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California Privacy Policy

Last Updated: October 16, 2020

REAL PERFORMANCE MARKETING WEBSITE CALIFORNIA PRIVACY POLICY

Summary

Thank you for visiting the Real Performance Marketing website located at www.rpmleader.com (the “Site”), owned and operated by FadiLaw Marketing, LLC (“Company,” “we,” “our” or “us”). The following Real Performance Marketing California Website Privacy Policy (“Privacy Policy”) sets forth our policy with respect to the collection, storage and use of the personal information and other information that we collect from California State residents only in our capacity as a data broker, as that term is defined in California Civil Code section 1798.99.80 et seq.

This Privacy Policy does not apply to individuals who are not residents of the State of California, individuals applying for employment with Company and/or Company’s third-party business partners.

Users with disabilities who wish to access this Privacy Policy in an alternative format can contact us by calling us at: (844) 489-7776; e-mailing us at: info@RPMleader.com; or sending us U.S. mail to: Real Performance Marketing, 12243 Queenston Blvd., Suite I, Houston, TX 77095.

•Background. We adopt this Privacy Policy in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Privacy Policy. This Privacy Policy covers our treatment of personal information and other information that we collect when end-user visitors (“User,” “you” or “your”): (a) access or use websites that are owned by Company and/or Company’s third-party marketing partners (collectively, the “Subject Sites”); and/or (b) utilize one of the contact forms and/or other functionality made available on the Subject Sites as a means to request being contacted by Company and/or Company’s third-party marketing partners (collectively, “Contact Services,” and together with the Site and Subject Sites, the “Company Offerings”).

IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE COMPANY OFFERINGS.

Shine the Light California Privacy Rights

•Shine the Light. If you would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please email us as at: consumerinquiries@rpmleader.com; call us at: (844) 489-7776; or send us U.S. mail to: Real Performance Marketing, 12243 Queenston Blvd., Suite I, Houston, TX 77095. 

Further, if you would like to opt out from the disclosure of your personal information to any third party for marketing purposes, please email us as at: info@RPMleader.com; call us at: (844) 489-7776; or send us U.S. mail to: Real Performance Marketing, 12243 Queenston Blvd., Suite I, Houston, TX 77095. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.

Categories of Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could be linked, directly or indirectly, with a particular User or device (“personal information”). We have collected the following categories of personal information about Users within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute
(Cal. Civ. Code § 1798.80(e)).		 A name, signature, Social Security number, physical characteristics or description, postal 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
C. Protected classification characteristics under California or federal law. 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 or genetic information (including familial genetic information). YES
F. Internet or other similar network activity. Browsing history, search history, information on a User’s interaction with a website, application or advertisement. YES
I. Professional or employment-related information. Current or past job history or performance evaluations. YES

Personal information does not include:

  • Publicly available information from government records.
  • Publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R Part 99) (FERPA).
  • De-identified or aggregated User information.
  • Information excluded from the CCPA’s scope, such as:
    • 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) or clinical trial data; and
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

•IP Addresses/Browser Type. We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Subject Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Company Offerings and to enable us to personalize your Internet experience. We also may use this information taken together to analyze usage of the Company Offerings.

•Cookies. When a User visits the Subject Site, the operator of that Subject Site may send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable User’s computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Subject Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Company Offerings, including for storing User preferences and tracking Site-User trends (such as pages opened and length of stay at the Subject Site).

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, she or he may still use the Company Offerings; provided, however, that certain Company Offerings-related functions may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.

•Behavioral Tracking. Company, as well as third party entities such as Google®, use Cookies, pixels and other tracking technology (collectively, “Tracking Technology”) in connection with the Subject Sites for purposes of tracking Users’ activities (such as websites visited, advertisements selected, and pages viewed) after they leave the Subject Sites. Company, and its third-party partners, use this Tracking Technology to target applicable Users with advertisements featuring Company products and/or services, as well as third-party products and/or services, that may be of interest to applicable Users.

In addition, Company uses a third-party service called Hotjar to better understand Users’ needs and to optimize the Company Offerings. Hotjar is a technology service that helps us better understand our Users’ Subject Site-related experience (e.g., how much time they spend on which Subject Site pages, which links they choose to click on, what Users do and do not like, etc.) and this enables us to build and maintain our Company Offerings with User feedback. Hotjar uses cookies and other technology to collect data on our users’ behavior and their devices (in particular, the various devices’ IP addresses (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only) and preferred language used to display our website). Hotjar stores this information in a pseudonymized User profile. Neither Hotjar nor Company will ever use this information to identify individual Users or to match this information with additional data on an individual User. For further details, please see Hotjar’s privacy policy by clicking on this link. In addition, you can opt-out from the creation of a User profile, Hotjar’s storing of data about your usage of the Site and Hotjar’s use of tracking cookies on other websites by following this opt-out link. 

In general, Users may be able to disable some, or all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. In addition, Users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance.

Further, Users can opt-out of certain Google®-related tracking technology, and customize the Google® Display Network ads that they receive, by visiting the Google® Ads Settings at: http://www.google.com/settings/ads. Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is available here: https://tools.google.com/dlpage/gaoptout. 

To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third parties in connection with the Subject Sites.

Google® is a registered trademark of Google, Inc. (“Google”). Please be advised that Company is not in any way affiliated with Google, nor are the Site Offerings endorsed, administered, or sponsored by Google.

•Cross Device Tracking. Company does not track Users’ use of the Company Offerings across multiple devices, including personal computers and mobile devices.

•Aggregate Data. Company reserves the right to transfer and/or sell aggregate or group data about Users of the Company Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage, and other characteristics of Company Offerings Users as a group, without disclosing personally identifiable information.

We obtain the categories of personal information listed above from the following categories of sources (with the specific categories of personal information indicated in parenthesis):

  • When you complete the required information request form on any Subject Site which may include, without limitation: (a) your name; (b) your e-mail address; (c) your telephone number; and/or (d) any other information requested on the applicable form.
  • From third parties who interact with Users. For example, from online submission forms that Users submit to our third-party partners in connection with products and/or services that those third parties offer by and through the Subject Sites and any other means. (Categories A, B, C, F, and I)
  • Directly and indirectly from activity on the Subject Site. This includes the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet Service Provider. In addition, we obtain certain Site usage details and analytics as same are collected automatically by us and our third-party partners. (Category F)
  • From third-party data brokers or aggregators (including third party operators of the Subject Sites). (Categories A, B, C, F and I)
  • From the national consumer database. (Categories A, B, C, F and I)
  • From publicly available sources, such as Internet search engines. (Categories A, B, C, F and I)

•Use of Personal Information. We may use or disclose the personal information that we collect for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis):

  • To provide your information to third parties that provide you with offers for products or services that they think may be of interest to you. (Categories A, B, C, F, and I)
  • To provide your information to third parties that provide you with e-mail, direct mail and telemarketing messages concerning certain third-party products and/or services, that they believe may be of interest to you. (Categories A, B, C, F and I)
  • For customer service purposes and to respond to inquiries from you. (Categories A, B, C and F)
  • For testing, research, analysis, and product development. (Categories A, B, C, F and I)
  • As necessary or appropriate to protect our rights, property, or safety, and that of our clients or others. (Categories A, B, C, F and I)
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Categories A, B, C, F and I)
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA. (Categories A, B, C, F and I)
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. (Categories A, B, C, F and I)
  • By submitting your personal information by and through the Subject Sites, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations. (Categories A, B, C, F and I)
  • Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls from Company and/or any applicable third-party that you provided the requisite consent, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide consent under the TCPA to obtain access to the Company Offerings, and your consent simply allows Company to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Company of the Phone Number Change via e-mail at: info@RPMleader.com, or by using one of the methods set forth in the “Contact Us” section below. (Categories A, B, C, F and I)

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 with notice.

•Sharing Personal Information. Subject to your right to opt-out of such sharing/sale, we may share, rent and/or sell your personal information (including from Categories A, B, C, F and I): (a) with/to third parties for marketing purposes; and (b) for the other business purposes set forth above. 

When we disclose personal information to a third-party service provider or other entity, we enter a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract. Please note, we do not collect information from Users that we know are less than eighteen (18) years of age and we do not share or sell the personal information of Users that we know are less than eighteen (18) years of age. Without limiting the foregoing, we have not shared or sold the personal information of Users that we know are less than sixteen (16) years of age in the preceding twelve (12) months.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

  • Category A. Identifiers.
  • Category B. California Customer
  • Records personal information categories.
  • Category C. Protected classification characteristics under California or federal law.
  • Category F. Internet or other similar network activities.

We disclose your personal information for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis):

  • Our affiliates. (Categories A, B, C, F and I)
  • Service providers. (Categories A, B, C, F and I)
  • Third parties who purchase and/or license your personal information for marketing purposes, including: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression, and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. If a third-party purchaser of your personal information wants to resell it, that purchaser is required by law to provide you with explicit notice and an opportunity to opt-out of further sales, unless the right to resell it was secured by us at the point of collection. (Categories A, B, C, F and I)

In the preceding twelve (12) months, we have sold the following categories of personal information to third parties:

  • Category A. Identifiers.
  • Category B. California Customer Records personal information categories.
  • Category C. Protected classification characteristics under California or federal law.
  • Category F. Internet or other similar network activities.

In the preceding twelve (12) months, we have sold the above referenced categories of personal information to the third parties who purchase and/or license your personal information for marketing purposes.

•Your Rights and Choices. The CCPA provides Users (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

•Opt-Out from the Sale of Your Personal Information. You have the right to opt out of our sale of your personal information to third parties. To exercise your right to opt-out of our sale of your personal information to third parties, please submit a verifiable User request to us by either:

 

We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) days of receipt of your request.

•Access to Specific Information and Data Portability Rights. 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 twelve (12) months. Once we receive and confirm your verifiable User request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we have shared that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists are disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

•Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected about you and retained, subject to certain exceptions. Once we receive and confirm your verifiable User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you. 

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech rights, ensure the right of another User to exercise their free speech rights or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are aligned with User expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

•Exercising Access, Data Portability and Deletion Rights. To exercise your access, data portability and/or deletion rights described above, please submit a verifiable User request to us by either:

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable User request related to your personal information.

You may only make a verifiable User request for access or data portability twice within a 12-month period. The verifiable User request must:

  • Provide sufficient information that allows us to verify that you are: (1) the person about whom we obtained personal information; or (2) an authorized representative.
  • 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 that the personal information relates to you. Making a verifiable User request does not require you to create an account with us. We will only use personal information provided in a verifiable User request to verify the requestor’s identity or authority to make the request.

•Response Timing and Format. We endeavor to respond to all verifiable User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12) month period preceding the receipt of your verifiable 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.

We do not charge a fee to process or respond to your verifiable User 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.

•Non-Discrimination. 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; and/or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Security of Your Personal Information. We endeavor to safeguard and protect our Users’ personal information. We protect User personal information both online and offline (to the extent that we maintain any personal information offline). Where the registration/application process on a Subject Site prompts Users to enter sensitive data (such as medical information, driver’s license/ID card number, health insurance information, data collected from an automated license plate recognition system, Social Security Number, and credit card information) and when we store and transmit such sensitive data, that personal information is encrypted with advanced TLS (Transport Layer Security).

Access to your personal information is limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All User personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User personal information to perform a specific job are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information on are kept in a secure physical environment. We also have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. 

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot guarantee that your personal information will be secure. Any transmission of data at or through the Site, Subject Site, other Company Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies if we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed addressing the needs of law enforcement, determining the scope of network damage, and engaging in remedial measures.

Changes to this Privacy Policy. Company reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the way we use personal information changes, Company will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether we use your information in this different manner and we will only use your information in this different manner where you affirmatively consent to such use.

Transfer of Personal Information Internationally. If you are visiting a Subject Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of personal information across international boundaries. By visiting a Subject Site, you consent to such transfers. Even if your authority does not have the same privacy laws as the authority where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

•Filing a Complaint with the Federal Trade Commission. To file a complaint regarding our privacy practices, please click here.

Contact Information

If you have any questions or comments about this Privacy Policy, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by either: