Introduction

Arbrate, LLC (the “Company”) respects the privacy of its guests and registered users (“Users” or “You” or “Your”) and is committed to protecting their privacy through the Company’s compliance with this privacy policy (the “Privacy Policy”). This Privacy Policy was established in conjunction with the Company’s Terms of Use (the “Terms”) and describes the types of information that the Company may collect from or about You or that You may provide when You visit and use the websites of the Company, including but not limited to, www.arbrate.com (the “Website”) and the Company’s practices for collecting, using, maintaining, protecting and disclosing that information. As more fully described in the Terms, the Website is intended to promote and deliver the services and products of the Company (“Services”) to guests and registered Users of the Company.

This Privacy Policy applies to information that the Company collects on the Website, in e-mail, text and other electronic messages between You on the Website, through mobile and desktop applications that You download from this Website (that provide dedicated non-browser-based interaction between You and this Website), and when You interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to the Website.

It does not apply to information collected by the Company offline or through any other means, such as by any subsidiaries or affiliates, contractors, service providers, credit agencies or other third parties on any other website operated by the third party, including through any application or content that may link to or be accessible from or on the Website.

Please read this Privacy Policy carefully to understand our policies and practices regarding Your information and how the Company will protect it.

By accessing or using the Website (other than to review this Privacy Policy and the Terms), You accept and agree to be bound by and abide by this Privacy Policy.

If You do not agree to accept and abide by this Privacy Policy or the Terms, You must exit after reviewing this Privacy Policy and the Terms and may not thereafter access or use the Website.

This Privacy Policy may change from time to time (see Changes to our Privacy Policy). Your continued access to or use of this Website (except to review possible changes) after the Company makes changes thereto is deemed to be acceptance of those changes, so Users are required to check the Privacy Policy periodically for changes.

Information That the Company Collects About You and How It Collects It

The Company collects several types of information from and about guests who visit the Website, including (a) information by which You may be personally identified in, such as name, postal address, e-mail address, telephone number or any other information the Website collects that is defined as “personal” or “personally identifiable information” under applicable law or any other identifier by which You may be contacted online or offline (“Personal Information”), (b) information that is about You but does not identify You, such as Your location, and (c) information about Your internet connection, the equipment You use to access our Website and usage details.

The Company collects additional information from registered Users of the Website, including personal and confidential information to be used by the Company in performing the Services (“Confidential Information”). Confidential Information includes financial and credit information, educational information and criminal histories, business experience and qualifications and personal references. Confidential Information may also include information collected by the Company about You from third parties to verify and supplement Confidential Information that You have supplied.

The Company collects this Personal Information and Confidential Information directly from You when You provide it to us and automatically as You navigate through the Website, and from third parties, for example, our business partners. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.

The Personal Information and Confidential Information we collect on or through our Website may include information that You provide by filling in forms on our Website, which includes information provided at the time of registering to use our Website or requesting further services, records and copies of Your correspondence (including e-mail addresses), if You contact us, and Your search queries on the Website.

User Contributions.

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in the Terms.

Any User Contribution You post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant the Company and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

Information the Company Collects through Automatic Data Collection Technologies.

As You navigate through and interact with the Company’s Website, the Company may use automatic data collection technologies to collect certain information about Your equipment, browsing actions and patterns, including details of Your visits to our Website (e.g. traffic data, location data, logs and other communication data, and the resources that You access and use on the Website), and information about Your computer and internet connection, including Your IP address, operating system and browser type.

The Company may also use these technologies to collect information about Your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information the Company collects in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns, store information about Your preferences, allowing us to customize our Website according to Your individual interests, speed up Your searches, and recognize You when You return to our Website.

The technologies the Company use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of Your computer. You may refuse to accept browser cookies by activating the appropriate setting on Your browser. However, if You select this setting You may be unable to access certain parts of our Website. Unless You have adjusted Your browser setting so that it will refuse cookies, our system will issue cookies when You direct Your browser to our Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about Your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing Your privacy and security settings for Flash cookies, see Choices about How the Company Uses and Discloses Your Information.
• Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Website are controlled by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about You when You use our Website. The information that they collect may be associated with Your Personal Information or they may collect information, including Personal Information, about Your online activities over time and across different websites and other online services. They may use this information to provide You with interest-based (behavioral) advertising or other targeted content.

The Company does not control these third parties’ tracking technologies or determine how they may be used. If You have any questions about an advertisement or other targeted content, You should contact the responsible provider directly. For information about how You can opt out of receiving targeted advertising from many providers, see Choices about How the Company Uses and Discloses Your Information.

How the Company Uses Your Information

The Company uses information that that it collects about You or that You provide to the Company, including any Personal Information to present the Website and its contents to You, to provide You with information, products or services, including, the Services, that You request from the Company, to provide You with notices about Your account (including expiration and renewal notices), to carry out our obligations and enforce our rights arising from any contracts entered into between You and us (including for billing and collection), to notify You about changes to our Website or any products or services the Company offers or provides though it, to allow You to participate in interactive features on our Website, in any way the Company may describe when You provide the information, to fulfill any purpose for which You provide it, and for any other purpose consistent therewith.

The Company uses Personal Information and Confidential Information to provide Services to Registered Users who request Services.

The Company may also use Your information to contact You about our Services and our third-parties’ goods and services that may be of interest to You. If You do not want us to use Your information in this way, please adjust Your user preferences in Your account profile. For more information, see Choices about How the Company Uses and Discloses Your Information.

The Company may use the information it has collected from You to enable the Company to display advertisements to our advertisers’ target audiences. Even though the Company does not disclose Your Personal Information for these purposes without Your consent, if You click on or otherwise interact with an advertisement, the advertiser may assume that You meet its target criteria.

Disclosure of Your Information

The Company may disclose aggregated information about our Users, and information that does not identify any individual, without restriction.

The Company may disclose Personal Information that it collects or You provide as described in this Privacy Policy to our subsidiaries and affiliates, to contractors, service providers and other third parties that the Company uses to support our business, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets (whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about our Website Users is among the assets transferred), to third parties to market their products or services to You if You have not opted out of these disclosures, to fulfill the purpose for which You provide it, for any other purpose disclosed by us when You provide the information, or with Your consent.

The Company may, in the course of providing Services, disclose Your Personal Information and Confidential Information to third parties, including, but not limited to franchisors, master franchisees, franchisees, business owners, brokers and accountants and lawyers. In so doing, the Company shall take commercially reasonable steps to secure the agreement of recipients to limit disclosure and use of such information.

The Company may also disclose Your Personal Information or Confidential Information to comply with any court order, law or legal process, including to respond to any government or regulatory request, to enforce or apply the Terms and other agreements, including for billing and collection purposes, and if the Company believes disclosure is necessary or appropriate to protect our rights, property, or safety of its Users or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. For more information, see Choices about How the Company Uses and Discloses Your Information.

Choices about How the Company Uses and Discloses Your Information

The Company strives to provide You with choices regarding the Personal Information You provide to us. The Company has created mechanisms to provide You with the following control over Your information:

• Tracking Technologies and Advertising. You can set Your browser to refuse all or some browser cookies, or to alert You when cookies are being sent. To learn how You can manage Your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If You disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If You do not want us to share Your Personal Information with unaffiliated or non-agent third parties for promotional purposes, You can opt-out by logging into the Website and adjusting Your user preferences in Your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating Your request to info@arbrate.com.
• Promotional Offers from the Company. If You do not wish to have Your e-mail address/contact information used by the Company to promote our own or third parties’ products or services, You can opt-out by logging into the Website and adjusting Your user preferences in Your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating Your request to info@arbrate.com. If the Company has sent You a promotional e-mail, You may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a registration or other service transactions.
• Targeted Advertising. If You do not want us to use information that the Company collects or that You provide to us to deliver advertisements according to our advertisers’ target-audience preferences, You can opt-out by adjusting Your user advertising preferences in Your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating Your request info@arbrate.com. For this opt-out to function, You must have Your browser set to accept browser cookies.
• The Company does not control third parties’ collection or use of Your information to serve interest-based advertising. However these third parties may provide You with ways to choose not to have Your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

The Personal and Confidential Information of registered Users will be disclosed by the Company to third parties, including, but not limited to franchisors, master franchisees, franchisees, business owners, brokers and accountants and lawyers, when authorized to do so in connection with the Services. After authorizing the Company to do so, the registered Users may request that the Company discontinue the Services by sending a written request to the Company at info@arbrate.com. When the Company receives such a request it shall take commercially reasonable steps to stop further disclosure of Personal Information and Confidential Information but will not be responsible for retrieving such information in the hands of third parties or preventing further communications with You by third parties.

Accessing and Correcting Your Information

You can review and change Your Personal Information by logging into the Website and visiting Your account profile page. Registered Users can review and change Confidential Information on the Website using the tools provided by the Company therefor.

You may also send the Company an e-mail at info@arbrate.com to request access to, correct or delete any Personal Information or Confidential Information that You have provided to the Company. The Company may be required to delete Your User account in order to delete Your Personal Information or Confidential Information. The Company will not accommodate a request to change any information if the Company believes the change would violate any law or legal requirement or cause the information to be false or misleading.

If You delete Your User Contributions from the Website, copies of Your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website Users.

Removal of Outdated Information

If You do not access or use the Website for six (6) or more consecutive months, the Company reserves the right to close your User account and delete or overwrite Your Personal Information and Confidential Information. You will not thereafter be able to access Your User account or Personal Information or Confidential Information.

Data Security

We have implemented measures designed to secure Your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Any payment transactions will be encrypted using SSL technology.

The safety and security of Your information also depends on You. Where the Company has issued You (or where You have chosen) a password for access to certain parts of our Website, You are responsible for keeping this password confidential. The Company asks that You not to share Your password with anyone. The Company urges You to be careful about posting information in public areas of the Website like message boards. The information You share in public areas may be viewed by any guest or User of the Website.

Unfortunately, the transmission of information via the Internet is not completely secure. Although the Company does its best to protect Your Personal Information and Confidential Information, it cannot and does not represent or warrant that the security of Your Personal Information or Confidential Information transmitted to the Company’s Website will never be compromised. Any transmission of Personal Information or Confidential Information is at Your own risk. The Company is not responsible for circumvention of any privacy settings or security measures contained on the Website by others.

Changes to Our Privacy Policy

It is the policy of the Company to post any changes we make to our Privacy Policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for You, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact the Company at:610-590-2176 or email the Company at info@arbrate.com.