BraunCo Terms of Use
Last updated: October 3, 2022
The following terms of use (“Terms of Use”) apply to your use of the marketplace (the “Marketplace”) operated by BraunCo and its affiliates and subsidiaries (“Company,” “we,” “us,” or “our”). By accessing our website and any of its pages (the “Site”), you (the “User”) signify that you have read, understand, and agree to be bound by these Terms of Use.
In addition to these Terms of Use, you may enter other agreements that govern your use of the Marketplace. If there is any contradiction between these Terms of Use and another agreement you enter applicable to specific aspects of the Marketplace, the other agreement shall take precedence in relation to the specific aspects of the Marketplace to which it applies.
CHANGES TO THESE TERMS OF USE
We may make changes to these Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Site and will indicate at the top of this page the date the Terms of Use were last revised. You understand and agree that your continued use of the Marketplace or the Site after we have made any such changes constitutes your acceptance of the new Terms of Use.
ELIGIBILITY
This Site is intended solely for Users who are 18 years of age or older and use of the Site by anyone under 18 is a violation of these Terms of Use. By using the Marketplace or the Site, you state that you are 18 or older and that you agree to and abide by these Terms of Use. If you violate any of these Terms of Use or otherwise violate an agreement between you and us, the Company may terminate your account, delete your profile and any content or information you have posted on the Site, and prohibit you from using or accessing the Marketplace or the Site.
REGISTRATION DATA; ACCOUNT SECURITY
In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); and (b) maintain the security of your password and identification; and (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
MARKETPLACE TERMS
The Site is maintained for the personal use of its visitors and we cannot guarantee the completeness or accuracy of any information presented on any of its pages. We do not make investment recommendations or provide legal, tax, or financial advice. No communication should be considered a recommendation of any investment opportunity and there can be no assurance that any investment valuation is accurate or that any investment opportunity is suitable for any particular investor.
You acknowledge and agree that you have the sole responsibility to examine all information concerning the investment opportunities on the Marketplace, and any of your decisions based upon such information are your sole responsibility. You acknowledge that Company is a third-party intermediary and that all Marketplace listings and the information presented therein are the seller’s sole responsibility. You further agree that you will make an independent evaluation of the investment opportunities and acknowledge that we have made no statements or representations concerning the present or future value of the opportunities. Our services shall not be deemed to create any duty, fiduciary or otherwise, to you through your use of the Site and our Marketplace.
By making a bid in an auction, you agree you are entering a legally binding contract with the seller to purchase the asset for the amount of your bid if you are the highest bidder and the reserve price is met. If you are the highest bidder, you shall purchase the asset in accordance with these Terms of Use and any information presented in the auction listing and you (a) acknowledge that you have read, understand, and agree to the terms of the applicable standard Marketplace agreements linked below, (b) assume full risk and responsibility therefore, and (c) shall pay the purchase price in full within two business days following the close of the auction.
By offering to purchase a specific asset for sale or by submitting a standing order, you agree you are submitting a legally binding offer, in the case of a specific asset for sale – to the seller of the asset, or in the case of a standing order – to any seller whose royalty stream matches the parameters of your offer. If your offer is accepted, you shall purchase the asset in accordance with these Terms of Use and any information presented in the Marketplace and (a) acknowledge that you have read, understand, and agree to the terms of the applicable standard Marketplace agreements linked below, (b) assume full risk and responsibility therefore, and (c) shall pay the purchase price in full within two business days following an accepted offer.
If you fail to comply with the foregoing conditions, in addition to other remedies available to the Company by law, including without limitation, the right to hold you liable for the purchase price, the Company at our option may either (a) cancel the sale or (b) resell the asset, either publicly or privately, and in such event you may be liable for the payment of any deficiency plus all costs and expenses associated with the sale, the Company’s commission at our standard rates, all other charges due hereunder, attorney fees, and incidental damages. If you fail to honor your binding bid, Company may also terminate your account and remove your ability to participate in the Marketplace.
If you fail to promptly pay all fees, commissions, bid price and other sums due to us as provided in these Terms of Use, we reserve the right to impose a finance charge equal to 1.5% per month on all amounts due to us beginning on the 31st day following the sale until payment of the total amount due is received, in addition to other remedies available to us by law.
You acknowledge that any royalties purchased on our Site but not paid by BraunCo are due from the underlying royalty distributor, and you agree that BraunCo is not liable for underpayment or nonpayment of royalties. In the event that the seller or its distributor defaults for any reason, your sole remedy is against the seller or its distributor only.
DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of the Marketplace will be uninterrupted, timely, secure or error-free. We reserve the right to resolve any errors in the Marketplace by any means at our sole discretion. We do not warrant that the results that may be obtained from the use of the Marketplace will be accurate or reliable. You agree that from time to time we may remove the Marketplace for indefinite periods of time or cancel the Marketplace at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Marketplace is at your sole risk. The Marketplace and all products and services delivered to you through the Marketplace are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECURITIES MATTERS
Nothing in these Terms of Use shall be considered a waiver that would be impermissible under Section 14 of the Securities Act of 1933, (the “Securities Act”) Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.
PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as defined below), you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by us at any time without notice and with or without cause.
RESTRICTIONS ON DATA COLLECTION/TERMINATION
Without our prior consent, you may not:
- use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
- frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages;
- engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information; or
- use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site.
We may terminate or disable your access to, or use of, this Site and the Marketplace for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any portion of these Terms of Use.
TRADEMARKS
BraunCo and other Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of the Company in the U.S. and other countries. The Company’s trademarks and trade dress shall not be used, including as part of trademarks and as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
USER REPRESENTATIONS
You state that no materials of any kind submitted through your account or otherwise posted or shared by you through the Marketplace will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Marketplace or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Marketplace or the Site or for any other purpose. You further agree that you may not use the Marketplace or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Marketplace or the Site to:
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another user;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Marketplace or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its Users to any harm or liability of any type.
USER CONTENT
You are solely responsible for information or other content that you upload, publish, provide or display on or through the Marketplace or the Site, or transmit to or share with other Users (collectively the “User Content”). It is against the Terms of Use to contact Users directly or to attempt to enter into any transactions with Users outside of the Marketplace. You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.
THIRD-PARTY ACCOUNTS
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to us through the Marketplace, you are licensing that content to us for the purpose of providing the services associated with such content. We may use and store the content in accordance with these Terms of Use and our Privacy Policy. You represent that you are entitled to submit the content to us for use for this purpose, without any obligation by us to pay any fees or be subject to any restrictions or limitations. By submitting the content, you expressly authorize us to access your accounts maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the “connect accounts” feature of the Marketplace, you will be directly connected to the website for the third party you have identified. We will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit us to use and store information submitted by you to accomplish the foregoing and to configure the Marketplace so that it is compatible with the third-party sites for which you submit your information. You understand that the Marketplace is not sponsored or endorsed by any third parties accessible through the Marketplace.
COPYRIGHT COMPLAINTS
If you believe that any material on the Site infringes upon your copyright, you may send a written notification of such infringement to:
Address: Attention: Copyright Agent – Braunco 438 Pacific Coast Highway, Hermosa Beach, CA 90254
Email Address: info@BraunCo.com
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, the accounts of Users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
LINKS TO OTHER WEB SITES AND CONTENT
The Site contains (or you may be sent through the Site or the Marketplace) links to other web sites (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern, except to the extent otherwise set forth above. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
PRIVACY
Please review our Privacy Policy, which also governs your use of the Site and the Marketplace, to understand our practices.
DISCLAIMERS
The Company does not guarantee the accuracy of any User Content or Third Party Content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Marketplace. The Company cannot guarantee and does not promise any specific results from use of the Site or Marketplace.
The Site and the Marketplace may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Marketplace. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Marketplace, any User Content or Third Party Content posted on or through the Site or the Marketplace or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
The Company reserves the right to change all content contained in the Site and any services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
LIMITATION ON LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED AND EXCEPT AS PROVIDED ABOVE IN THE PARAGRAPH TITLED, ” SECURITIES MATTERS”, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN EXCEPT AS PROVIDED ABOVE IN THE PARAGRAPH TITLED, ” SECURITIES MATTERS”, TO THE EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES RENDERED. IN NO CASE, EXCEPT AS PROVIDED ABOVE IN THE PARAGRAPH TITLED, ” SECURITIES MATTERS”, WILL THE COMPANY’S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICES RENDERED, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
IN ADDITION TO THE SPECIFIC SECURITIES LAWS PROVISIONS DESCRIBED ABOVE IN THE PARAGRAPH TITLED, “SECURITIES MATTERS”, CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
GOVERNING LAW; VENUE AND JURISDICTION
The laws of the State of Colorado govern all matters arising from these Terms of Use and the exclusive forum shall be a federal or state court in Denver County, Colorado.
INDEMNITY
You hereby indemnify Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, against all losses and liabilities, including reasonable attorney’s fees, arising out of or in connection with your use of the Marketplace or the Site, your User Content, any Third Party Content you post or share on or through the Site, your conduct in connection with the Marketplace or the Site or with other Users of the Marketplace or the Site, or any violation of these Terms of Use or of any law or the rights of any third party.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Marketplace (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
OTHER
The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
BraunCo Privacy Policy
Last updated: October 3, 2022
Introduction
Braunco and its affiliates and subsidiaries (“Braunco,” “Company,” “we,” “us,” or “our”) respect your concerns about privacy. This policy discloses which information we collect and how we use it, as well as the choices you can make about the way your information is collected and used. We also explain how any personal and/or personally identifiable information that we may request will be used. We also detail below our security policy, which describes how your personal information is protected.
In general, and as described in detail below, we collect several types of information from you:
- Personal information required to verify your identity
- Personal and financial information necessary to assess your eligibility to participate in the marketplace
- Optional personal information you may wish to share in the furtherance of your goals in using our site
- Information about your visits to and use of this web site or the web sites of third-party services to help us maintain the appropriate features, functionality and user experience
Information we collect from you and about you
We collect personal and financial information from you while you use the site, and most of this collection occurs during registration. Additional information may be gathered during your subsequent use of the site, whenever you choose to provide it.
Certain personal information must be supplied during the registration processes, as indicated below, in order to (a) enable registered users to login to the site, (b) determine users’ eligibility to participate in the marketplace, (c) verify your identity, and (d) guard against potential fraud. This basic personal information includes:
- Your name
- Your email address
- Your home address and telephone number
We may request or you may choose to provide additional information such as credentials, access or links to your accounts with various third parties (i.e. financial institutions, royalty distributors, etc.).
We will use your required and optional information to facilitate activities and transactions, such as:
- Enabling our financial services partners to verify your identity, implement fund transfers and receive payments
- Contacting you to complete a transaction you request or resolve an issue with your account
- Implementing collection activities as needed
- Collecting, storing and analyzing data
- Presenting you analyses and offers based on information you provide
- Improving our products and services
- Maintaining regular communications with you concerning transactions you initiate, such as requesting information or assistance, etc.
In addition, we gather names and email addresses of people who contact us through our web site with questions about our company or operations. We collect this information for the sole purpose of responding to such inquiries and do not store the contact information unless requested by these people, such as in the case of job applicants who submit resumes, etc.
We (and/or our service providers) collect information about your computer and your visits to our web site, such as your IP address, geographical location, browser type, referral source, length of visit, and page views through the use of log files. We (and/or our service providers) use this aggregated information in the administration of our web site to improve its usability and to evaluate the success of particular marketing/advertising campaigns, search engine optimization strategies and other marketing activities. We (and/or our service providers) use non-identifying and aggregated information to help optimize our web site based on the needs of our users.
Finally, we may receive information about you from our trusted business partners and service providers.
We will retain your information for as long as your account is active, as needed to provide you services or as otherwise needed for our business purposes. We will retain and use your information as necessary to comply with our legal obligations, complete transactions, resolve disputes, improve our products and services, and enforce our agreements.
Communications from our Site
When you register on our site you will receive emails that confirm specific actions you requested. You will receive notifications confirming your registration, the successful verification of email addresses, and confirmation of marketplace participation. You will also receive progress updates on the status of auctions and transactions that you participate in. These are transactional notifications that you cannot opt out of receiving, as they are in place to protect the security of your account and your personal information. We may also send you responses to emails you send us, if appropriate or applicable. From time to time, we will also send user surveys, requests for user feedback regarding user experience and site operations or marketing offers from us or from us on behalf of our marketing partners. The completion of these surveys or requests for feedback or acceptance of any offer is strictly voluntary. If you do not wish to receive these offers, surveys or user feedback emails, please opt out in any offer email you receive from us.
How and when your information is shared with other parties
We may share personal information we collect with our trusted business partners that perform vital functions as part of our operations, including electronic payment service providers and transaction processors. We also will share information with service providers that perform services on our behalf. These partners and service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
We may share our research or analysis of aggregated customer data or information we receive, but only in a way that would not allow you or any other person to be identified.
We may also disclose information about you: (i) if we are required to do so by law or legal process (such as in SEC filings), (ii) to law enforcement authorities or other government officials, (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity, or (iv) if necessary to protect the vital interests of another individual (such as to prevent death, bodily harm, or serious damage to property). We reserve the right to transfer information about our users in the event we sell or transfer all or substantially all our business or assets.
Web-related information collection
We use web beacons or pixel tags, which are tiny graphics, in conjunction with cookies on our web site, including session ID cookies, non-persistent cookies and persistent cookies. A cookie is a text file sent by a web server to a web browser and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser and load the pages according to a user’s preferences for that particular site, including the personalization of content. Cookies are also used to gather statistical data, such as which pages are visited, what is downloaded, the ISP’s domain name and country of origin, and the addresses of sites visited before and after coming to our site, as well as your “click stream” activity (meaning, the paths taken by visitors to our site as they navigate from page to page) and transactional attributes in accordance with information you voluntarily submit in the course of using our site. This data is aggregated for analysis to ensure proper functioning of our site, in terms of navigation and usability, as well as to evaluate the effectiveness of our marketing efforts. At no time do any of our cookies capture any personal information. More importantly, using cookies also helps us protect the security of your account. Session ID cookies follow your activities on our site so that we can ensure that no one is making changes to your profile, applying for loans or making loans on your behalf. This information is encrypted and no personal data about you is stored on our servers.
We may send a cookie that can be stored by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of our web site, to improve its usability and for evaluating our marketing effectiveness as described above. We may also use that information to recognize your computer when you visit our web site (if you select the “remember me on this computer” option, and to personalize our web site for you. Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookie by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector). Blocking cookies, however, can also have a negative impact on the usability of many web sites.
Cookies may have long-term expiration dates, or none, and thus can stay in your hard drive for months at a time. While you can remove them as instructed by the help content in your chosen browser, disabling cookies will prevent you from using our site. As with many transactional web sites, cookies must be enabled in order to use our site.
We use third-party tracking services (e.g. Hotjar, Google Analytics, Heap) that use cookies to track non-personal information about visitors to our site in the aggregate (such as web page views and referral page information to track the success of our marketing efforts to bring people to our site as well as overall site performance). We use respective web beacons to gather information that lets us tune and improve our users’ browsing experience, as well as track user responsiveness to various advertising campaigns and user activities. As with cookies, the information these beacons collect is aggregated, anonymous “click stream” and transactional data, and is not associated with any users as individuals. No personal or sensitive information is transmitted to advertising partners (but some partners may use incoming IP addresses to avoid double-counting the number of new members who joined as a result of the advertising campaign).
If you would like more information about the use of third-party cookies and tags, or the process of opting out of such cookies or tags, please visit https://www.hotjar.com/legal/compliance/opt-out and http://www.google.com/privacy.html and https://heap.io/privacy.
We use Hubspot to gain insight into visitor flows, traffic sources and page views on our website, and to initiate and track email interactions. Entering information on our website and interacting with our emails will cause you to be personally identified. This means we can see, for example, whether you open our email and whether you click through to our website, and what your website activities are. If you wish to avoid this tracking, you can unsubscribe from our mailings and/or customize the settings of your browser so that it refuses cookies. For more information, please refer to Hubspot’s Privacy Policy here: https://legal.hubspot.com/privacy-policy.
We may allow third-party companies, including ad networks, to serve advertisements, providing other advertising services and/or collect certain information when you visit our website. Third-party companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visit to this website in order to provide advertisements about goods and services likely to be of interest to you. To learn more about Interest-Based Advertising or to opt-out of this type of advertising, you can visit AboutAds.info/choices or www.networkadvertising.org/choices/.
Compliance with state and federal laws
This privacy policy may not constitute your entire set of privacy rights, as these may also vary from state to state. To be certain of your privacy rights, you may wish to contact the appropriate agency in your state that is charged with overseeing privacy rights of consumers. Certain regulations issued by state and/or federal government agencies may require us to maintain and report demographic information on the collective activities of our membership. We may also be required to maintain your personal information for at least seven years in order to be in compliance with applicable federal and state laws regarding recordkeeping, reporting and audits.
Where required under applicable law, we will only collect and process personal information about you if we can rely on a valid legal ground for that processing, such as consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the Service you have requested)), legal obligations (e.g. for compliance with securities laws) and “legitimate interests” (e.g. for product development and analytics purposes).
If you have any questions about the lawful bases upon which we collect and use your Personal Information, please contact us as described below.
California Users: Subject to certain limitations, the California Consumer Privacy Act provides California consumers the right to request more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.
California consumers may make a request pursuant to their rights under the CCPA by contacting us at info@BraunCo.com. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.
European Users: If you are located in the European Economic Area or Switzerland, you may have the right to:
Request access to and receive information about the personal information we maintain about you, to update and correct inaccuracies in your personal information, to restrict or to object to the processing of your personal information, to have the information anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer your personal information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
Withdraw any consent you previously provided to us regarding the processing of your personal information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.
Those rights may be limited in some circumstances by local law requirements. You may exercise your rights by contacting us as specified below.
Links to other sites
We may offer links to partners’ sites. We make the decision to provide links to these sites based on the quality of information provided at the time the links are enabled or to facilitate our customers’ more effective use of our platform, and we make every effort to monitor the continuing quality of content provided on these sites. However, these external sites are not subject to this privacy policy and may have different privacy policies or approaches to the handling of information. Further, we have no control over the content of these sites. Please consult the privacy policies on these sites before you provide them with any of your personal information.
Access, correction, and deletion
We will provide you with the ability to access, correct, or delete certain information we have about you, such as your contact information. Your right to access, correct, or delete personal information may be limited in some circumstances. Please submit your request by sending an email to the address specified in the “How to Contact Us” section below. Please include your name, email address, and postal address in your request, and describe specifically the information that you would like to access, correct, or delete so that we may respond appropriately and promptly.
How we protect personal information
We maintain appropriate administrative, technical, and physical safeguards to protect your personal information from accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use and other unlawful forms of processing. In some cases your information is accessible when you log into a feature we offer, and in those cases you need to keep your log in information, such as your password, confidential and secure so that your information is protected.
We may make changes to this policy
As technologies, laws and user needs change, our site and its features will also change. This policy may be updated from time to time as such needs dictate, and we will indicate at the bottom of this page the date the policy was last updated.
How to contacts us
If you have any questions or comments about this policy, or if you would like us to update, amend, or request deletion of the information we have about you or your preferences, please contact us as follows:
Address:
BraunCo
438 Pacific Coast Highway
Hermosa Beach, CA 90254
Attn: Privacy Department
Email: info@braunco.com