1. Overview of the Agreement 

This Terms of Service Agreement (“Agreement”) sets forth the terms and conditions under which MarketinGear, a full-service digital marketing and business solutions provider, will provide its services to you, the Client (“you”, “your”, or “Client”). By accessing and using MarketinGear’s services, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, you may not use MarketinGear’s services.

This Agreement, along with any executed Service Agreement, Service Order, or Online Order Form, forms the entire agreement between the Parties (the Client and MarketinGear) and supersedes any prior agreements, discussions, or negotiations. These Terms of Service may be reviewed at any time on the MarketinGear website and are subject to updates, with or without notice. It is the responsibility of the Client to stay informed about the latest version of these Terms of Service. MarketinGear will make reasonable efforts to notify Clients of significant changes, but the ultimate responsibility to review and adhere to the updated terms lies with the Client.

• Services Provided by MarketinGear:

MarketinGear offers a wide range of digital marketing, development, and design services, including but not limited to:

• Digital Marketing: Comprehensive digital marketing campaigns, including strategy development, analytics, and performance tracking. This service encompasses PPC advertising, organic traffic generation, and market research to optimize campaigns for maximum ROI.
• Website Design & Development: Custom website design and development solutions, tailored to enhance user experience and drive conversions. This includes e-commerce integration, custom plugins, and website performance optimization, as well as responsive design to ensure compatibility across all devices.
• Search Engine Optimization (SEO): On-page and off-page SEO services to improve search engine rankings. This includes keyword research, backlink building, content optimization, and technical SEO to ensure the website is optimized for both search engines and users. SEO services also involve continuous monitoring and adjustments based on changing algorithms and market trends.
• Mobile App Design & Development: End-to-end mobile app design and development services for both Android and iOS platforms. This service includes UI/UX design, testing, post-launch maintenance, and updates to ensure optimal performance and user satisfaction.
• Branding & Graphic Design: Creation of brand identities through logos, visual style guides, and graphic design elements. MarketinGear provides a comprehensive suite of graphic design services for marketing collateral, advertisements, social media, and branding assets that are tailored to create a consistent visual identity across multiple channels.
• E-commerce Management: Assistance with setting up, managing, and optimizing online stores, including inventory management, customer experience enhancement, and integration of payment gateways. E-commerce management also includes strategy development to enhance conversions, analytics tracking, and customer support solutions.
• Social Media Management & Marketing: Management of social media profiles, creation of content calendars, engagement with followers, and targeted social media ad campaigns across platforms like Facebook, Instagram, LinkedIn, and Twitter. This service also includes analytics and insights reporting to help clients understand engagement metrics and social ROI.
• Online Advertising (Google, Facebook, Instagram, etc.): Strategic online advertising campaigns using platforms such as Google Ads, Facebook Ads, and Instagram Ads. This includes audience targeting, ad creation, optimization, A/B testing, and performance tracking, designed to achieve specific marketing goals such as lead generation or brand awareness.
• Content Marketing (including blogs, video, and graphic content): Development of engaging content including blog posts, videos, infographics, and other types of digital content. This service includes editorial calendars, content strategy, SEO-focused content creation, and distribution across relevant channels to reach target audiences effectively.
• Email Marketing: Creation and management of email campaigns designed to nurture leads, retain customers, and increase brand loyalty. This includes newsletter design, automation, segmentation, and performance analytics to maximize engagement and conversion rates.
• Business Printing Services: High-quality business printing services, including marketing collateral such as brochures, flyers, banners, and other promotional materials. Printing services are designed to align with overall branding and marketing strategies to create a consistent, professional image.
• Custom Business Forms Creation: Development of custom business forms for internal and external use, including order forms, contact forms, and feedback surveys. These forms are designed to streamline business processes and enhance customer interaction.
• Business Listing Creation & Management: Management of business listings across directories like Google My Business, Yelp, and other relevant platforms to ensure accuracy and improve local SEO. This service also includes monitoring and responding to customer reviews to maintain a positive business image.
• Online Reputation Management: Monitoring and responding to online reviews and feedback to build a positive brand reputation and maintain customer trust. This includes proactive strategies for addressing negative feedback, encouraging positive reviews, and managing the online perception of the Client’s brand.
• Additional Services: MarketinGear also offers additional services related but not limited to ebooks, outreach, video production, TV streaming ads, and influencer marketing upon request. These additional services are fully customizable based on the specific needs and goals of the Client and are designed to help clients achieve targeted marketing outcomes.

Any services provided by MarketinGear are tailored to meet the specific needs of the Client as outlined in the individual Service Agreement. MarketinGear does not offer a client-facing platform for managing digital marketing services and does not operate a proprietary CRM for Client use. However, MarketinGear will work with any CRM tools already in place by the Client to ensure effective communication and project tracking. Regular updates and progress reports will be provided to maintain transparency and allow for timely adjustments to strategies.

• Acceptance of Agreement:

By signing a Service Agreement or checking an “Accept” box on an online order form, you acknowledge and agree that:

• You are at least 18 years old, of legal age to enter into a binding contract.
• If you are entering into this Agreement on behalf of a business entity, you have the authority to bind that entity to this Agreement.
• You accept and agree to comply with the terms of this Agreement, as well as any applicable Service Agreements or Service Orders.
• You acknowledge that any updates or modifications to this Agreement are binding upon notification or continued use of MarketinGear’s services after modification.
• You are responsible for regularly reviewing this Agreement to stay informed of any changes. Continued use of MarketinGear’s services after modifications indicates acceptance of the updated terms. If you have any questions regarding updates, it is your responsibility to contact MarketinGear for clarification.

 

1. Client Responsibilities 

The Client agrees to:

• Provide accurate, current, and complete information necessary for MarketinGear to deliver services effectively. This includes timely updates to any changes in contact details, payment information, or project requirements to prevent any disruptions in service delivery.
• Promptly respond to MarketinGear’s requests for content, approvals, or other information required for project execution. Delays in response can affect project timelines and overall results, for which MarketinGear is not liable. The Client must also designate a primary point of contact for decision-making purposes.
• Ensure that any materials, content, or data provided to MarketinGear do not infringe on third-party intellectual property rights, including but not limited to copyrights, trademarks, or patents. The Client assumes full responsibility for the legality and accuracy of provided content and will indemnify MarketinGear against any third-party claims arising from content provided.
• Approve or reject any creative work, content, or design materials within a reasonable time frame. Failure to respond in a timely manner may lead to delays, for which MarketinGear is not responsible. The Client must provide feedback and approval within the timeframe specified in the Service Agreement to ensure project progress.
• Adhere to all applicable laws and regulations governing online content, advertising, privacy, and other relevant legal matters. This includes compliance with data protection laws, advertising standards, and consumer rights. The Client is responsible for ensuring that campaigns comply with specific industry regulations as applicable.

MarketinGear assumes no liability for any infringement claims arising from materials supplied by the Client or failure of the Client to comply with relevant laws. The Client also agrees to hold MarketinGear harmless from any claims, damages, or liabilities arising out of the Client’s failure to meet their obligations under this Agreement. Additionally, the Client is responsible for any costs incurred by MarketinGear due to delays or errors originating from the Client’s failure to meet these obligations.

• Service Fees and Payment Terms

5.1 Payment Obligations:

Upon execution of a Service Agreement, Service Order, or Online Order Form, the Client is responsible for paying all associated service fees as outlined in the respective agreement. Fees must be paid in U.S. dollars, unless otherwise agreed upon, and are non-refundable. Payment schedules, due dates, and invoicing details will be clearly outlined in each specific Service Agreement. Payments must be made in a timely manner to prevent disruptions in service, and MarketinGear reserves the right to request pre-payment or deposits where applicable.

5.2 Billing and Invoicing

• Recurring Services: For monthly recurring services, payment will be due on the same day each month as the effective date of the Service Agreement, unless otherwise specified. For example, if the Service Agreement is signed on the 15th of the month, payments will be due on the 15th of each subsequent month. If the effective date falls after the 25th of the month, the first recurring payment will be prorated, and future payments will be due on the 25th. All recurring services require automatic billing to ensure timely payments. MarketinGear may also provide an option for annual billing at a discounted rate, subject to Client preference.
• One-Time Services: Payments for one-time services, such as website development or mobile app design, are due upon signing the agreement or as otherwise stipulated in the Service Agreement. MarketinGear may require a deposit or milestone payments for larger projects, which will be clearly defined in the Service Agreement. Failure to make these payments as outlined can result in a delay or halt of project progress.

5.3 Payment Methods:

MarketinGear accepts various payment methods, including credit cards, ACH transfers, and wire transfers. By providing your payment information, you authorize MarketinGear to charge your account for the agreed fees. Should any issues arise with your payment method, you agree to update your payment details promptly to avoid service interruptions. Clients may also opt to use secure third-party payment services approved by MarketinGear, with any associated fees being the responsibility of the Client.

If the Client disputes any charges or if payment is not received, MarketinGear reserves the right to suspend services, and additional late fees may be applied as per Section 5.5. It is the Client’s responsibility to keep payment information up to date and resolve any disputes in a timely manner. Any disputed amounts must be raised in writing within 10 business days of receipt of the invoice.

5.4 Taxes:

The Client is responsible for any sales taxes, VAT, or other applicable taxes related to the services provided by MarketinGear. Taxes will be calculated based on the Client’s billing address and the services rendered. The Client agrees to indemnify and hold MarketinGear harmless from any liability for any such taxes, including penalties and interest. If the Client is tax-exempt, a valid tax-exemption certificate must be provided before services commence.

5.5 Late Fees:

Failure to make timely payments will result in a late fee of 1.5% of the outstanding balance per month, or the maximum amount allowed by law, whichever is less. If an invoice remains unpaid after 30 days, MarketinGear may pause services until payment is made in full, including any applicable late fees. Continued non-payment may lead to the termination of services and referral to collections agencies. MarketinGear reserves the right to recover any costs associated with the collection of unpaid balances, including legal fees and collection agency costs.

• Service Term and Termination

6.1 Term of Agreement:

The Service Agreement will begin on the effective date specified and will remain in effect for the duration of the initial term outlined in the Service Agreement (“Initial Term”). The Agreement will automatically renew for successive six-month terms (“Renewal Term”) unless either party provides notice of cancellation. Renewal fees and any updated service terms will be communicated to the Client prior to the renewal. The Client may request changes to the scope of services during renewal, subject to approval by MarketinGear.

6.2 Cancellation by the Client:

The Client may cancel services by providing at least 30 days’ written notice via email or postal mail to the designated MarketinGear account representative. If the Client cancels before the completion of the Initial Term, the Client will be responsible for paying any remaining fees for the term, including any waived setup fees, onboarding fees, or other penalties outlined in the Service Agreement. MarketinGear reserves the right to withhold deliverables until all outstanding balances are settled. The Client will not be entitled to any refunds for payments already made.

6.3 Cancellation by MarketinGear:

MarketinGear reserves the right to terminate this Agreement or suspend services immediately for any reason, including but not limited to:

• Non-payment or late payment of fees
• Violation of any applicable laws or regulations by the Client
• Breach of any part of this Agreement by the Client
• Engagement in unethical or unlawful business practices by the Client

Upon termination, any unpaid balances will become immediately due. Additionally, any unused credits, creative hours, or other service-related funds will be forfeited. MarketinGear is not liable for any damages or losses resulting from the suspension or termination of services. All deliverables, materials, and data generated during the project will remain MarketinGear’s property until the full payment is received.

6.4 Early Cancellation Fees:

If the Client cancels services before completing the Initial Term, the Client will be required to pay an Early Cancellation Fee, which covers MarketinGear’s setup, sales, and other initial service costs. The Early Cancellation Fee will be specified in the Service Agreement or will default to a $2,350 Onboarding Package fee. This fee is non-negotiable and must be paid in full before any service termination can be processed. MarketinGear reserves the right to invoice any additional costs that have been incurred based on early termination.

6.5 Downgrading or Pausing Services:

During the Initial Term, requests for downgrades or service pauses are subject to MarketinGear’s approval and may incur additional fees. After the Initial Term, downgrades or pauses may be requested with at least 30 days’ written notice. Approval for downgrades or pauses will depend on the scope of services provided, and some services may not be eligible for pausing or downgrading. Any paused services may be subject to reactivation fees, which will be detailed in the Service Agreement or provided upon request.

• Intellectual Property

7.1 Client Content and License Grant:

By providing content, data, or other materials to MarketinGear, the Client grants MarketinGear a non-exclusive, royalty-free, worldwide license to use, copy, modify, distribute, and display the content as necessary to provide the services outlined in this Agreement. This license will terminate upon termination of the Agreement, except for any content that has been used in publicly visible marketing materials, which MarketinGear may retain as part of its portfolio.

7.2 Ownership of Deliverables:

Upon full payment of all fees due under this Agreement, the Client will own all rights to the final creative deliverables produced by MarketinGear, including but not limited to:

• Custom website designs
• Graphic designs
• Logos
• Video and photo content
• Mobile app designs
• Content marketing materials

MarketinGear retains the right to use these deliverables for promotional and advertising purposes unless expressly prohibited by the Client in writing. This includes showcasing the work in portfolios, case studies, and marketing materials to demonstrate MarketinGear’s capabilities.

7.3 Work Product and Proprietary Rights:

Any proprietary processes, software, methodologies, or intellectual property developed by MarketinGear in the course of delivering services remain the sole property of MarketinGear. The Client agrees not to reverse-engineer, duplicate, or replicate any proprietary systems used by MarketinGear in the delivery of services. This includes software, templates, and processes that are considered intellectual property of MarketinGear, even if integrated into deliverables provided to the Client.

• Warranties and Disclaimers

8.1 No Warranties:

MarketinGear provides services on an “as-is” basis and does not guarantee any specific results, including specific search engine rankings, advertising performance, or business outcomes. While MarketinGear strives for quality and consistency in its services, MarketinGear disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Client acknowledges that digital marketing results are subject to numerous variables beyond the control of MarketinGear.

8.2 Limitation of Liability:

To the maximum extent permitted by law, MarketinGear’s liability for any claim related to this Agreement is limited to the amount of fees paid by the Client in the preceding 12 months. MarketinGear is not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities. This limitation of liability applies regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.

• Indemnification:

The Client agrees to indemnify and hold MarketinGear harmless from any claims, liabilities, damages, or expenses (including reasonable attorney fees) arising from:

• The Client’s violation of this Agreement
• Infringement of any third-party intellectual property rights by content provided by the Client
• Any unlawful or unauthorized use of MarketinGear’s services
• Non-compliance with applicable privacy, advertising, or content laws

The Client further agrees to indemnify MarketinGear against any liabilities or expenses arising from any claims made by third parties due to content or actions attributable to the Client.

• Dispute Resolution

10.1 Arbitration Agreement:

In the event of any disputes, claims, or controversies arising out of this Agreement, both parties agree to submit to binding arbitration in California. The arbitration will be administered by the American Arbitration Association (AAA) and conducted under the AAA’s commercial arbitration rules. Each party will bear its own legal fees and costs, and the arbitration will be conducted confidentially. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

10.2 Legal Proceedings:

Should arbitration be deemed inapplicable, any legal action will be pursued in California courts, and the prevailing party will be entitled to recover reasonable attorney fees and court costs. The parties agree that California courts have exclusive jurisdiction, and venue will be proper in Sacramento County.

1. Governing Law This Agreement is governed by the laws of the state of California without regard to its conflict of law principles. All actions arising under or related to this Agreement shall be litigated exclusively in the state and federal courts located in California. The parties consent to the personal jurisdiction of these courts.

• Privacy and Data Security

12.1 Client Data and Confidentiality:

MarketinGear values Client confidentiality and agrees to take all reasonable steps necessary to protect any Client data shared with MarketinGear in connection with services. This includes implementing both technical and organizational measures designed to safeguard the confidentiality, integrity, and availability of Client data. However, the Client acknowledges that MarketinGear cannot guarantee the absolute security of data transmissions over the internet or electronic storage, as there are inherent risks associated with these technologies.

MarketinGear will:

• Maintain appropriate physical, administrative, and technical safeguards to protect Client data from unauthorized access, disclosure, alteration, or destruction.
• Regularly review and update security protocols to address evolving threats and vulnerabilities.
• Not disclose Client data to any third parties, except as necessary to provide the services or as required by law or legal processes.
• Conduct employee training on data protection and privacy to ensure compliance with established data handling protocols.
• Perform regular audits of data security practices to ensure ongoing compliance with privacy and security standards.
• Use encryption technologies where applicable to protect sensitive information during storage and transmission.

The Client is responsible for ensuring that any sensitive data shared with MarketinGear complies with applicable privacy regulations, including the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), or other relevant privacy laws. The Client should also ensure that such data is shared using secure methods, such as encryption or secure file transfer services, to minimize risks.

12.2 Data Processing Compliance (GDPR and CCPA):

For Clients subject to GDPR or CCPA regulations, MarketinGear processes data solely on behalf of the Client, making the Client the data controller and MarketinGear the data processor. The Client is responsible for obtaining any necessary consents from data subjects before sharing their information with MarketinGear, including ensuring that data subjects are fully informed about how their data will be used.

• GDPR: To the extent that MarketinGear processes data from individuals in the European Union, the terms of MarketinGear’s Data Processing Agreement (DPA) apply. The DPA outlines MarketinGear’s role as a data processor and describes the measures taken to protect EU-based personal data. MarketinGear also commits to cooperating with any regulatory authority as required and assisting the Client with any data subject rights requests, such as access, rectification, erasure, or data portability.
• CCPA: For Clients subject to CCPA, MarketinGear adheres to the CCPA Contract Clauses, which outline data handling practices to protect the rights of California residents. This includes honoring consumer rights requests related to accessing, deleting, or opting out of the sale of personal information, where applicable. MarketinGear will also provide support to Clients in managing consumer rights requests as required under the CCPA.

12.3 Security Breach Notification:
In the event of a security breach impacting Client data, MarketinGear will notify the Client within a commercially reasonable time after becoming aware of the breach. This notification will include details of the breach, including the nature of the incident, affected data types, and actions taken to mitigate the impact of the breach. The notification will also provide guidance to the Client regarding any actions they may need to take. The Client agrees to cooperate with MarketinGear in addressing any required legal disclosures or notifications to affected parties, including consumers or regulatory bodies.

MarketinGear will also work to determine the root cause of the breach and implement corrective measures to prevent similar incidents in the future. The Client will be kept informed of the investigation’s progress and any updates related to mitigating actions.

• Compliance with Laws

13.1 Client Responsibility for Legal Compliance:

 

The Client is solely responsible for ensuring that their business, content, and any data used with MarketinGear services comply with applicable laws, regulations, and industry standards. This includes, but is not limited to:

• Privacy and data protection laws, including GDPR, CCPA, and HIPAA (if applicable).
• Marketing and advertising regulations, including CAN-SPAM, TCPA, and other consumer protection laws.
• Content guidelines, especially when involving copyright, trademark, and intellectual property rights.
• Consumer protection laws, including regulations around product claims, endorsements, and guarantees.
• Compliance with local, state, national, and international laws governing digital marketing and online advertising practices.

The Client must ensure that any content submitted to MarketinGear for marketing or promotional purposes meets the legal requirements of their jurisdiction and does not infringe upon the rights of third parties. The Client is also responsible for ensuring that their marketing campaigns comply with platform-specific policies and guidelines, such as those set by Google Ads, Facebook, and other online advertising services.

13.2 Prohibited Content and Activities:

 

MarketinGear strictly prohibits the use of its services to engage in illegal activities or to share content that:

• Is defamatory, libelous, harassing, abusive, or obscene.
• Violates any applicable local, national, or international law or regulation.
• Infringes upon the intellectual property or privacy rights of others.
• Promotes discrimination, hatred, violence, or any form of unlawful behavior.
• Misleads or deceives consumers through false claims, fake testimonials, or manipulative practices.
• Contains malicious code, viruses, or any software designed to disrupt or damage systems.

MarketinGear reserves the right to terminate services immediately if the Client violates these content guidelines or any applicable legal standards. Additionally, MarketinGear reserves the right to report any illegal activity to the relevant law enforcement authorities and cooperate fully with any investigations.

• Termination Conditions

14.1 Termination for Cause:

MarketinGear may terminate this Agreement and suspend all services if:

• The Client fails to make payments within the designated timeframe despite receiving payment reminders.
• The Client breaches any part of this Agreement or any Service Agreement and fails to remedy such breach within ten (10) business days of receiving written notice.
• The Client engages in any unlawful activities or violates industry standards, including those involving fraud or misrepresentation.
• The Client fails to comply with any applicable legal or regulatory requirements related to the use of MarketinGear’s services.

Upon termination for cause, the Client remains responsible for any outstanding payments for services rendered and any applicable early termination fees. In addition, MarketinGear may take appropriate legal action to recover any unpaid fees and pursue any remedies available under the law.

14.2 Post-Termination Obligations:

Upon termination of this Agreement:

• MarketinGear will cease providing services, and any associated accounts or subscriptions will be closed.
• The Client agrees to pay any outstanding balances owed to MarketinGear within 15 days of the termination date.
• All rights granted to the Client under this Agreement will immediately terminate.
• The Client may request a data export or archive of any account data or content, subject to additional fees, within 30 days of termination. After this period, MarketinGear reserves the right to delete any remaining Client data from its systems without further notice.
• Any licenses granted to the Client to use MarketinGear’s proprietary tools, materials, or content will be immediately revoked.
• The Client must cease all use of MarketinGear’s proprietary information, tools, or materials, and ensure that any copies in their possession are destroyed or returned.

 

• Non-Solicitation Clause:

For a period of three (3) years following the termination of this Agreement, the Client agrees not to:

• Directly or indirectly solicit, hire, or attempt to hire any MarketinGear employees or contractors.
• Induce any MarketinGear employees or contractors to terminate their employment or contractual relationship with MarketinGear.
• Engage in any discussions with MarketinGear employees or contractors about leaving MarketinGear for a competing business opportunity.
• Assist any third party in recruiting or hiring MarketinGear employees or contractors for competing services.

This non-solicitation clause ensures MarketinGear’s investment in its team and resources is protected and enforceable to the maximum extent permitted by law. MarketinGear retains the right to seek injunctive relief or other remedies if this clause is breached, including monetary damages for any losses incurred.

• Notices and Communication:

All formal notices required under this Agreement must be provided in writing and delivered via:

• Email to the last known email address for either Party.
• Certified Mail with return receipt requested, or by courier service with a tracking number to the addresses provided by each Party.
• Notices delivered by courier will be considered received upon delivery confirmation.

Notices will be considered received three business days after sending for certified mail, or immediately upon receipt for email communications if no bounce-back or undeliverable notice is received. Clients are responsible for ensuring their contact information remains current with MarketinGear. MarketinGear reserves the right to use digital communication methods for service-related communications, such as changes to service offerings, policy updates, or other important notifications.

• Modifications to the Agreement

17.1 Amendments and Updates 

MarketinGear may modify this Agreement, including these Terms of Service, from time to time. Any amendments will be posted on MarketinGear’s website, and an email notification will be sent to the Client. The Client’s continued use of services after receiving notice of changes constitutes acceptance of the revised terms. Any significant changes will be highlighted, and the Client will have an opportunity to review the amendments in detail.

In addition to email notifications, MarketinGear may provide updates through client portals or other secure communication channels, ensuring that the Client is fully informed of any changes.

17.2 Material Amendments 

For material amendments that impact the core terms of this Agreement, MarketinGear will obtain written confirmation of acceptance from the Client before enforcing any changes. Should the Client object to any material amendment, the Client may terminate the Agreement within 30 days of receiving notice, subject to applicable early cancellation fees. Any remaining ad credits or content development projects will be handled as agreed upon in the termination terms.

MarketinGear will make reasonable efforts to work with Clients to address concerns regarding material amendments and, where possible, offer mutually agreeable modifications to avoid termination.

• Specific Provisions for Content Marketing and Advertising

18.1 Content Marketing Scope and Budget 

MarketinGear offers content marketing services, including blog writing, video production, infographics, and social media posts. The specific scope of these services, including frequency and content type, will be outlined in the Service Agreement, which will be customized based on the Client’s specific marketing objectives and target audience.

• Content Marketing Budget: The Client’s monthly content marketing budget determines the volume and scope of content produced each month. The Client’s content marketing budget does not roll over to the following month. Any unused funds at the end of each month are forfeited. However, if the Client provides prior notice, they may adjust the content type or frequency to maximize the use of their budget.
• Content Approval: All content is subject to Client approval before publishing. Content will be considered approved if the Client does not provide revisions or feedback within three business days after MarketinGear sends a draft. MarketinGear will make up to two rounds of revisions per piece of content within the original scope at no additional cost. Additional revisions or changes outside the original scope may be subject to additional fees.

MarketinGear may also provide content performance reports to help the Client understand the impact of the content on their marketing goals and make data-driven decisions regarding future campaigns.

18.2 Ad Credits 

MarketinGear may provide advertising services under two primary ad models:

• Model A Advertising: The Client purchases ad credits, which are then used to run advertisements through MarketinGear’s managed accounts (e.g., Google Ads, Facebook Ads). Credits are allocated toward media buying and campaign management. Unused ad credits will roll over for one billing cycle but must be used within this period or be forfeited. The Client will receive detailed reports outlining the ad spend, reach, and performance of each campaign. MarketinGear will also provide insights and recommendations for optimizing ad performance based on collected data.
• Model B Advertising: The Client directly purchases ads from third-party ad providers (e.g., Google, Facebook) in their own advertising accounts. MarketinGear charges a monthly fee to manage and optimize the Client’s campaigns, which is separate from any ad spend paid directly to third parties. MarketinGear will provide campaign analysis, performance metrics, and optimization recommendations to maximize the performance of these ads. The Client retains ownership and access to their advertising accounts.

 

• Additional Compliance Provisions

19.1 HIPAA Compliance 

MarketinGear does not offer HIPAA-compliant services and cannot process, store, or manage health-related data subject to HIPAA standards. The Client agrees not to use MarketinGear services for any health-related activities requiring HIPAA compliance. Any breach of this condition will result in immediate termination of services and may incur additional penalties.

If the Client is unsure whether their activities require HIPAA compliance, they should consult legal counsel before using MarketinGear’s services.

19.2 Third-Party Data Use (Google, Facebook, Bing) 

MarketinGear uses third-party platforms for advertising services and is subject to the terms and conditions of each respective platform. By using MarketinGear’s advertising services, the Client agrees to be bound by the terms set forth by third parties, including but not limited to:

• Google Ads Terms of Service
• Facebook Advertising Guidelines
• Bing Ads Agreement

Failure to comply with third-party terms may result in service suspension or additional fees. MarketinGear will provide guidance to the Client to ensure compliance but cannot be held responsible for any penalties or service restrictions imposed by these third-party platforms. The Client must also stay informed about updates to these third-party terms and inform MarketinGear of any changes that may impact ongoing campaigns.

19.3 Third-Party Product and Service Disclaimer 

MarketinGear may suggest or facilitate third-party products and services to the Client (e.g., payment processing, chatbots, etc.). MarketinGear is not responsible for the performance, security, or compliance of these third-party services. The Client acknowledges that they must establish separate agreements with any third-party providers for these services. The Client must also conduct their own due diligence to ensure that the third-party services meet their compliance, performance, and business needs.

MarketinGear will provide reasonable assistance in integrating third-party services but is not liable for any issues that arise from the use of these services. The Client remains fully responsible for ensuring that all third-party products and services are used in compliance with applicable regulations.

• Miscellaneous Provisions

20.1 Entire Agreement 

This Agreement, including the Service Agreement and any associated documents incorporated by reference, constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and representations. Any modifications must be in writing and signed by both Parties. No verbal or implied agreements will be recognized unless explicitly incorporated into this Agreement.

This Agreement is binding upon and will inure to the benefit of the Parties, their successors, and permitted assigns.

20.2 Severability 

If any provision in this Agreement is deemed invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision will be amended to reflect the original intent of the Parties in a manner that complies with applicable law. All other provisions will remain in full force and effect, and the remainder of the Agreement shall continue to be valid and enforceable.

In the event that a provision cannot be amended, it shall be severed from this Agreement, and the rest of the Agreement will remain enforceable.

20.3 Assignment 

The Client may not assign this Agreement or transfer any rights or obligations to any third party without prior written consent from MarketinGear. MarketinGear may assign this Agreement in connection with a sale of assets, merger, or other corporate restructuring. Any assignment by MarketinGear will be communicated to the Client, and the new entity will assume all obligations and responsibilities under this Agreement.

20.4 Relationship of the Parties 

The Client and MarketinGear are independent contractors. This Agreement does not create any partnership, joint venture, or employment relationship between the Parties. Neither Party has the authority to bind the other in any way without prior written consent, and each Party retains responsibility for its own personnel and operations.

MarketinGear employees and contractors are not considered employees of the Client, and no employment benefits or obligations will be transferred between the Parties.

20.5 Governing Law and Jurisdiction 

This Agreement is governed by the laws of the State of California, without regard to its conflict of laws principles. The Client and MarketinGear agree to submit to the exclusive jurisdiction of California state courts for all disputes that fall outside the scope of the arbitration clause. Any dispute arising from or related to this Agreement will be resolved in accordance with the dispute resolution procedures set forth herein.

The Parties agree that any disputes shall be resolved through negotiation and, if necessary, arbitration or litigation in California.

20.6 Waiver 

Failure by MarketinGear to enforce any provision of this Agreement does not waive MarketinGear’s right to enforce such provision in the future. Any waiver must be in writing and signed by MarketinGear to be effective. No single or partial exercise of any right or remedy shall preclude any further exercise of that right or remedy or any other right or remedy.

A waiver of any provision by either Party will not constitute a waiver of any other provision or of the same provision on another occasion.

20.7 Force Majeure 

MarketinGear is not liable for any failure or delay in performing its obligations if the failure or delay is due to any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, war, terrorism, or civil unrest. In such an event, MarketinGear will notify the Client and resume performance as soon as practicable. If the force majeure event persists for more than sixty (60) days, either Party may terminate this Agreement without penalty.

In the event of a force majeure termination, neither Party shall be liable for any damages arising from the failure to perform their respective obligations under this Agreement.

20.8 Headings 

Section headings are for reference purposes only and do not affect the interpretation of this Agreement. The headings are used for convenience and ease of reading but shall not influence the meaning or intent of any provision herein.

 

Contact us:

Email: Hi@MarketinGear.com
Phone: +1 916 940 5316

Last Updated: 10/24/2024

These Terms of Use (“Terms”) govern your access to and use of the website www.marketingear.com (“Website”), operated by MarketinGear, a subsidiary of Relatones LLC, registered and operating in California, USA. By accessing or using the Website, you agree to be bound by these Terms, and all applicable laws and regulations. If you disagree with any part of these Terms, please refrain from using our Website. These Terms are designed to ensure a safe, fair, and lawful experience for all users. We encourage you to read these Terms thoroughly and contact us with any questions you may have.

1. Acceptance of Terms

By accessing or using this Website, you confirm that you are at least 18 years old, have read these Terms, and agree to be bound by them and all applicable laws. If you are accessing this Website on behalf of a business or organization, you represent that you have the authority to accept these Terms on their behalf. Your acceptance of these Terms also extends to any applicable policies and agreements related to the services we offer. We reserve the right to request proof of your age or authority at any time to verify compliance with these Terms.

2. Changes to Terms

MarketinGear reserves the right to modify these Terms at any time, and we may do so at our sole discretion. Any changes will be effective immediately upon posting on the Website. Continued use of the Website after changes have been posted indicates your acceptance of the new Terms. Please review the Terms periodically to stay informed of any updates, as they may significantly impact your rights and responsibilities. If you do not agree with any changes, you should discontinue your use of the Website immediately.

3. Services

MarketinGear provides digital marketing, SEO, content creation, and other digital services to clients around the world. The use of these services is subject to additional agreements, including service agreements, contracts, and our Privacy Policy, which can be accessed here: [Link to Privacy Policy]. Each service may have its own set of terms that further clarify the responsibilities of both MarketinGear and the client. MarketinGear strives to deliver high-quality digital solutions that meet the needs of small and medium-sized businesses, and we ensure that our services are compliant with applicable industry standards.

4. Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, videos, software, and trademarks, is the property of MarketinGear, its licensors, or third-party providers. You are granted a limited, non-transferable license to access and use the content solely for personal, informational, and non-commercial purposes. Unauthorized reproduction, distribution, modification, public display, or any other use of the content, whether in part or whole, is strictly prohibited. Any rights not expressly granted to you are reserved by MarketinGear. If you wish to use any of our intellectual property for commercial purposes, you must obtain prior written consent from MarketinGear.

4.1 User Content

You may submit, upload, or post content, comments, or suggestions on the Website, including but not limited to feedback, questions, and reviews. By doing so, you grant MarketinGear a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, and distribute such content for any purpose, including but not limited to promotional and marketing purposes. You represent and warrant that any content you submit does not violate any third-party rights and that you have the necessary permissions to grant this license. We reserve the right, but are not obligated, to review, monitor, or remove any content submitted by users at our discretion.

5. User Conduct

You agree to use the Website for lawful purposes only and refrain from any conduct that could harm MarketinGear, other users, or third parties. Specifically, you agree not to:

• Violate any applicable federal, state, local, or international law or regulation, including any laws concerning data privacy, intellectual property, or consumer protection.
• Use the Website in any manner that could disrupt, damage, disable, overburden, or impair the Website, including but not limited to launching denial-of-service attacks or introducing malicious software.
• Misrepresent your identity or affiliation or provide false or misleading information when using the Website.
• Engage in any conduct that is abusive, harassing, defamatory, obscene, threatening, or invasive of another’s privacy or that could otherwise cause harm or distress to any person.
• Attempt to gain unauthorized access to any part of the Website, other user accounts, or any systems or networks connected to the Website.
• Use any automated system, including robots, spiders, or offline readers, to access the Website for any purpose without MarketinGear’s express written consent.

6. Privacy Policy

Our Privacy Policy, located at [Link to Privacy Policy], describes how we collect, use, store, and protect your personal information. By using the Website, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. We take your privacy seriously and implement reasonable security measures to safeguard your personal data. Please read our Privacy Policy carefully to understand your rights and our obligations regarding your personal information.

7. Third-Party Links

Our Website may contain links to third-party websites or services. These links are provided solely for your convenience, and MarketinGear does not endorse, control, or assume responsibility for the content, privacy policies, or practices of these third-party sites. We make no representations or warranties regarding the accuracy, legality, or reliability of the content provided on third-party websites. You access any third-party links at your own risk, and we encourage you to review the terms and privacy policies of any third-party websites you visit.

8. Disclaimer of Warranties

To the maximum extent permitted by California law:

• The Website is provided on an “as-is” and “as available” basis, with no warranties or guarantees of any kind, whether express or implied. MarketinGear makes no representations or warranties of any kind with respect to the completeness, accuracy, reliability, suitability, or availability of the Website or its content for any purpose.
• MarketinGear disclaims any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You assume full responsibility for any risks arising from your use of the Website.
• MarketinGear does not warrant that the Website will be secure, error-free, or uninterrupted, or that any defects will be corrected. We do not guarantee that the Website or the server that makes it available is free of viruses or other harmful components.

9. Limitation of Liability

To the fullest extent permitted by California law, MarketinGear, its affiliates, officers, directors, employees, agents, and licensors will not be liable for any direct, indirect, incidental, consequential, punitive, or exemplary damages arising from or in connection with your use of, or inability to use, the Website or any services provided through the Website. This includes, but is not limited to, damages for loss of profits, data, goodwill, or other intangible losses, even if MarketinGear has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless MarketinGear, its affiliates, officers, directors, employees, agents, and licensors from any and all claims, liabilities, damages, losses, and expenses, including but not limited to reasonable attorneys’ fees and costs, arising from or related to your use of the Website, your violation of these Terms, or your infringement of any third-party rights. MarketinGear reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with MarketinGear in asserting any available defenses.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms or the Website shall be brought exclusively in the state or federal courts located in [County, California]. You agree to submit to the jurisdiction of and venue in such courts and waive any objection to the inconvenience of the forum.

12. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or related to these Terms or the Website, you agree to first attempt to resolve the dispute informally by contacting us at [contact@marketingear.com]. If a resolution cannot be reached within 30 days, you agree to submit the dispute to binding arbitration administered by a recognized arbitration provider in [County, California]. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, and the arbitrator’s decision shall be final and binding. Each party shall bear its own costs of arbitration, except as otherwise required by applicable law.

13. Termination

MarketinGear reserves the right to terminate or suspend your access to the Website at any time, without notice, for any reason, including but not limited to a violation of these Terms or any conduct that MarketinGear, in its sole discretion, believes is harmful to its interests or the interests of other users. Upon termination, all rights granted to you under these Terms will immediately cease, and you must discontinue all use of the Website. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, limitation of liability, and dispute resolution.

14. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and MarketinGear regarding your use of the Website, superseding any prior agreements or understandings, whether written or oral. No waiver of any provision of these Terms by MarketinGear shall be deemed a further or continuing waiver of such provision or any other provision, and MarketinGear’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Contact Information

If you have any questions, concerns, or comments about these Terms or the Website, please feel free to contact us at:

MarketinGear
Email: hi@marketingear.com
Address: 4142 E Commerce Way, Suite 110, Sacramento, CA 95834

We value your feedback and are committed to providing a positive experience for all our users. Please do not hesitate to reach out with any questions or suggestions.

Effective Date: 10/24/2024

Welcome to MarketinGear (“we,” “us,” or “our”). MarketinGear, a subsidiary of Relatones LLC, is committed to protecting your privacy and providing a secure user experience. This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you visit our website, www.marketingear.com, use our services, or interact with us in other ways. This policy aims to give you a clear understanding of the types of information we collect, how we use that information, the steps we take to protect it, and your rights regarding your data.

1. Information We Collect

We collect personal information that you provide directly to us, automatically when you use our website, and from third-party sources. This information helps us enhance our services, provide a more personalized experience, and ensure we meet your needs effectively.

1.1 Information You Provide

• Account Information: When you create an account, request information, or sign up for our services, we collect details such as your name, email address, phone number, company name, address, and other relevant contact information such as website address, social media handles and so on. This information allows us to establish and maintain your account, manage your service preferences, and provide a seamless experience.
• Billing Information: If you purchase a service, we collect payment-related information such as billing address, credit card number, and other payment details. We use this information to process transactions securely and ensure compliance with financial regulations.
• Communications: When you contact us via email, chat, or other means, we collect and retain records of your correspondence, including your name, contact information, and the content of your messages. This helps us provide timely customer support and maintain a record of our interactions to improve service quality.

1.2 Information Collected Automatically

• Device and Usage Information: When you access our website, we collect information automatically, including your IP address, browser type, device identifiers, pages visited, time spent on pages, and referring URLs. This information helps us understand how users interact with our website, optimize site functionality, and enhance your overall experience.
• Cookies and Tracking Technologies: We use cookies, web beacons, and similar technologies to collect information about your interaction with our website and to enhance your user experience. Cookies allow us to remember your preferences, track usage trends, and provide personalized content. You can manage your cookie preferences through your browser settings, though disabling cookies may affect your experience.

1.3 Information from Third Parties We may receive information about you from third parties, such as marketing partners or social media platforms, when you interact with our content on those sites. This information helps us understand your interests better and provide more targeted services. For instance, if you engage with our promotional content on social media, we may collect insights to tailor our marketing efforts accordingly.

2. How We Use Your Information

We use the information we collect for a variety of purposes, including but not limited to the following:

• Providing Services: To provide you with the services you request, manage your account, and communicate with you about your use of our services. This includes verifying your identity, processing transactions, and providing customer support.
• Customer Support: To respond to your inquiries, provide customer service, and resolve issues related to our services. We strive to address your concerns promptly and effectively to ensure your satisfaction.
• Marketing and Promotional Communications: To send you promotional materials, special offers, and other information we think may interest you. You can opt out of receiving these communications at any time by following the unsubscribe instructions included in our emails or contacting us directly.
• Analytics and Improvement: To understand how users interact with our website and services, and to develop and improve our offerings. We analyze usage data to identify trends, optimize performance, and enhance the quality of our services.
• Security and Fraud Prevention: To monitor for security threats, prevent fraudulent activities, and maintain the security and integrity of our website and services. We take proactive measures to safeguard your information and ensure our systems are secure from unauthorized access.

3. How We Share Your Information

We do not sell your personal information. However, we may share your information in the following circumstances to provide our services effectively and comply with legal obligations:

• Service Providers: We share your information with third-party vendors, contractors, and service providers who help us operate our business and provide services to you. These service providers assist with functions such as payment processing, data analysis, email delivery, and customer support. We ensure that these parties are bound by contractual obligations to protect your personal information.
• Legal Requirements: We may disclose your information if required to do so by law, or in response to valid requests by public authorities (e.g., a court or government agency). This includes cooperating with law enforcement and regulatory bodies to ensure compliance with applicable laws.
• Business Transfers: In the event of a merger, acquisition, reorganization, or sale of assets, we may transfer your personal information to the new entity as part of the transaction. We will notify you of any changes in ownership or use of your information, and your options regarding your data.
• With Your Consent: We may share your information with other parties if you give us explicit consent to do so. For example, we may share testimonials or reviews you provide with your consent.

4. Security of Your Information

We take appropriate measures to safeguard your personal information against unauthorized access, disclosure, alteration, and destruction. These measures include using secure encryption protocols, access controls, and regularly updating our systems to address potential vulnerabilities. We use industry-standard security practices to protect your information, but please note that no security measures are perfect, and we cannot guarantee the absolute security of your information. We encourage you to take steps to protect your personal information, such as using strong passwords and keeping your login credentials confidential.

5. Your Data Rights and Choices

You have certain rights regarding the personal information we collect about you, including:

• Access and Correction: You can request access to or correction of your personal information at any time. If you believe that any information we hold about you is inaccurate or incomplete, please contact us so we can update it accordingly.
• Data Portability: You have the right to receive your personal information in a structured, commonly used, and machine-readable format. This allows you to transfer your data to another service provider if desired.
• Erasure: You can request that we delete your personal information, subject to certain legal limitations. We will take reasonable steps to comply with your request, provided we do not have a legitimate reason for retaining the information (e.g., legal obligations).
• Marketing Preferences: You can opt out of receiving marketing communications by following the unsubscribe instructions included in those communications or by contacting us directly. Even if you opt out of receiving marketing messages, we may still send you non-promotional communications, such as service-related updates.

6. Cookies and Tracking Technologies

We use cookies and other tracking technologies to collect information about your use of our website. Cookies are small text files that are placed on your device to help our website function efficiently and to provide analytics and personalized content. We use different types of cookies, including:

• Essential Cookies: These cookies are necessary for the website to function properly and cannot be switched off in our systems.
• Performance Cookies: These cookies help us understand how visitors interact with our website by collecting and reporting information anonymously.
• Functional Cookies: These cookies enable the website to provide enhanced functionality and personalization.

You can control the use of cookies at the browser level. Please note that if you disable cookies, some features of our website may not function properly, which could affect your experience.

7. Children’s Privacy

Our services are not directed to children under the age of 13, and we do not knowingly collect personal information from children. If we become aware that we have collected information from a child under 13, we will take steps to delete such information promptly. If you believe that we might have any information from or about a child under 13, please contact us immediately so that we can take appropriate action.

8. International Data Transfers

Your personal information may be transferred to, and maintained on, servers and databases located outside of your country of residence. By using our services, you consent to such transfers. We take steps to ensure that your information is protected in accordance with this Privacy Policy, regardless of where it is processed or stored. When transferring data internationally, we comply with applicable data protection laws and use appropriate safeguards, such as standard contractual clauses.

9. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal obligations. We will post any changes on this page, and the revised policy will be effective when posted. If the changes are significant, we will provide a more prominent notice, such as by sending an email or displaying a notice on our website. We encourage you to review this Privacy Policy periodically for any updates to stay informed about how we protect your personal information.

10. Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

MarketinGear, a Subsidiary of Relatones LLC
Email: hi@marketingear.com
Address: 4142 E Commerce Way, Suite 110, Sacramento, CA 95834

We value your feedback and are committed to addressing any concerns you may have about our privacy practices. Please do not hesitate to reach out to us if you need further clarification or assistance.

11. Your California Privacy Rights

If you are a California resident, you have the right to request information regarding the disclosure of your personal information to third parties for their direct marketing purposes. To make such a request, please contact us at the provided contact details. California law also provides you with the right to know what personal information we collect about you, request deletion of your personal information, and opt-out of the sale of your personal information (although we do not sell personal information).

12. Do Not Track Signals

Our website does not respond to “Do Not Track” signals. However, you can adjust your browser settings to refuse cookies or alert you when cookies are being sent. “Do Not Track” is a preference you can set in your web browser to inform websites that you do not want to be tracked. As there is currently no industry-standard protocol for responding to such signals, we do not make any guarantees or commitments regarding the handling of “Do Not Track” signals.

13. Third-Party Websites

Our website may contain links to third-party websites. We are not responsible for the privacy practices or the content of such websites. We encourage you to read the privacy policies of any third-party websites you visit. These third-party sites may collect information about you independently, and we have no control over how they use or protect your information. It is always advisable to review the privacy policies and practices of any external websites before sharing your personal information.

Effective Date: 10/24/2024

This California Privacy Policy (“Policy”) is intended to provide California residents with information regarding our practices in accordance with the California Consumer Privacy Act (“CCPA”) and other California privacy laws. MarketinGear (“we,” “us,” or “our”), a subsidiary of Relatones LLC, respects the privacy rights of California residents and is committed to complying with applicable laws regarding the collection, use, and disclosure of personal information. This Policy supplements our general Privacy Policy and provides additional details specifically for California residents. Our goal is to be transparent and informative, giving you a clear understanding of how your personal information is collected, used, shared, and protected, as well as the rights available to you under California law.

1. Scope of This Policy

This Policy applies solely to California residents (“consumers” or “you”) who use our website, services, or otherwise interact with us. It explains what personal information we collect, how we use it, your rights regarding that information, and how you can exercise those rights under the CCPA. This Policy is designed to give you comprehensive insight into our data practices and the measures we take to safeguard your information. Additionally, it provides you with a detailed overview of your rights under California law, ensuring you are well-informed of the ways in which you can manage and protect your privacy.

2. Personal Information We Collect

We collect personal information from and about you for various business and commercial purposes. The categories of personal information we collect may include:

• Identifiers: Such as your name, email address, postal address, phone number, and unique identifiers like IP address and device IDs. This information allows us to recognize you, communicate with you, and offer personalized services.
• Personal Information Categories Listed in the California Customer Records Statute: Such as your name, contact details, and payment information. This data is necessary for transactions, customer support, and fulfilling your requests.
• Commercial Information: Such as records of services purchased, obtained, or considered, and other purchasing or consuming histories. This information helps us understand your preferences and provide better recommendations.
• Internet or Other Electronic Network Activity: Such as browsing history, search history, and interactions with our website. This helps us improve website performance, tailor your experience, and provide relevant content.
• Geolocation Data: Such as your general location based on your IP address. This allows us to optimize services based on your region and provide location-specific information.
• Professional or Employment-Related Information: Such as your company name and business contact information. We use this information to offer relevant business services and establish appropriate communications.

We may also collect other categories of personal information that you provide to us directly, such as information you provide when communicating with us. This additional information helps us address your needs more effectively and enhances the quality of our interactions.

3. Sources of Personal Information

We collect personal information directly from you, automatically through your interactions with our website, and from third parties such as marketing partners, analytics providers, and social media platforms. Understanding the different ways in which we collect information ensures transparency and builds trust.

• Direct Collection: We collect personal information when you create an account, request information, make a purchase, or communicate with us. Direct collection allows us to interact with you personally and respond to your specific needs.
• Automatic Collection: We collect certain information automatically when you visit our website, such as IP address, device type, and browsing behavior. This enables us to monitor website traffic, troubleshoot issues, and enhance your user experience.
• Third-Party Sources: We may receive information about you from third parties, such as advertising networks or analytics providers. This helps us improve our marketing efforts, measure campaign success, and provide targeted content based on your interests.

4. Use of Personal Information

We use personal information we collect for various business and commercial purposes, including but not limited to the following:

• Providing and Improving Services: To provide the services you request, fulfill orders, and improve our offerings. Our goal is to continuously enhance our services to better meet your needs and ensure your satisfaction.
• Communications: To communicate with you regarding your account, services, or respond to your inquiries. Effective communication helps us provide prompt support and ensures you have access to important information.
• Marketing and Advertising: To send you marketing communications, special offers, and advertisements tailored to your interests. Our marketing efforts are designed to provide you with information that we believe will be valuable and relevant to you. You can always opt out of receiving such communications.
• Analytics and Personalization: To analyze trends, monitor usage, and personalize your experience on our website. Analytics allow us to understand how our services are being used and to optimize our content and features for a more customized experience.
• Security and Fraud Prevention: To protect against and prevent fraud, unauthorized transactions, and other illegal activities. Maintaining the security and integrity of your information is a top priority, and we implement robust measures to safeguard your data.
• Legal Compliance: To comply with legal obligations, enforce our terms, and protect our legal rights. Ensuring compliance with applicable laws helps us maintain the trust and confidence of our users.

5. Sharing of Personal Information

We do not sell your personal information. However, we may disclose your personal information to third parties for business purposes, including:

• Service Providers: We share personal information with vendors and service providers who assist us in providing our services, such as payment processing, customer support, and marketing. These third parties are contractually bound to protect your information and only use it for the purposes specified by us.
• Legal Requirements: We may disclose personal information if required to do so by law or in response to valid legal processes, such as subpoenas or court orders. We are committed to cooperating with law enforcement and regulatory authorities to comply with our legal obligations.
• Business Transfers: In the event of a merger, acquisition, reorganization, or sale of assets, your personal information may be transferred to the new entity as part of the transaction. We will notify you of any such changes, and your personal information will remain subject to the commitments made in this Policy.

6. Your Rights Under the CCPA

California residents have specific rights regarding their personal information under the CCPA. These rights include:

• Right to Know: You have the right to request that we disclose the categories and specific pieces of personal information we have collected about you, the purposes for collecting that information, and the categories of third parties with whom we share it. This right empowers you to understand how your information is being used and shared.
• Right to Delete: You have the right to request that we delete any personal information we have collected from you, subject to certain exceptions. For example, we may retain information needed to provide services, comply with legal obligations, or for other lawful purposes. We will inform you if any such exceptions apply to your deletion request.
• Right to Opt-Out of Sale: We do not sell personal information. However, you have the right to direct businesses that do sell personal information to stop selling your personal information. Our commitment to not selling your information means we prioritize your privacy and respect your preferences.
• Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising your CCPA rights. We will not deny you services, charge different prices, or provide a different quality of services for exercising your rights under the CCPA. We are committed to ensuring that you receive fair and equal treatment.

7. Exercising Your Rights

To exercise your rights under the CCPA, please contact us using the contact information provided below. We will need to verify your identity before processing your request to ensure that your information is protected. You may be required to provide specific information to verify your identity, such as your name, email address, or other details associated with your interactions with us.

• Access Requests: You can request access to the personal information we have collected about you in the last 12 months, including the categories of information and the specific pieces of data. This allows you to review the information we have collected and understand how it is being used.
• Deletion Requests: You can request that we delete personal information we have collected from you, subject to certain exceptions. We will carefully review your request and delete your information unless retention is required for legal or business reasons.
• Submitting Requests: To submit a request, please contact us at the contact information provided below. We aim to respond to all requests within 45 days as required by law. If we need more time, we will inform you of the reason and extension period in writing. We are committed to providing timely responses and keeping you informed throughout the process.

8. Verification of Requests

For your security, we will verify your identity before processing any requests regarding your personal information. Verification may include matching information you provide with information we already have on file. If we cannot verify your identity, we may deny your request, and we will inform you of the reason for such denial. Our verification process ensures that your personal information is only shared or deleted at your direction, protecting you from unauthorized access.

9. Authorized Agents

You may designate an authorized agent to make a request under the CCPA on your behalf. To designate an agent, you must provide written authorization, and we may require you to verify your identity directly with us before accepting a request from your authorized agent. This added layer of security helps protect your information from misuse and ensures that any requests made on your behalf are legitimate.

10. Minors’ Privacy Rights

We do not knowingly collect personal information from minors under the age of 13 without parental consent. If you are a parent or guardian and believe we have collected information from a child under the age of 13, please contact us so we can take appropriate steps to delete such information. Protecting children’s privacy is of utmost importance to us, and we are committed to complying with all applicable child privacy regulations.

11. Changes to This Policy

We may update this Policy from time to time to reflect changes in our data practices or legal obligations. We will post the revised Policy on our website with an updated effective date. We encourage you to review this Policy periodically to stay informed about how we protect your personal information. Any changes made to this Policy will be communicated clearly, and your continued use of our services constitutes acceptance of those changes.

12. Contact Us

If you have any questions or concerns about this Policy, or if you would like to exercise your rights under California law, please contact us at:

MarketinGear, a Subsidiary of Relatones LLC
Email: hi@marketingear.com
Address: 4142 E Commerce Way, Suite 110 Sacramento, CA 95834

We value your privacy and are committed to ensuring that your rights are respected. Please feel free to reach out to us if you need any assistance or have questions regarding your privacy rights. Our team is available to provide further clarification and support to ensure your privacy needs are met.

13. Additional Information for California Residents

Under the California “Shine the Light” law, California residents who provide personal information to businesses with whom they have an established business relationship can request information about the personal information shared with third parties for their direct marketing purposes. To request this information, please contact us using the contact information provided above. We do not currently share personal information with third parties for their direct marketing purposes without your consent. We are committed to maintaining transparency about how your personal information is used and shared, and we prioritize obtaining your consent before sharing any data for marketing purposes.