Terms of Service and Privacy Policy

Terms of Service

Last Updated: June 2020

AGREEMENT

These terms and conditions (“Terms”) outline the rules and regulations for the use of Real Wealth Radio LLC’s “Real Wealth Marketing website and other websites, mobile sites, and other online services which link to these Terms and are operated by Real Wealth Radio, LLC (the “Sites”). By accessing the Sites you are accepting these Terms in full. Do not continue to use the Sites if you do not accept the Terms in full.

1. Definitions:

The following terminology applies to these Terms and any or all Agreements:
a. You, the User, the Customer, the Client: refers to you, the person accessing the Sites and accepting the Company’s Terms.
b. The Company, Ourselves, We, Our and Us: refers to Real Wealth Radio, LLC, as the creator, operator and publisher of the Sites.
c. Party, Parties: refers collectively to both the Customer and Ourselves and individually to either the Customer or Ourselves as the context indicates.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Privacy

Except as provided in the Privacy Policy found on the Sites, which may be amended from time to time, the Company does not knowingly collect or gather any personally identifiable information from You. The Privacy Policy, which can be found on the Sites is expressly incorporated as part of these Terms.

3. Use

The Sites are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to create an account for the Sites. Further, the Sites are not directed to individuals under the age of 13 and we request that the not provide any information to the Sites.

A. Acceptable Use

You shall not use the Sites for any unlawful purpose, or any purpose prohibited under the Terms. You shall not use the Sites in any way that could damage the Sites or general business of the Company. You shall not use the Sites to:
a. harass, abuse or threaten others or otherwise violate any person’s legal rights;
b. violate any intellectual property rights of the Company or any third-party;
c. upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d. perpetrate any fraud;
e. engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f. publish or distribute any obscene or defamatory material;
g. publish or distribute any material that incites violence, hate, or discrimination towards any group; and
h. unlawfully gather information about others.

You shall not disassemble or reverse engineer any code or software from or on the Sites. You shall not violate the security of the Sites through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user, or network.

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

B. Services

Your use of certain features offered by the Sites may require the use of certain third-party companies and/or software, which may contain additional requirements and additional terms of service. You also acknowledge and understand that the use of Real Wealth Radio, LLC’s Real Wealth ® Marketing System and other online services are subject to a separate agreement between you and Company.

a. User Registration
You may be required to and/or voluntarily register and/or create an account with the Sites to receive the full benefit from use of the Sites, such as subscription services and product delivery. You agree to keep your password and account information confidential and are responsible for all use of your account. You may not impersonate another person and are required to associate Your real identity with Your account.

You are responsible for maintaining your account with current and accurate information. If you believe your account has been compromised, you shall notify Us immediately and you will be liable for any losses you suffer should you fail to notify us timely. The Company reserves the right to suspend Your account if any security violations are believed to have occurred in conjunction with Your account.

b. Third-Party Services

We may provide links and pointers to Internet sites maintained by others that are not affiliated with us and may be located in different countries and that may be subject to different regulatory and other legal requirements. These sites are only for your convenience and therefore you access them at your own risk.

4. Intellectual Property

Unless otherwise stated, Company and/or it’s licensors own the intellectual property rights for all material on the Sites. The Sites and all materials provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”), which also includes all source code, databases, functionality, software, websites designs, audio, video, text, photographs and graphics on the Sites. You agree that you will not use the Company IP for any unlawful or infringing purpose. You may view and/or print pages from the Sites for your own personal use subject to restrictions set in these terms and conditions. You may not:

a. republish Company IP from the Sites;
b. sell, rent or sub-license Company IP from the Sites;
c. reproduce, duplicate or copy Company IP from the Sites; or
d. redistribute content from Company

without express written permission from the Company. Any rights not expressly granted herein are reserved by the Company.

5. Indemnification and Hold Harmless
You agree to defend, indemnify and hold harmless the Company and any of its affiliates (if applicable), including their respective foreign entities, directors, officers, members, employees and agents, against any and all legal claims, demands, losses, damages, judgments, expenses and costs, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Sites, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
6. Liability
Your use of the Sites is at your own risk. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Sites and the use of our Sites (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

To the extent that the website and the information on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
The Company does not accept responsibility for the security of the Sites. The Company may occasionally post links to third-party websites or other services. You agree that the Company is not responsible for liable for any loss or damage caused as a result of Your use of any third-party services linked to from the Sites. You agree that Your use of the Sites is at Your own risk.
The Company may need to interrupt Your access to the Sites to perform maintenance or service on a scheduled or unscheduled basis. Your access to the Sites may be affected by unanticipated or unscheduled downtime, for any reason. The Company has no liability for any damage or loss caused as a result of such downtime.

If the Company’s disclaimer of warranties or limitation of liability set forth herein is held unenforceable or inapplicable, you agree that the Company’s liability shall not exceed the amount you paid for the Company’s service, or the amount you paid for up to 6 months of subscription service, or the amount of One hundred dollars ($100.00) or the minimum amount permitted by applicable law, whichever is greater.

7. Termination

Notwithstanding any of these Terms, the Company reserves the right, without notice and in its sole discretion, to terminate Your license to use the Sites, and to block or prevent your access to and use of the Sites.

8. Modifications and Variations

We reserve the right to discontinue, change or modify any of the terms and conditions contains in the Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites indicates your acceptance of the modifications.

9. Jurisdiction, Venue and Choice of Law

Through Your use of the Sites, You agree that the laws of the State of Wisconsin shall govern any matter or dispute relating to or arising out of the Terms, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under the Terms is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Milwaukee County, Wisconsin. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

10. Interruption Event

You acknowledge that, from time to time, the Company’s ability to provide services and fulfill purchases may be interrupted, delayed and/or suspended, from time-to-time due to causes beyond the Company’s control. These events are referred to as Interruption Events.

You agree that the Company will be relieved of its obligations in terms of these Terms of Use during the period of the interruption event to the extent the Company is reasonably prevented from fulfilling its obligations.

11. Severability

If any part or sub-art of the Terms is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of the Terms shall continue in full force.

12. No Waiver

In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

13. Contact

Real Wealth Radio, LLC is a business registered in the State of Wisconsin. For any questions or concerns, please email the Company at: info@realwealthmarketing.com or send physical mail to 114 Main Street, PO Box 445, Kewauskum, Wisconsin 53040.

Electronic communications are permitted to both Parties under the Terms.

Privacy Policy

Last Updated: June 2020

Real Wealth Radio, LLC (“The Company”, “Ourselves”, “We”, “Our” and “Us”), respect Our Customers’ and Visitors’ privacy. This Privacy Policy describes the types of Personal Data We through the Services We provide and through Our online presence through the Sites. This Privacy Policy describes how we use Personal Data and your rights and choices pertaining to said Personal Data. By using Our Sites, you consent to this Privacy Policy. This Privacy Policy is part of the Terms of Service listed on the Sites and governs the use of the Sites.

APPLICATION OF CALIFORNIA CONSUMER PRIVACY ACT; The CCPA applies to a business that (a) has gross revenues in excess of $25 million; (b) annually buys, sells, or shares PI of 50,000 or more consumers, households, or devices; or (c) derives fifty percent (50%) of its annual revenue from sharing PI. Here, while RWR remains under $25 million in gross revenue, category (b) could apply if the RWR system or website receives at least 137 hits per day from California residents. If the CCPA applies, additional obligations to RWR will apply.

1. Definitions:

The following terminology applies to this Privacy Policy:

a. You, the User, the Customer, the Client, the Visitor: refers to you, the person accessing this website or the person using one or more of Our Services provided through the Sites.

b. The Company, Ourselves, We, Our and Us: refers to Real Wealth Radio, LLC, as the creator, operator and publisher of the Sites.

c. Party, Parties: refers to both the Customer and ourselves, or either the Customer or ourselves.

d. Payment Information: refers to Personal Data collected as part of payment for Services, which specifically includes, but is not limited to, credit card number and credentials, billing address, and billing email.

e. Personal Data: refers to any information that relates to an identified or identifiable living individual.

f. Sites: refers to Our website and other websites, mobile sites, and other online services which link to these websites and are operated by Us.

g. Services: refers to the product sold by Us through Our Sites and the ability to order the product through the Sites, but does not include Third-party Services.

h. Third-party Services: refers to any services provided through the Sites that are operated by any provider other than the Company.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Personal Data We Collect

We may obtain Personal Data about You to provide our Services, to manage our Sites, and to make our Sites and Services better. The Personal Data you provide directly to us through creating an account or placing an order will be apparent from the context in which you provide it. When you create an account, the Company collects your name, email address, shipping address, and account log-in credentials. When you make a purchase, the Company collects your name, email address, and shipping address. Any Personal Data you provide to the Company may be collected and retained by the Company. The Company also retains information about purchases and purchase history you have made if you use an account to do so.

We may also collect information about your online activities and log information on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. This information may include, but is not limited to browser type, IP address, unique device identifiers, language preference, referring site, time and date of access, operating system, and mobile network information. We may use Google Analytics or other third-party analytics to help us analyze Your use of our Sites. To understand Our use of cookies and how You can control our use of cookies, please see the cookies section below.

We do not collect any Payment Information Personal Data that is entered through the use of Third-party Services. Any Personal Information or Payment Information collected by the Third-party Services is collect by those services and the Company is not responsible or liable for the actions of the Third-party Services. Through using the Services provided on our Sites, you authorize the Third-party Services to collect Personal Data as disclosed by their privacy policies.

To the extent that We are acting as a “Service Provider” as defined in the California Consumer Privacy Act (“CCPA”) and maintaining Personal Information (as defined in the CCPA) for You, the Data Processing Addendum below will apply. To the extent that a third party is acting as a Service Provider under the CCPA and maintaining Personal Information for You, the third-parties’ data processing addendum will apply.

3. How We Use Personal Data

We use Personal Data collected to provide payment-related services to You and to facilitate our legitimate business interests. We may send you email marketing communications from time to time about the Company’s services based on the Personal Data we have collected.

4. How We Disclose Personal Data

We do not sell, disclose or provide Your Personal Data to marketers or unaffiliates third parties. We share your Personal Data with Third-party Services that are used for the provision and completion of Services offered through the Sites, such as identity verification services, website hosting, data analysis, payment processing, and tax calculation and services. The use of Personal Data by a Third-party Service is governed by that third-party’s privacy policy.

To the extent we receive Personal Data from You related to Your clients or customers, we will treat such Personal Data as confidential and only share this Personal Data with Third-Party Services that also are contractually bound to treat this Personal Data as confidential.

We may share Personal Data as we believe necessary to comply with applicable law; comply with payment method rules; protect the privacy, rights and safety of the Company, you or others; and respond to legal requests from courts, law enforcement agencies, regulatory agencies, and other government authorities.

5. Cookies

Cookies are text files stored on your computer when you visit certain web pages. The Company uses cookies to keep track of your access to the Sites, to remember your preferences, and to help improve the operation of the Sites. The Company only uses cookies through third party services such as Google Analytics other third-party analytics services to track website metrics and help improve the operation of our Sites. The information collected through these cookies includes how users interact with the Sties, the general geographic location of users, average time on the Sites, traffic, etc. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Sites.

6. Your Rights and Choices

You have choices regarding the collection, disclosure and use of your Personal Data. If you would like to review or correct your Personal Data please contact us. If you have an account, you can review and correct your personal data by logging into your account.

If you no longer wish to receive marketing-related emails from Us, please contact us. We will attempt to remove you from receiving marketing-email as soon as reasonably practical. Please note, you may continue to receive administrative emails that are required for the Services you receive.

Depending on applicable law in your location, you may have additional rights regarding the Personal Data we collect about you, including, but not limited to, the right to request a copy of your Personal Data collected; the right to request that the Personal Data be corrected or updated; the right to request removal of Personal Data; and the right to restrict the use of Personal Data. If You believe any of these rights apply to You and You would like to exercise Your rights, please contact Us. We may need to verify Your identity before responding to any request. If the Personal Data was collected by a Third-party Service, you will have to contact that service to exercise the above rights regarding the Personal Data collected.

7. Security And Retention

The Company makes reasonable efforts to ensure a level of security appropriate to the risk associated with the Personal Data the Company maintains and collects. We retain your Personal Data for Company marketing purposes until you request removal of Personal Data for Company marketing purposes. We retain your Personal Data so long as we are providing you Services. We retain your Personal Data even after Services are completed for legal, regulatory, tax, and accounting services. Where we retain Personal Data, our retention is in compliance with any limitation periods on such retention imposed by applicable law.

8. Use By Unintended Persons

The Services and therefore the Sites are not directed to individuals who are under the age of 18 or whose delivery address is outside of the Service Area indicated on the Sites. We therefore request that those who are under the age of 18 or are not within the Service Area do not provide Personal Data to our Sites.

9. Links To Other Websites

The Sites and use of our Services may provide the ability to connect to other websites or other Third-party Services. These websites and Third-party Services may operate independently from the Company and have their own privacy policies or notices. We are not responsible for any other websites or Third-party Services and recommend that You review those policies and terms of use.

10. Jurisdiction-Specific Provisions

While the Services of the Sites are not directed at users and individuals outside of the Service Area the Company understands that some jurisdictions provide differing degrees of rights regulating the collection, retention, and use of Personal Data. To submit a request to exercise any of the rights prescribed by those jurisdictions, please contact Us. We may need to verify Your identity before responding to any request.

11. Contact Us.

Real Wealth Radio, LLC is a business registered in the State of Wisconsin. For any questions or concerns, please email Us at: info@realwealthmarketing.com or send physical mail to 114 Main Street, PO Box 445, Kewauskum, Wisconsin 53040.

Electronic communications are permitted to both Parties under the Terms.

CCPA Data Processing Addendum

Last updated: June 2020

This CCPA Data Processing Addendum (the “Addendum”) reflects the requirements of the California Consumer Privacy Act of 2018 and its implementing regulations, as amended or superseded from time to time (California Civil Code §§ 1798.100 to 1798.199) (the “CCPA”).

This Addendum supplements the Terms Of Service between Real Wealth Radio, LLC (“Company”) and the “Customer” referenced therein (each a “Party”; collectively the “Parties”). This Addendum and the proposal with which the Terms and Conditions are included are collectively referred to as the “Agreement.” This Addendum remains in effect for so long as Company maintains Personal Information (as defined in and to the extent protected by the CCPA) provided by Customer or which is collected on behalf of Customer by Company (hereinafter, the “Personal Information”). This Addendum shall only apply and bind the Parties (i) if and to the extent Customer is a Business under the CCPA; (ii) to the extent that Company is maintaining Personal Information on behalf of Customer; and (iii) Company is acting as a “Service Provider” as defined in the CCPA and maintaining Personal Information for Customer. This Addendum prevails over any conflicting terms of the Agreement, but does not otherwise modify the Agreement. All capitalized terms not defined in this Addendum shall have the meanings set forth in the CCPA. Customer enters into this Addendum on behalf of itself and, to the extent required under the CCPA, in the name and on behalf of its Authorized Affiliates (defined below).

The parties agree as follows:

1. Definitions.

1.1. “Affiliate” means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with an entity.

1.2. “Authorized Affiliate” means any of Customer’s Affiliate(s) permitted to or otherwise receiving the benefit of the Services pursuant to the Agreement.

2. Scope And Applicability Of This Addendum.

2.1. This Addendum applies to the collection, retention, use, and disclosure of the Personal Information to provide Services to Customer pursuant to the Agreement or to perform a Business Purpose.

2.2. Customer is a Business and appoints Company as a Service Provider to process the Personal Information on behalf of Customer. Customer is responsible for compliance with the requirements of the CCPA applicable to Businesses.

3. Restrictions On Processing.

3.1. Company is prohibited from retaining, using, or disclosing the Personal Information for any purpose other than for the specific purpose of performing the Services specified in the Agreement for Customer, as set out in this Addendum, or as otherwise permitted by the CCPA.

3.2. Company shall not further collect, sell, or use the Personal Information except as necessary to perform the Business Purpose. For the avoidance of doubt, Company shall not use the Personal Information for the purpose of providing services to another person or entity, except that Company may combine Personal Information received from one or more entities to which it provides similar services to the extent necessary to detect data security incidents, or protect against fraudulent or illegal activity.

4. Notice.

4.1. Customer represents and warrants that it has provided notice that the Personal Information is being used or shared consistent with Cal. Civ. Code 1798.140(t)(2)(C)(i).

5. Consumer Rights.

5.1. Company shall provide reasonable assistance to Customer in facilitating compliance with Consumer rights requests.

5.2. Upon direction by Customer and within a commercially reasonable amount of time, Company shall delete the Personal Information.

5.2.1. Company shall not be required to delete any of the Personal Information to comply with a Consumer’s request directed by Customer if it is necessary to maintain such information in accordance with Cal. Civ. Code 1798.105(d), in which case Company shall promptly inform Customer of the exceptions relied upon under 1798.105(d) and Company shall not use the Personal Information retained for any other purpose than provided for by that exception.

6. Deidentified Information.

6.1. In the event that either Party shares Deidentified Information with the other Party, the receiving Party warrants that it: (i) has implemented technical safeguards that prohibit reidentification of the Consumer to whom the information may pertain; (ii) has implemented business processes that specifically prohibit reidentification of the information; (iii) has implemented business processes to prevent inadvertent release of Deidentified Information; (iv) will make no attempt to reidentify the information.

7. Mergers, Sale, Or Other Asset Transfer.

7.1. In the event that either Party transfers to a Third Party the Personal Information of a Consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the Third Party assumes control of all or part of such Party to the Agreement, that information shall be used or shared consistently with applicable law. If a Third Party materially alters how it uses or shares the Personal Information of a Consumer in a manner that is materially inconsistent with the promises made at the time of collection, it shall provide prior notice of the new or changed practice to the Consumer in accordance with applicable law.

8. As Required By law.

8.1. Notwithstanding any provision to the contrary of the Agreement or this Addendum, Company may cooperate with law enforcement agencies concerning conduct or activity that it reasonably and in good faith believes may violate international, federal, state, or local law.

9. No Sale Of Personal Information.

9.1. The Parties acknowledge and agree that the exchange of Personal Information between the Parties does not form part of any monetary or other valuable consideration exchanged between the Parties with respect to the Agreement or this Addendum.