TERMS OF USE

1. Acceptance of the Terms of Use. These terms of use are entered into by and between You and ERC Genie LLC, a Connecticut limited liability company (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) govern your access to and use of https://ercgenie.com , including any content, functionality, and services offered on or through https://ercgenie.com (the “Website”).

By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

It is a condition of your use of the Website that all information you provide on and through the Website is correct, current, and complete. You agree that all information you provide to us through or on the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

4. No Legal or Tax Advice. The information provided on the Website does not, and is not intended to, constitute tax, legal, or other professional advice.  You are encouraged and agree to seek tax, legal, or other professional advice from a duly licensed and qualified professional.  The presentation of any information contained on the Website is not intended to and will not create or constitute an attorney-client or professional-client relationship.

5. Intellectual Property Rights. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof) are owned by the Company (whether appearing under its full legal name or its trade name), its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media platform features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@ercgenie.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6. Trademarks. The name “ERC Genie” and all related names, logos product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans and all other intellectual property on this Website which are not owned by the Company are the property of their respective owners.

7. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with our content standards.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

8. Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or providing any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.  We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Copyright Policy. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to support@ercgenie.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

10. Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11. Changes to the Website. We may update the content on this Website from time to time, but some content may not be complete or current. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

12. Information About You and Your Visits to the Website. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. Linking to the Website. You may link to our homepage, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.  Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

14. Links from the Website. If the Website contains links to other sites and resources provided by third parties (including, without limitation, embedded applications), these links and resources are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Geographic Restrictions. The owner of the Website is based in the State of Connecticut in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification. To the fullest extent permitted by applicable law, You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

19. Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).  Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut, in either case located in Fairfield County, Connecticut.

20. Your Comments and Concerns. This website is operated by  All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.  All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@ercgenie.com .

21. Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Last Updated:  July 2022

PRIVACY POLICY

ERC Genie LLC (“ERC Genie”, “we”, “us” or “our”) is committed to respecting the privacy of our customers and their employees and users. This Privacy Policy describes how our website operates and how we collect, use, and share Personal Information, as defined herein. This Privacy Policy (“Policy” or “Privacy Policy”) applies to https://ercgenie.com/ and other ERC Genie websites or services that collect Personal Information and provide a link to this Privacy Policy (the “Sites”).

Please Note: This Policy does not apply to information collected and processed using ERC Genie’s paid or subscription-based software as a service products (“SaaS”). All terms and conditions of access and use of information via SaaS, including without limitation data privacy and processing, are governed by the written agreement between ERC Genie and your company and no access to ERC Genie SaaS is permitted or enabled without such a written agreement.

By accessing and utilizing our Sites, you acknowledge to have read and understood this Privacy Policy.  Please note, if you elect to not share your Personal Information with us, we may be unable to provide you with certain products, services and functionalities we offer through our Sites.

1. Categories of Personal Information We Collect and How We Collect It

In order to provide you with access to certain services or data within our Sites, we may require that you provide certain Personal Information. The term “Personal Information” as used in this Policy means any information that identifies an individual either alone or in combination with other data. We may also collect information that does not, on its own, identify an individual person. When non-identifying information is combined with other information so that it does identify an individual person, we treat the combination as Personal Information.

We collect the following Categories of Personal Information:

• Contact Information (e.g., Name, Street Address, Email Address, Telephone Number)

How we collect it:

We only collect Contact Information when you provide it to us. For example, by submitting your email address or other contact information to receive news and other information from us.

• Browser & Site Access Information (“Clickstream” Information): This includes information which may include the name of the domain and host from which you access the Internet; the browser software you use and your operating system; the internet address of the website from which you linked to the Sites; the internet address of the device you used to access the Sites and the general location from which such access occurred; and the times when you accessed the Sites.

How we collect it:

We collect this information automatically when you browse or download content from our Sites using certain data collection tools described more fully under “Cookies and Tracking Activity” below.

We do not collect or process sensitive personal information, such as race or ethnic origin, religious or philosophical beliefs, political affiliations or opinions, genetic or biometric data, health information, information about sexual orientation or history, precise geolocation data, or other information considered to be “sensitive” under applicable privacy laws.

2. How We Use Personal Information

We use Personal Information collected on our Sites to process requests and transactions you make through the Sites and deliver the content or services you may enroll in or request. To do this, it may be necessary to share Personal Information with carefully selected vendors and business partners we work with. We also may use it, together with preferences you indicate, to customize your online experience and to provide you with more relevant information and updates.

We may use or process (or disclose to a service provider to process on our behalf) the Personal Information we collect for one or more of the following business purposes:

• To fulfill or satisfy the reason for which the information was provided.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To improve our Sites and for testing, research, analysis and product development.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including this Policy and our Site Terms and Conditions.
• As necessary or appropriate to protect the rights, property or safety of ERC Genie or others.
• 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 this Privacy Policy.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different or unrelated purposes without updating this Policy.

Protection of Personal Information.  We maintain reasonable administrative, technical, and physical safeguards to protect the Personal Information we collect and process.

Retention of Personal Information.  We retain Personal Information for a reasonable period after we no longer need it for the purpose for which it was collected (or for any subsequent purpose that is compatible with the original purpose), taking into account legal requirements that apply to us as well as our legitimate interests. When you provide us your Contact Information to receive  information about our products and services or our commercial offers, we will retain the information until you withdraw your consent by unsubscribing or as described below under “Your Individual Rights.”

3. How We Share Personal Information

We will not sell your Personal Information. We will process your Personal Information for the purpose it was collected and as described in this Privacy Policy, including as follows:

• With third-parties to whom you authorize us to disclose your Personal Information;
• With our trusted service providers to process Personal Information on our behalf as described above under “How We Use Personal Information”;
• With affiliated entities under common control with us;
• With businesses we partner with to provide services to you or our customers;
• With our auditors, legal advisors, and similar third-party professionals;
• For marketing campaigns conducted by us or a third-party service provider to offer products or services we believe may be of interest to our customers; or
• In connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business.

Our service providers and our affiliates are required to keep confidential and secure the Personal Information received from us substantially in accordance with this Privacy Policy, and they may not use Personal Information for any other purpose other than for the purpose for which we provided it.  When we share your Personal Information with service providers we engage to process data on our behalf, including our affiliates, we will ensure those third parties are contractually bound to guarantee the same levels of privacy protection and confidentiality observed by ERC Genie when handling your Personal Information, and as required under applicable laws.

For more information about your rights to decide how we share your Personal Information, please refer to “Your Individual Rights and Choices” below.

We may also share information with third-parties in the following unique circumstances:

• when required by law or to otherwise cooperate with law enforcement activity; or
• when it is necessary to protect our rights or property from fraudulent, abusive, or unlawful activity, to the extent permitted by law.

4. Your Individual Rights and Choices

You may access, verify, update or correct your Personal Information,  or have any of your Personal Information deleted as more fully described below. You may also ask us to change your preferences regarding how we use or disclose your information or let us know that you do not wish to receive any further communication from us.

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 12 months. Once we receive and confirm your verifiable consumer 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 your Personal Information.
• The categories of third-parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you.
• If requested, we will provide you with a copy of your personal information in a machine-readable format.

You may contact us for such information or to opt out of the sharing of your personal information with third parties for marketing purposes at any time by contacting us as described below under “How to Exercise Your Rights”.

Correction Request Rights. You have the right to request that we correct any inaccurate Personal Information that we collected and retained about you, subject to certain exceptions. You may be able to correct certain information yourself by logging in and updating your online profile if our Sites include such functionality. With respect to personal information unavailable for editing within your online profile, once we receive and confirm your verifiable consumer request, we will update (and direct our service providers to update) your Personal Information within our records, unless an exception applies. We may deny your correction request if we cannot verify your identity, or if we determine, under the totality of the circumstances that the contested Personal Information in our possession is more likely than not to be accurate.

Deletion Request Rights. 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. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with a legal obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it and applicable law.

Non-Discrimination.  We will not discriminate against you for exercising any of your rights described in this Privacy Policy. Unless otherwise permitted by applicable law, 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; 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.

How to Exercise Your Rights.

To exercise the access, data portability, correction, deletion, and other rights described in this Privacy Policy, please submit a verifiable consumer request to us by either:

• Calling us at 203-480-0300
• Emailing us at support@ercgenie.com

Only you or a person that you authorize to act on your behalf, as evidenced by registration with the Secretary of State in which you reside, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.  The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or 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 the personal information relates to you.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format.

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 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 12-month period preceding the verifiable consumer request’s receipt.  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 generally do not charge a fee to respond to your verifiable consumer request.  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.

5. Cookies & Tracking Activity

“Cookies” are small text files that are automatically placed on your computer or other device when you visit a website. The cookies are stored by the internet browser. The browser sends the cookies back to the website on each subsequent visit, allowing the website to recognize your computer or device. This recognition enables the website provider to observe your activity on the website, deliver a personalized, responsive service and improve the website.

Cookies make the use of our Sites easier by, among other things, saving your preferences. We may also use cookies to deliver content tailored to your interests. Our cookies may enable us to relate your use of our Sites to Personal Information that you previously submitted.

The information we collect with cookies allows us to statistically analyze usage of our Sites, and to improve and customize our content and other offerings. However, we only disclose information collected with cookies to third-parties on an aggregated basis without the use of any information that personally identifies you.

Categories of Cookies We May Use.  To support our Sites and our services, we may use one or more of the following cookies throughout our Sites for the purposes set forth below:

• Essential Cookies: These cookies are essential to provide you with services available through our Sites and to enable you to use some of its features. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
• Functionality or Customization Cookies: These cookies allow us to remember choices you make when you use our services. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Sites.
• Analytics and Performance Cookies: These cookies are used to collect information about traffic to our Sites and how users use our Sites and services. The information gathered does not identify any individual visitor. The information is aggregated and therefore anonymous. It includes the number of visitors to our Sites, the websites that referred them to our Sites, the pages that they visited on our Sites, what time of day they visited our Sites, whether they have visited our Sites before, and other similar information. We use this information to help operate our Sites more efficiently, to gather broad demographic information, and to monitor the level of activity on our Sites. We use Google Analytics for this purpose to improve how our Sites operate. Google Analytics uses its own cookies.
  • You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies.
  • You can find out more about how Google protects your data here: http://www.google.com/analytics/learn/privacy.html.
  • To opt out of our Google Analytics Cookies, click here: https://tools.google.com/dlpage/gaoptout/

Web Beacons.  We may also use other similar technologies on our Sites to recognize and track visitors to our Sites. A web beacon (also known as a “tracking pixel” or “clear GIF“) is a clear graphic image (typically a one-pixel tag) that is delivered through a web browser or HTML e-mail, typically in conjunction with a cookie. Certain email communications you receive from us may contain web beacons. Web beacons allow us, for example, to obtain information such as the IP address of the computer device that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the browser type used to view the page and the information in cookies. We use web beacons for activities such as monitoring the effectiveness of our communications, to understand whether users have come to our Sites from an online advertisement displayed on a third-party website, to measure how ads have been viewed and to improve Site performance.

Third-Party Cookies.  Please note that third-parties (including, for example, advertising networks and providers of external services like web traffic analysis services) use third-party cookies in connection with your use of their websites and services, over which we have no control. These third-party cookies are likely to be analytical or performance cookies or targeting cookies. These companies may use information about your visits to our Sites and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements.

Additional Information About Cookies. You can find more information about cookies and how they work, what cookies have been set on your computer or mobile device and how to manage and delete them at http://www.allaboutcookies.org.

Managing Cookies.  You can adjust your computer browser settings so that you are informed when a cookie is being placed on your browser. You can also set your browser to decline or accept all cookies. When you first access our Sites you may receive a message advising you that cookies and similar technologies are in use. By clicking “accept cookies,” you understand and agree to the use of the cookies and use of similar technologies described in this Policy.

Do Not Track.  Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating that you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Sites do not currently respond to DNT signals. You can use the range of other tools we provide to control data collection and use, as described above. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

6. Miscellaneous
   1. Third-Party Sites. Our Sites may contain links to other websites that operate independently from ERC Genie. Linked websites may have their own privacy policies or notices.  If you visit any linked websites, we strongly suggest you review their privacy policy.  Any information you provide when you visit a nonaffiliated website is subject to the privacy policies posted on those websites.  We are not responsible for the content of any websites that are not affiliated with or owned by ERC Genie, any use of those websites, or the privacy practices of those websites. We may also provide social media features on our Sites that enable you to share information with your social networks and to interact with us on various social media sites.  Your use of these features may result in the collection or sharing of information about you, depending on the feature.  We encourage you to review the privacy policies or notices and settings on the social media sites with which you interact to make sure you understand the information that could be shared by those sites. You may elect to not use ERC Genie’s social media features and/or adjust your personal settings and preferences to protect your privacy.

1. Advertisements Linking to our Sites. We may hire other companies to place our banner ads on other websites and to perform tracking and reporting activities (“Third-party advertisement servers”). They do not collect personally identifiable information in doing this work for us, and we do not give any of your Personal Information to them. Third-party advertisement servers are subject to their own privacy policies. If you would like more information about the privacy policies of these third-party advertisement servers, including information on how to opt out of their tracking methods, we refer you to the privacy policies of their websites.

18. Applicability to Children. Our Sites and services are not intended for children. We do not knowingly solicit data online from or market online to children under the age of 18.

1. Information for Users Outside the United States. Our Sites are operated in the United States and ERC Genie is not established in any other country, nor does it target citizens in other countries with respect to the Sites. If you are located in another jurisdiction, please be aware that information you provide to us will be transferred to, stored and processed in the United States.  By using our Sites or providing us with any information, you consent to this transfer, processing, and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. However, no system is completely secure or error-free. We do not, and cannot, guarantee the complete security of your information.

1. Changes to this Policy. We may change this Privacy Policy from time to time at our discretion. We will indicate at the top of the Privacy Policy when it was most recently updated. We will not use your Personal Information in ways that differ materially from this Privacy Statement without prior notice to you, and in no event will we use your Personal Information in ways prohibited by law.

1. Contact Us. To exercise any of your rights under this Privacy Policy or for any questions regarding this Policy, we encourage you to contact us by either calling 203-480-0300 or emailing support@ercgenie.com.

Last Updated: October 24, 2023

DATA PROCESSING AGREEMENT

This Data Processing Agreement (“DPA”) becomes effective when you register to transmit information to ERC Genie LLC (“ERCG”) and supplements and amends all agreement(s), statements of work, and engagement letters that may exist (together the “Agreement(s)”) between Customer (as defined below) and ERCG with respect to ERCG’s obligations regarding Personal Information (defined below), and supersedes any inconsistent provisions in such Agreement(s) to the extent they apply to Personal Information. 

ERCG hereby acknowledges it may come into possession of Personal Information of Customer, and Customer’s respective employees, customers and other individuals during the provision of services under the Agreements. 

1. Acceptance and Agreement. By completing ERCG’s registration for online data transmission you are agreeing and accepting the terms and conditions of this DPA on behalf of the non-ERCG party or parties to the Agreement(s) (the “Customer”). You represent that you have the requisite authority to enter binding agreements on behalf of Customer.
2. Definitions. The capitalized terms used in this DPA have the meaning ascribed to each below:
   1. “Personal Information” means any information disclosed or provided by Customer to ERCG that is linked or can be reasonably linked to an identified or identifiable individual, and includes the terms “Personally Identifiable Information,” “Personal Data,” or substantively similar terms used within the Privacy Laws.
   2. “Privacy Laws” means, to the extent applicable to the Agreement(s), any privacy, data security, breach notification, or data disposal law and the corresponding rules and regulations enacted by any governmental authority of the United States or any individual State including, without limitation, the California Consumer Privacy Act of 2018 (including the amendments enacted by the California Privacy Rights Act of 2020, the “CCPA/CPRA”), the Colorado Privacy Act (“CPA”), Connecticut’s Act Concerning Personal Data Privacy and Online Monitoring (“CTDPA”), the Virginia Consumer Data Protection Act (“VCDPA”), and the Utah Consumer Privacy Act (“UCPA”); each as may be amended from time to time.
3. ERCG, its employees, contractors, subcontractors, and agents shall use and process Personal Information solely for the purposes of carrying out ERCG’s obligations as expressly permitted by the Agreements, this DPA, or as required by law, and not for any other purposes, provided such use or access is restricted to only those individuals with a bona fide need for the Personal Information, and limited to the minimum necessary amount of Personal Information for the intended purpose. ERCG shall not use or disclose any Personal Information in a manner that either: (i) is inconsistent with Customer’s or ERCG’s obligations under the Agreement(s); or (ii) would violate any Privacy Laws if disclosed or used in such a manner by Customer.
4. ERCG, its employees, contractors, subcontractors, and agents shall not: (i) further disclose any Personal Information without the written consent of Customer; (ii) use or further disclose any other Personal Information in a manner that would violate any of the Privacy Laws; or (iii) sell Personal Information under any circumstances.

5. ERCG shall notify any of its employees, contractors, subcontractors and agents who will access any Personal Information of the sensitive nature of the information, ERCG’s obligations under this DPA, and the limitations and obligations imposed on each of them as a condition to processing or accessing Personal Information. ERCG shall not disclose or make Personal Information available to contractors, subcontractors, or agents without Customer’s prior written consent, which Customer can withhold in its sole discretion. ERCG shall require any contractor, subcontractor, or agent to whom it provides Personal Information to agree in writing to substantially similar conditions and restrictions that apply to ERCG with regard to Personal Information, including, without limitation, all requirements in this DPA.
6. While this DPA remains in effect, ERCG, its employees, contractors, subcontractors, and agents shall maintain and use appropriate safeguards to prevent use or disclosure of any Personal Information other than as expressly contemplated in the Agreements, including appropriate administrative, physical, and technical safeguards. These safeguards include, without limitation: (i) controls to restrict access to Personal Information to those employees, contractors, subcontractors and agents of ERCG who require access to such information to carry out the purposes for which the Personal Information was provided to ERCG; (ii) network security protections (e.g., firewalls, anti-viral and anti-malware protection, and regular evaluation and installation of critical patches and upgrades to ERCG’s network-attached hardware and software); (iii) encryption of any Personal Information transmitted over public or wireless networks; and (iv) storage of any physical manifestation of Personal Information within secure physical storage facilities.
7. In the event of any compromise of the integrity or availability of Personal Information or ERCG’s network or information systems, or any act or attempt suspected to have gained unauthorized access to, disrupted or misused any Personal Information or ERCG’s network of information systems (each a “Security Incident”), ERCG shall:
8. Promptly investigate, correct, mitigate or otherwise handle the Security Incident and take reasonable steps to prevent the continuation or recurrence of the Security Incident. ERCG shall notify Customer of any Security Incident without unreasonable delay, but in no event later than three (3) business days after ERCG’s discovery of the Security Incident, unless ERCG has been instructed by a law enforcement agency not to disclose the Security Incident. In such event, ERCG shall notify Customer of the Security Incident immediately after being authorized to do so by the law enforcement agency. ERCG shall provide Customer sufficient information to enable Customer to notify any impacted customers or individuals and evaluate whether the Security Incident constitutes a “breach” requiring notification pursuant to the Privacy Laws (a “Data Breach”); and
9. In the event ERCG or Customer determines the Security Incident constitutes a Data Breach, ERCG shall cooperate with Customer in providing timely notice of the Data Breach to the impacted individuals and applicable government agencies.

8. Within 30 days of the termination, cancellation, expiration or other conclusion of an Agreement, ERCG shall return the Personal Information related to that Agreement to Customer in a format reasonably acceptable to Customer unless Customer requests in writing that such data be destroyed, and shall destroy all other copies of the Personal Information in its possession or control. ERCG shall certify in writing to Customer that such return or destruction has been completed. Notwithstanding the foregoing, ERCG shall not be obligated to destroy such Personal Information if, in the opinion of ERCG’s counsel, such destruction would be unlawful, or would violate any order, judgment, writ or decree to which ERCG is subject to or by which it is bound; and
9. In the event ERCG is at any time requested or required by a regulatory tribunal or governmental body with appropriate jurisdiction to disclose any of the Personal Information, ERCG shall provide Customer with prompt notice of such request and the documents and/or information requested thereby so that Customer may seek an appropriate protective order and/or waive ERCG’s compliance with the provisions of this DPA.
10. The Parties agree that owing to the nature of this DPA, money damages would not be a sufficient remedy for any breach of this DPA, and Customer shall be entitled to specific performance and injunctive and/or other equitable relief as a remedy for any such breach by ERCG. ERCG hereby consents to any such remedy and further agrees to waive any requirement for the securing or posting of any bond in connection with such remedy. Such remedy shall not be deemed to be the exclusive remedy for breach of this DPA, but shall be in addition to all other remedies available at law or equity. 
11. The terms and conditions set forth in this DPA shall survive termination of an Agreement for any period in which the Personal Information remains in the ERCG’s custody and control until such time as ERCG is able to return or destroy the Customer’s Personal Information in accordance with this DPA