any Sensitive Personal Information from consumers. “Sensitive Personal Information” means social security, driver's license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin; religious or philosophical beliefs; union membership; mail, email, or text message content, unless we are the intended recipient of the communication; or genetic data. |
To exercise your rights to know or delete described above, please submit a request by either:
| Contact Us | |
|---|---|
| By Telephone (Toll Free) | 646-292-5232 |
| Online | Submit Your Details Here |
| By Mail | Converge Direct LLC |
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. You may designate, in writing or through a power of attorney, an authorized agent to make these privacy requests on your behalf to exercise these rights. An authorized agent may submit a request on your behalf if you have provided the authorized agent with power of attorney in accordance with California law. If this has not occurred, we will require the agent to provide proof that you have authorized it to act on your behalf and may require you to verify your own identity with us directly before we accept a request. We will do this by requiring the authorized agent to present verifiable written authorization from you that you have provided the agent with permission to submit the request and independently verify the agent's own identity with us.
You may only submit a request to know twice within a 12-month period. Your request to know or delete must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include: your email address, full name, postal address, date of birth, phone number, and any other reasonable information we require to process your request.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
You do not need to create an account with us to submit a request to know or delete. We will only use personal information provided in the request to verify the requestor's identity or authority to make it.
For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at info@convergemarketing.com.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, for example by using an SFTP platform.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link here.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by visiting our Websites.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We currently do not provide any financial incentives.
The CCPA establishes separate recordkeeping requirements for large businesses to track and publish specific metrics around consumer rights requests ("CRR Metrics"). This metrics rule applies to a business that knows or should know that it, alone or in combination, buys, sells, shares, otherwise makes available, or receives for commercial purposes the personal information of more than 10 million consumers in a calendar year, which represents approximately 25% of California's current population. Those large businesses must compile, and publish in their privacy policies by July 1 of each calendar year, the following CRR Metrics for the prior calendar year. The Company only came into existence in March of 2024, therefore, assuming the CRR Metrics rule applied to the Company, such a report would not be due until July 1, 2025. If and when we do publish CRR Metrics they will be available separately on this Website.
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at: Converge Direct LLC, 242 W 36th St. #901, New York, NY 10018.
We reserve the right to amend this CA Privacy Policy at our discretion and at any time. When we make changes to this CA Privacy Policy, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which we collect and use your information described in the CA Privacy Policy or other parts of the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
| Contact Us | |
|---|---|
| By Telephone (Toll Free) | 646-292-5232 |
| Online | Submit Your Details Here |
| By Mail | Converge Direct LLC |
If you need to access this CA Privacy Policy in an alternative format due to having a disability, please contact info@convergemarketing.com or 646-292-5232.
California Notice at Collection
(Last Updated March 24, 2026)
We are collecting your personal information to support our business operations, including for the business purposes listed in the chart below. We do not collect sensitive personal information.
We may sell the categories of personal information we collect or share it with third parties for cross-context behavioral advertising, as indicated in the chart below. To opt-out of personal information sales or sharing, visit here.
This California Notice at Collection is included within our General Privacy Policy as is permitted under the CCPA. Please reference our General Privacy Policy and the Privacy Policy for California Residents for additional information.
We may collect the Personal Information categories listed in the tables below. The tables also list, for each category, our expected retention period, business purposes, and whether we sell the information or share it with third parties for cross-context behavioral advertising.
| CCPA Personal Information Category and Examples | Retention Period | Business Purpose | Sold or Shared |
|---|---|---|---|
| A: Identifiers - For example, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. | We keep information in the form provided for 2 years and then we de-identify or aggregate the information. | To identify and contact you as a lead for our clients’ products and services. | Sold and shared. |
| B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) - For example, a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | We keep information in the form provided for 2 years and then we de-identify or aggregate the information. | To identify and contact you as a lead for our clients’ products and services. | Sold and shared. |
| C: Protected classification characteristics under California or federal law - For example, age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, reproductive health decision-making, military and veteran status, or genetic information (including familial genetic information). | We do not collect. | N/A | N/A |
| D: Commercial information - For example, commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | We do not collect. | N/A | N/A |
| E: Biometric information - For example, genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | We do not collect. | N/A | N/A |
| F: Internet or other similar network activity - For example, browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | We keep information in the form provided for 2 years and then we de-identify or aggregate the information. | Yes. We only collect information relating to your interaction with our website in connection with the monitoring of the Website’s performance. We do not typically collect any of the other information in this category. | Shared. |
| G: Geolocation data - For example, physical location or movements. | We keep information in the form provided for 2 years and then we de-identify or aggregate the information. | Yes. We collect your IP address which is stored with your record and we receive your geographic id from our analytics partner, which provides fairly imprecise information of where you may be when you visit the site. | No. |
| H: Sensory data - For example, audio, electronic, visual, thermal, olfactory, or similar information. | We keep information collected using session replay technology (such as TrustedForm)* indefinitely. | Yes. This Website may use session replay technology (such as TrustedForm)* to monitor your interactions with the Website to confirm your consent to the collection and sale of your personal information and contact by our client’s in accordance with the TCPA and other laws. | Sold and shared. |
| I: Professional or employment-related information - current or past job history or performance evaluations. | We do not collect. | N/A | N/A |
| J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) - For example, education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | We do not collect. | N/A | N/A |
| K: Inferences drawn from other personal information - For example, profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | We do not collect. | N/A | N/A |
*For more information about session replay or TrustedForm, please review the TrustedForm Privacy Notice at https://activeprospect.com/trustedform-privacy-notice. We primarily use this service to record a video of your mouse and keyboard movements on your monitor to confirm your consent to the collection and sale of personal information described in this Policy.
We do not collect any Sensitive Personal Information. “Sensitive Personal Information” means social security, driver's license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin; religious or philosophical beliefs; union membership; mail, email, or text message content, unless we are the intended recipient of the communication; or genetic data.
If you have any questions about this Notice or need to access it in an alternative format due to having a disability, please contact us as provided below.
| Contact Us | |
|---|---|
| By Telephone (Toll Free) | 646-292-5232 |
| Online | info@convergemarketing.com |
| By Mail | Converge Direct LLC |
Terms Of Use
(Last Updated June 11, 2026)
Please read these Terms of Use ("Terms") carefully before accessing or using any website, application, form, communication, or other digital property or service operated by or on behalf of Converge Marketing, LLC (collectively, the “Site”).
By accessing or using the Site, including submitting a form, requesting information, or otherwise interacting with any features or services, you agree to be bound by these Terms and to use the Site in accordance with applicable laws.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE.
These Terms apply to all visitors, users, and others who access or use the Site, including submission of personal data in connection with lead generation activities. In limited cases, these Terms may also apply to interactions with Company’s corporate website.
Your use of the Site constitutes your electronic signature and legally binding agreement to these Terms. If you are using the Site on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.
The Site facilitates lead generation by collecting information from users who request to be contacted about specific products or services. This information may be collected directly through the Site or provided to Converge by marketing partners or other third parties (“Partners”) in connection with the same inquiry. Converge may use this information to match users with one or more clients or buyers (“Buyers”) whose offerings may be relevant and may share the information with those Buyers for follow-up communications.
IMPORTANT: By submitting an inquiry or completing a form on the Site, you understand and acknowledge that:
-
The Site is a lead generation platform and not a direct provider of the products or services advertised on the Site;
-
Your information may be shared with one or more Buyers in connection with your inquiry;
-
Company does not guarantee that any Buyer will contact you, offer you specific products or services, or provide services on any particular terms;
-
The relationship between you and any Buyer is governed by the Buyer's own terms, policies, and agreements, and not by these Terms; and
-
Company does not endorse, warrant, or guarantee the products, services, or conduct of any Buyer.
The Company reserves the right to modify, suspend, or discontinue any aspect of the Site or Services at any time without notice or liability.
Company's collection, use, and sharing of personal information is governed by the Company’s privacy policies listed below (each incorporated herein by reference). One or both policies may apply depending on how you interact with the Company:
-
Lead Generation Services Privacy Policy: Applies to personal information collected through the Site in connection with consumer inquiries and lead generation activities, including information submitted via forms or other interactive features, and describes how such data is collected, used, and shared with Partners.
-
Corporate Privacy Policy: Applies to personal information collected through general corporate interactions, including communications with business partners, vendors, employees, and other non-consumer contacts.
Copies of both policies are available on the Site and may be updated from time to time. We encourage you to review the applicable privacy policy before submitting any information through the Site. By using the Site and submitting information, you acknowledge that the applicable privacy policy describes how personal data is collected, used, and shared.
4.1 Submission of Information
By submitting your contact information or completing a form on the Site, you are requesting to be contacted about the products or services indicated in your inquiry. You understand that this request may result in communications from Company and one or more Buyers.
4.2 Communications from Buyers
When you submit an inquiry through the Site, your contact information may be shared with one or more Buyers who may reach out to you directly. These communications may occur via telephone, mobile device, text message (SMS/MMS), email, or other channels, including messages delivered using automated technologies such as artificial or prerecorded voice systems. The methods and frequency of such communications are governed by the specific consent disclosures presented to you at the point of data collection, which may appear on the form page or submission flow. Company facilitates the matching and sharing of data with Buyers but does not control the timing, frequency, or content of communications sent by Buyers after your information has been shared with them.
You should review the consent language on any form page carefully before submitting your information, as it describes who may contact you and by what means.
4.3 Consent to Communications
The specific terms of any consent to be contacted, including the identity of the parties authorized to contact you, the permitted methods of communication, and the scope of that consent, are set forth in the disclosures presented to you at the point of data collection, whether your personal data is collected through the Site or provided to Company by Partners.
Nothing in these Terms modifies, limits, or supersedes those disclosures. You may withdraw your consent to receive communications as described in the Lead Generation Services Privacy Policy. Any request submitted to Company to revoke consent will apply only to communications and activities within Company’s control.
Because Company operates as part of a broader lead generation ecosystem, your information may already have been shared with one or more Buyers or other downstream recipients, and you may need to contact those parties directly to stop further communications using the opt-out or unsubscribe mechanism included in their communications.
A request to revoke consent to receive future communications is separate from, and does not constitute, a request to opt out of the sale, sharing, or use of personal data for targeted advertising purposes. These requests are addressed separately in the privacy policy.
4.4 Communications and Legal Rights
You may have rights under applicable federal and state law, including the Telephone Consumer Protection Act (TCPA) and applicable do-not-call regulations, with respect to calls or text messages you receive following submission of an inquiry through the Site, including communications from Buyers. These rights are described in more detail in the Lead Generation Services Privacy Policy and in the consent disclosures presented at the point of data collection.
To the extent permitted by applicable law, telephone calls involving Company, its service providers, or Buyers may be monitored or recorded for purposes such as quality assurance, training, compliance, and dispute resolution.
Where required by applicable law, notice of recording may be provided prior to or at the commencement of the call. By initiating or continuing a call after receiving such notice, you provide consent to recording as described. Company does not control the recording or disclosure practices of Buyers and is not responsible for their compliance with applicable call recording or notification requirements. Nothing in this Section limits any party’s obligations under applicable federal or state wiretapping or call recording laws.
6.1 Permitted Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Site complies with all applicable federal, state, and local laws and regulations.
6.2 Prohibited Conduct
You agree not to use the Site to:
-
Submit false, inaccurate, or misleading information, including contact information that does not belong to you or on behalf of another person without authorization;
-
Impersonate any person or entity or misrepresent your affiliation with any person or entity;
-
Interfere with or disrupt the operation of the Site, its servers, or its networks, or circumvent any security or access controls;
-
Submit automated, scripted, or bot-generated form submissions or otherwise manipulate the lead generation process;
-
Use the Site to harvest or collect personal information about other users;
-
Transmit any malware, viruses, or other harmful code or data through the Site;
-
Engage in any conduct that could damage, disable, overburden, or impair the Site or servers or networks connected to the Site;
-
Violate any applicable law or regulation in connection with use of the Site, including laws governing consumer protection, privacy, or electronic communications; or
-
Attempt to gain unauthorized access to any portion of the Site or any systems or networks associated with the Site.
Company reserves the right to investigate and take appropriate action against any user who, in Company's reasonable judgment, violates these Terms, including blocking access to the Site, removing content, or reporting the conduct to law enforcement authorities.
The Site and all content, features, and functionality thereof, including but not limited to text, graphics, logos, images, software, and data compilations, are owned by Company or its licensors and are protected by applicable intellectual property laws, including U.S. copyright, trademark, and trade secret laws.
These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal, non-commercial use in accordance with these Terms. Nothing in these Terms transfers or licenses any intellectual property rights to you, and you may not reproduce, modify, distribute, publicly display, sell, or otherwise exploit any content from the Site without the prior written consent of Company.
All trademarks, service marks, logos, and trade names displayed on the Site are the property of Company or their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name.
8.1 Buyer and Third-Party Offerings
The Site may present offers, products, services, or content from Buyers. These offerings are provided by third parties independently of Company, and Company is not responsible for their accuracy, availability, legality, quality, or fitness for any particular purpose. The inclusion of third-party offers on the Site does not constitute an endorsement or recommendation by Company.
Your interactions with any Buyer, including, without limitation, the submission of additional personal data, the execution of agreements, and the purchase or use of products or services, are solely between you and that Buyer. Company shall not be a party to, and shall not be responsible or liable for, any such interactions or any resulting disputes, losses, or obligations.
8.2 Third-Party Links
The Site may contain links to third-party websites or online services. These links are provided solely for convenience, and Company does not endorse or assume any responsibility for the content, privacy practices, or other aspects of those sites. Your access to linked third-party sites is at your own risk and subject to the terms and conditions applicable to those sites.
8.3 Downstream Contact
Once your information is shared with a Buyer in response to your inquiry, that Buyer may independently share or use your information in accordance with its own privacy policies and applicable law. Company does not control how Buyers use your information after it has been transmitted, and Company is not responsible for any communications you receive from Buyers or from any parties to whom Buyers may transmit your information in accordance with applicable disclosures.
THE SITE AND ALL CONTENT, INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
COMPANY DOES NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
COMPANY DOES NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SITE WILL RESULT IN ANY SPECIFIC OUTCOME, INCLUDING THAT YOU WILL BE CONTACTED BY ANY BUYER, OFFERED ANY SPECIFIC PRODUCT OR SERVICE, OR RECEIVE A QUOTE ON ANY PARTICULAR TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, THIRD PARTIES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY CONTENT OBTAINED FROM OR THROUGH THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) your submission of false, inaccurate, or misleading information through the Site; (d) your violation of any applicable law or the rights of any third party; or (e) any claim that content you submit through the Site caused harm to a third party.
Company reserves the right to assume exclusive control of the defense and settlement of any matter for which you are required to indemnify Company, and you agree to cooperate with Company's defense of such claims. You shall not settle any such claim without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.
12.1 Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact Company and make a good-faith effort to resolve the dispute informally by providing written notice of your claim to the address set forth in Section 17. Company will have thirty (30) days to respond. If the dispute is not resolved within sixty (60) days after your written notice, either party may proceed as set forth in this Section.
12.2 Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW CLAIMS BETWEEN YOU AND COMPANY ARE RESOLVED.
Except as provided below, you and Company agree that any claim, dispute, or controversy arising out of or relating to these Terms, the Site, or your use of any services offered through the Site (each, a "Claim") shall be resolved exclusively through final and binding individual arbitration, rather than in court. This agreement to arbitrate is intended to be broadly interpreted and includes Claims based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory.
Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org), as modified by this Section. The arbitrator shall have exclusive authority to resolve any dispute relating to the formation, scope, validity, or enforceability of this arbitration agreement, except as provided under the heading "Class Action Waiver" below. The arbitrator may award any relief that a court could award, subject to the limitations in these Terms. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
If the AAA is unavailable or unwilling to serve as administrator, the parties shall select a mutually agreeable arbitration administrator. The arbitration shall take place in the county of your residence or, at Company's election, by telephone or videoconference. Each party shall bear its own costs and expenses in the arbitration, except as required by applicable law or the AAA's fee schedule.
12.3 Class Action Waiver
YOU AND COMPANY EACH AGREE THAT ANY CLAIMS BETWEEN US MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE IN ANY PROCEEDING, THEN THE ENTIRETY OF SECTION 12.2 SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING ONLY.
12.4 Exceptions
Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for Claims within the court's jurisdiction; or (b) seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.
12.5 Opt-Out
You may opt out of this arbitration agreement by sending written notice to Company at the address in Section 17 within thirty (30) days of first agreeing to these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither party will be bound by Sections 12.2 or 12.3, but all other provisions of these Terms will remain in full force.
These Terms and any Claims that are not subject to arbitration under Section 12 shall be governed by the laws of the State of New York, without regard to its conflict-of-law principles. For any Claims not subject to arbitration, you and Company irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in New York, and waive any objection to such jurisdiction or venue on the grounds of inconvenient forum or otherwise.
Company reserves the right to revise, update, or modify these Terms at any time in its sole discretion. Changes will be effective upon posting of the updated Terms to the Site. The "Effective Date" at the top of this document will be updated to reflect the date of the most recent changes. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Site.
Company may also, in its discretion, provide notice of material changes by posting a notice on the Site's homepage or by other means reasonably calculated to inform users. We encourage you to review these Terms periodically.
By using the Site, you agree to receive communications from Company electronically, including notices, disclosures, agreements, and other communications sent via email or posted on the Site. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing. You further agree that you will maintain accurate and current contact information, including a valid email address, and that electronic communications sent to the email address you provide constitute valid notice for all purposes.
Company may maintain records of your use of the Site and any information you submit in connection with using the Site. Such records may be used in connection with dispute resolution, compliance verification, and other legitimate business purposes.
16.1 Entire Agreement
These Terms, together with the applicable privacy policy or policies and any additional terms expressly incorporated herein, constitute the entire agreement between you and Company with respect to your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings.
16.2 Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. If any portion of Section 12 (Arbitration) is found unenforceable, the remaining provisions of Section 12 shall continue in full force and effect, except as expressly provided in Section 12.3.
16.3 Waiver
Company's failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. No waiver of any provision of these Terms shall be construed as a further or continuing waiver of such provision or any other provision.
16.4 Assignment
You may not assign or transfer these Terms or your rights or obligations hereunder, by operation of law or otherwise, without Company's prior written consent. Any assignment attempted in violation of this provision shall be null and void. Company may assign or transfer these Terms and its rights hereunder, in whole or in part, without restriction or notice.
16.5 Force Majeure
Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, governmental action, labor disputes, or failures of third-party technology infrastructure.
16.6 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
16.7 Headings
Section headings are included for convenience only and shall not affect the interpretation of these Terms.
If you have questions about these Terms or wish to contact Company for any reason, you may contact:
Email: info@homeservicescompliance.com
Mail: Converge Marketing, LLC 242 W 36th St. #901 New York, NY 10018
For notices required under these Terms, including arbitration-related notices, written notice must be delivered to the mailing address above, attention Legal Department, by certified mail, commercial courier, or other delivery method that provides proof of receipt. Email is not sufficient for formal notice unless expressly agreed in writing by Company.
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.
