Privacy Policy

Table of Contents

1. Definitions

In this Privacy Policy, we use certain terms and definitions. To ensure clarity, we have defined these terms:

Personal Data
Any information relating to an identified or identifiable natural person.
Processing
Any operation or set of operations performed on Personal Data.
Data Subject
The individual to whom Personal Data refers.

2. Data Protection Principles

  • Lawfulness, Fairness, and Transparency: We process Personal Data lawfully, fairly, and transparently.
  • Purpose Limitation: We collect and process Personal Data for specific, explicit, and legitimate purposes.
  • Data Minimization: We only collect data that is necessary for the intended purpose.
  • Accuracy: We strive to keep Personal Data accurate and up to date.
  • Storage Limitation: We retain Personal Data for the duration needed for the purposes for which it was collected.
  • Integrity and Confidentiality: We maintain the security and confidentiality of Personal Data.
  • Accountability: We are accountable for complying with data protection principles.

3. Data Subject’s Rights

Data subjects have certain rights regarding their Personal Data. These rights include:

  • Right to Access: Data subjects can request access to their Personal Data and information about how it’s used.
  • Right to Rectification: Data subjects can request corrections to inaccurate or incomplete Personal Data.
  • Right to Erasure: Data subjects can request the deletion of their Personal Data under certain circumstances.
  • Right to Restriction of Processing: Data subjects can request limitations on how their data is processed.
  • Right to Data Portability: Data subjects can receive their Personal Data in a structured, commonly used format.
  • Right to Object: Data subjects can object to the processing of their Personal Data for specific reasons.
  • Right to Withdraw Consent: If processing is based on consent, data subjects can withdraw consent at any time.

4. Data We Gather

We collect various types of Personal Data for different purposes. The types of data we gather include:

4.1. Information You Have Provided to Us

This includes data you have voluntarily provided to us, such as your name, email address, and contact information when you sign up for our services or interact with us.

4.2. Information Automatically Collected About You

When you use our website or services, certain information may be automatically collected, such as your IP address, device information, and browsing history.

If you provide your website and expressly consent, we may collect additional information to improve our services and tailor them to your needs.

4.4. Information from Our Partners

We may receive information from our partners and third-party sources, which we may combine with the data we collect to enhance our services.

4.5. Publicly Available Information

We may collect information that is publicly available, which may include information from publicly accessible sources or online platforms.

5. How We Use Your Personal Data

We use your Personal Data for various purposes, including but not limited to:

5.1. On the Grounds of Entering into a Contract or Fulfilling Contractual Obligations

– To identify you for communication purposes.
– To provide you with a service or send/offer you a product.
– To communicate for sales or invoicing.

5.2. On the Ground of Legitimate Interest

– To send you personalized offers (from us and/or our carefully selected partners).
– To administer and analyze our client base (purchasing behavior and history) to improve the quality, variety, and availability of products/services offered/provided.
– To conduct questionnaires concerning client satisfaction.
– To offer you products/services that are similar or the same as your purchasing history/browsing behavior.

– To send you newsletters and campaign offers (from us and/or our carefully selected partners).
– To build a database of relevant search information to improve the quality, variety, and availability of our products and services.
– For other purposes for which you have given your consent.

We process your Personal Data to fulfill obligations arising from law or use your Personal Data for options provided by law.

5.5. Additional Purposes

We may process your Personal Data for additional purposes that are compatible with the original purpose for which the data was gathered, with appropriate safeguards and notification.

6. Who Else Can Access Your Personal Data

We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience.

6.1. Our Processing Partners:

– Google Analytics
– Facebook Pixel
– [List any other processing partners you may have]

6.2. Our Business Partners:

– [List any business partners you may have]

6.3. Connected Third Parties:

We may share your data with any other third party with your prior consent.

6.4. Nevada Consumers

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us through the email address provided in this Privacy Policy.

6.5 Your California Privacy Rights

If you are a California resident, California law may provide you with certain rights regarding your personal information. To exercise your rights, please contact us using the methods described in Section 12.

Right to Know: You may request information regarding the categories and specific pieces of personal information we have collected about you in the past 12 months.

Right to Delete: You have the right to request the deletion of your personal information that we have collected, subject to certain exceptions.

Right to Opt-Out: You have the right to opt-out of the sale of your personal information, if applicable.

Right to Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights.

To make a verifiable consumer request regarding your rights under the California Consumer Privacy Act (CCPA), you may contact us through the methods provided in Section 12. We will respond to your request in accordance with the CCPA.

Please note that we may require certain information from you to verify your identity and process your request.

7. How We Secure Your Data

We do our best to keep your Personal Data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymizing and pseudonymizing where suitable. We monitor our systems for possible vulnerabilities and attacks. Stored data is encrypted when possible.

Even though we try our best, we cannot guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you have an account with us, note that you have to keep your username and password secret.

8. Children

We recognize the particular importance of protecting privacy where children are involved. We do not intend to collect, knowingly collect, sell, or solicit Personal Information from anyone under the age of 16. We do not target children with our services. If you are under 16, do not use or provide any information on the Website or through any of its features. If you believe that a child under the age of 16 may have provided us Personal Data online, we ask that a parent or guardian contact us at [contact email].

9. Cookies and Other Technologies We Use

We use cookies and/or similar technologies to analyze customer behavior, administer the website, track users’ movements, and to collect information about users. This is done in order to personalize and enhance your experience with us.

10. Our “Do Not Track” Policy

California and Delaware law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there isn’t an industry or legal standard for recognizing or honoring browser DNT signals, we don’t monitor or respond to them at this time.

11. Arbitration Clause

11.1. Individual Arbitration as Sole Remedy for Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Privacy Policy or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding individual (not class, representative, nor collective) arbitration in San Diego, California before one arbitrator. The language to be used in the arbitral proceedings will be English. The arbitration shall be administered by the Office of Judicial Arbitration and Mediation Service (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. JAMS’s rules governing the arbitration may be obtained from JAMS’s website, which currently is www.jamsadr.com. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

11.2. Negotiation in Advance of Arbitration

The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Privacy Policy promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Privacy Policy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.
Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired. All offers, promises, conduct, and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts, and attorneys are confidential, privileged, and inadmissible for any purpose, including impeachment, in arbitration or another proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Privacy Policy except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 1 above.

11.3. Requirements for Modification or Revocation

This agreement to arbitrate shall survive the termination of Click Prox, LLC’s relationship with you. It can only be revoked or modified by a writing executed by Click Prox, LLC and you that specifically states an intent to revoke or modify this agreement to arbitrate.

11.4. Claims Covered by Arbitration Clause

Click Prox, LLC and you mutually consent to the resolution by final and binding arbitration of all claims or controversies (collectively, the “Claims”) that Click Prox, LLC may have against you or you may have against Click Prox, LLC or against its past, present, or future predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, and their respective past, present, or future officers, directors, employees, stockholders, representatives, managers, members, partners, agents, advisors, insurers, and indemnities (collectively referred to as the “Click Prox, LLC Parties”), relating to, resulting from, or in any way arising out of your relationship with Click Prox, LLC. The Claims include, but are not limited to claims for penalties, fines, claims for breach of any contract (express or implied); tort claims (including, but not limited to, those relating to reputation); claims for violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; and claims for violation of any public policy, federal, state, international, or other governmental law, statute, regulation, or ordinance.

11.5. Required Notice of Claims and Statute of Limitations

Click Prox, LLC may initiate arbitration by serving or mailing a written notice to you at the last known address. you may initiate arbitration by serving or mailing a written notice to Click Prox, LLC. The written notice must specify with reasonable particularity the claims asserted against the other party. Notice of any claim sought to be arbitrated must be served within the limitations period established by applicable federal or state law. After demand for arbitration has been made by serving written notice, the party demanding arbitration shall file a demand for arbitration with the Office of Judicial Arbitration and Mediation Service (“JAMS”) located in Wilmington, Delaware.

11.6. Selection of Arbitrator

Within 30 days after the commencement of arbitration, Click Prox, LLC shall select one person from the JAMS panel to act as arbitrator. The arbitrator shall serve as a neutral, independent, and impartial arbitrator.

11.7. Confidentiality

The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

11.8. Dispositive Motions

In any arbitration arising out of or related to this Agreement:

  • Any party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost-effective. The other side shall have a brief period within which to respond.
  • Based on the letters, the arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion.
  • If the arbitrator decides to go forward with the motion, he/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion.
  • Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.

11.9. Document Requests

In any arbitration arising out of or related to this Agreement, requests for documents:

  • Shall be limited to documents which are directly relevant to significant issues in the case or to the case’s outcome.
  • Shall be restricted in terms of time frame, subject matter, and persons or entities to which the requests pertain.
  • Shall not include broad phraseology such as “all documents directly or indirectly related to.”

11.10. E-Discovery

In any arbitration arising out of or related to this Agreement:

  • There shall be production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes, or other media.
  • Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format which is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.
  • The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute.
  • Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advances the reasonable cost of production to the other side, subject to the allocation of costs in the final award.

11.11. Interrogatories and Requests to Admit

In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.

11.12. Depositions

In any arbitration arising out of or related to this Agreement:

  • Each side may take three (3) discovery depositions.
  • Each side’s depositions are to consume no more than a total of fifteen (15) hours.
  • The total period for the taking of depositions shall not exceed six (6) weeks.

11.13. Governing Law and Arbitrator Authority

Except as otherwise provided herein, this Privacy Policy and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the state of California, exclusive of conflict or choice of law rules.

The Parties acknowledge that this Privacy Policy evidences a transaction involving interstate or international commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitrator shall apply the substantive laws (and the law of remedies, if applicable) of the state of California, federal law, or international law, as applicable to the claim(s) asserted.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including, but not limited to, any claim that all or any part of this Privacy Policy is void or voidable and issues of arbitrability of any matter herein.

The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.

11.14. Arbitration Decision

The arbitrator’s decision shall be final and binding and shall not be subject to appeal. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. Any decision or award made by the arbitrator shall be enforceable by a court of competent jurisdiction. The parties irrevocably stipulate to the confidential nature of the arbitral award and proceedings and further stipulate that the award and any papers of the proceedings shall only be filed with a court of competent jurisdiction under confidential seal and only to enforce an arbitral award or decision.

11.15. Application for Emergency Injunctive and/or Other Equitable Relief.

JAMS Comprehensive Rules shall apply for the appointment of an Emergency Arbitrator to address and decide a request for emergency relief.

11.16. WAIVER OF REPRESENTATIVE/CLASS ACTION PROCEEDINGS

BY REGISTERING TO RECEIVE ANY PRODUCTS OR SERVICES FROM CLICK PROX, LLC OR PROVIDING YOUR INFORMATION TO US IN, YOU KNOWINGLY AND VOLUNTARILY AGREE TO BRING ANY CLAIMS (LAWSUITS) AGAINST CLICK PROX, LLC IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, GROUP, OR REPRESENTATIVE IN ANY PURPORTED REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING (A LAWSUIT WHERE YOU SUE AS A GROUP RATHER THAN BEING THE ONLY PLAINTIFF) RELATED TO ANY CLAIMS GOVERNED BY THIS PRIVACY POLICY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIVE ACTION UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200 ET SEQ.

11.17. WAIVER OF JURY TRIAL/EXCLUSIVE REMEDY

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION REWARD IS LIMITED. BY AGREEING TO ARBITRATION, CLICK PROX, LLC AND YOU ARE AGREEING TO WAIVE ANY CONSTITUTIONAL RIGHT TO A JURY OR COURT TRIAL OF COVERED CLAIMS.

11.18. Arbitration Fees and Costs

Each party shall advance its own costs and expenses in any such arbitration and one-half (1/2) of the arbitrator’s fees and costs, however, the arbitrator shall award attorneys’ fees and costs to Click Prox, LLC if Click Prox, LLC is the prevailing party. Any decision or award of such arbitration proceeding shall be confidential and may be made public only with the prior written consent of both you and Click Prox, LLC.

11.19. Severability (Arbitration Clause)

Click Prox, LLC and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Arbitration Clause.

11.20. Requirements for Modification or Revocation

This agreement to arbitrate shall survive the termination of Click Prox, LLC’s relationship with you. It can only be revoked or modified by a writing executed by Click Prox, LLC and you that specifically states an intent to revoke or modify this agreement to arbitrate.

11.21. Claims Covered by Arbitration Clause

Click Prox, LLC and you mutually consent to the resolution by final and binding arbitration of all claims or controversies (collectively, the “Claims”) that Click Prox, LLC may have against you or you may have against Click Prox, LLC or against its past, present, or future predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, and their respective past, present, or future officers, directors, employees, stockholders, representatives, managers, members, partners, agents, advisors, insurers, and indemnities (collectively referred to as the “Click Prox, LLC Parties”), relating to, resulting from, or in any way arising out of your relationship with Click Prox, LLC. The Claims include, but are not limited to claims for penalties, fines, claims for breach of any contract (express or implied); tort claims (including, but not limited to, those relating to reputation); claims for violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; and claims for violation of any public policy, federal, state, international, or other governmental law, statute, regulation, or ordinance.

11.22. Required Notice of Claims and Statute of Limitations

Click Prox, LLC may initiate arbitration by serving or mailing a written notice to you at the last known address. you may initiate arbitration by serving or mailing a written notice to Click Prox, LLC. The written notice must specify with reasonable particularity the claims asserted against the other party. Notice of any claim sought to be arbitrated must be served within the limitations period established by applicable federal or state law. After demand for arbitration has been made by serving written notice, the party demanding arbitration shall file a demand for arbitration with the Office of Judicial Arbitration and Mediation Service (“JAMS”) located in San Diego, California.

11.23. Selection of Arbitrator

Within 30 days after the commencement of arbitration, Click Prox, LLC shall select one person from the JAMS panel to act as arbitrator. The arbitrator shall serve as a neutral, independent and impartial arbitrator.

11.24. Confidentiality

The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

11.25. Dispositive Motions

In any arbitration arising out of or related to this Agreement:

  • Any party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost effective. The other side shall have a brief period within which to respond.
  • Based on the letters, the arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion.
  • If the arbitrator decides to go forward with the motion, he/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion.
  • Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.

11.26. Document Requests

In any arbitration arising out of or related to this Agreement, requests for documents:

  • Shall be limited to documents which are directly relevant to significant issues in the case or to the case’s outcome;
  • Shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and
  • Shall not include broad phraseology such as “all documents directly or indirectly related to.”

11.27. E-Discovery

In any arbitration arising out of or related to this Agreement:

  • There shall be production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes or other media.
  • Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format which is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.
  • The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute.
  • Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.

11.28. Interrogatories and Requests to Admit

In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.

11.29. Depositions

In any arbitration arising out of or related to this Agreement:

  • Each side may take three (3) discovery depositions.
  • Each side’s depositions are to consume no more than a total of fifteen (15) hours.
  • The total period for the taking of depositions shall not exceed six (6) weeks.

11.30. Governing Law and Arbitrator Authority

Except as otherwise provided herein, this Privacy Policy and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the state of California, exclusive of conflict or choice of law rules.

The Parties acknowledge that this Privacy Policy evidences a transaction involving interstate or international commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitrator shall apply the substantive laws (and the law of remedies, if applicable) of the state of California, federal law, or international law, as applicable to the claim(s) asserted.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including, but not limited to, any claim that all or any part of this Privacy Policy is void or voidable and issues of arbitrability of any matter herein.

11.31. Arbitration Decision

The arbitrator’s decision shall be final and binding and shall not be subject to appeal. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. Any decision or award made by the arbitrator shall be enforceable by a court of competent jurisdiction. The parties irrevocably stipulate to the confidential nature of the arbitral award and proceedings and further stipulate that the award and any papers of the proceedings shall only be filed with a court of competent jurisdiction under confidential seal and only to enforce an arbitral award or decision.

11.32. Application for Emergency Injunctive and/or Other Equitable Relief

JAMS Comprehensive Rules shall apply for the appointment of an Emergency Arbitrator to address and decide a request for emergency relief.

11.33. WAIVER OF REPRESENTATIVE/CLASS ACTION PROCEEDINGS

BY REGISTERING TO RECEIVE ANY PRODUCTS OR SERVICES FROM US OR PROVIDING YOUR INFORMATION TO US IN, YOU KNOWINGLY AND VOLUNTARILY AGREE TO BRING ANY CLAIMS (LAWSUITS) AGAINST CLICK PROX, LLC IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, GROUP, OR REPRESENTATIVE IN ANY PURPORTED REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING (A LAWSUIT WHERE YOU SUE AS A GROUP RATHER THAN BEING THE ONLY PLAINTIFF) RELATED TO ANY CLAIMS GOVERNED BY THIS PRIVACY POLICY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIVE ACTION UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200 ET SEQ.

11.34. WAIVER OF JURY TRIAL/EXCLUSIVE REMEDY

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION REWARD IS LIMITED. BY AGREEING TO ARBITRATION, CLICK PROX, LLC AND YOU ARE AGREEING TO WAIVE ANY CONSTITUTIONAL RIGHT TO A JURY OR COURT TRIAL OF COVERED CLAIMS.

11.35. Arbitration Fees and Costs

Each party shall advance its own costs and expenses in any such arbitration and one-half (1/2) of the arbitrator’s fees and costs, however, the arbitrator shall award attorneys’ fees and costs to Click Prox, LLC if Click Prox, LLC is the prevailing party. Any decision or award of such arbitration proceeding shall be confidential and may be made public only with the prior written consent of both you and Click Prox, LLC.

11.36. Severability (Arbitration Clause)

Click Prox, LLC and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Arbitration Clause.

12. How to Contact Us

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at: legal@clickprox.com

You may also write to us at:

Click Prox, LLC
2810 N Church St
PMB 42977
Wilmington, Delaware 19802-4447 US

13. Severability (Privacy Policy)

Click Prox, LLC and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Privacy Policy is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Privacy Policy.

14. Changes to this Privacy Policy

This Privacy Policy may be updated periodically and without prior notice to you. We will post a prominent notice on our Website to notify you of any significant changes to our Privacy Policy and indicate at the top of the Privacy Policy when it was most recently updated.

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