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This Privacy Policy applies to Referrizer’s website (www.Referrizer.com) (the “Website”), to Referrizer’s app for mobile devices (the “Referrizer App”), to Referrizer’s tablets at Clients’ sites, and to information submitted or uploaded to Referrizer by an end user (e.g., through Facebook, other social media sites or otherwise) or uploaded to Referrizer by a Client (each, a “Referrizer Access Portal”). This Privacy Policy also applies to information gathered by Referrizer as end users use the Services, but it does not apply to any other services or websites that may be offered by Referrizer or a Client, or to any third party sites that may be accessible from the a Referrizer Access Portal or through the Services. Further, this Privacy Policy does not apply to Facebook1, Twitter, or any other third party sites through which the Services may be delivered. To understand how any third party treats your information (including your information related to the Services), you should contact such third party or read its privacy policy. We encourage you to read this entire Privacy Policy before using Referrizer’s Website or the Services, or submitting or uploading information through any Referrizer Access Portal.
Do not use the Website, the Referrizer App, any other Referrizer Access Portal or the Services if you are unwilling to accept the terms and conditions of this Privacy Policy. By using any of such Referrizer Access Portals or the Services, you agree to the terms of this Privacy Policy. When you submit information to Referrizer or use the Services, you consent to the collection, storage, use, and disclosure of that information in accordance with this Privacy Policy.
After reading this Privacy Policy, which is incorporated into and is a part of the Merchant Terms (the Referrizer Application Contract) and the User Terms of Service (“User Terms”), you will know:
From Clients and Prospective Clients. Referrizer actively collects information from Clients and prospective Clients who visit our Website or who become a Client by accepting the Merchant Terms, both (i) by permitting them to communicate directly with Referrizer through the Website, via email, or otherwise and (ii) when they sign up (on the Website or otherwise) to become a Referrizer Client. Some of the information that a Client submits that is required for such Client to register to become a Client could identify the Client and its officers, such as business name and address, credit card or bank information (for billing purposes), type of business, telephone number, email address, zip code and names of responsible officers or employees. We refer to such information as “Identifiable Business Information.” In addition, Client may be asked to answer additional questions that are optional (“Optional Information”).
We will inform Clients which questions are optional. If a Client does not submit the required information to sign up for Referrizer’s Services or does not accept the Merchant Terms or agree to operate in accordance with the User Terms and this Privacy Policy in connection with the Services, Client will not be able to use the Services.
When a Client uses Referrizer’s Services, Referrizer will collect information related to the Client’s business and customers, as described in the Merchant Terms, the related User Terms and this Privacy Policy.
From Consumers and Other End Users. Referrizer actively collects information from our visitors both by asking specific questions, by allowing you to upload information through other tools (such as Facebook Connect), and by permitting you to communicate directly with us through the Website, via email or otherwise. If you sign up to use the Services, via any Referrizer Access Portal, or if a Client signs you up for its Customer Connections Program, some of the information that you submit (directly or via an upload), or that is submitted for you by a Client, is required to register you to use the Services. Some of such information could identify you personally, such as your first and/or last name, telephone number, email address, zip code and birthdate. Such information is called “Personally Identifiable Information.” In addition, you may answer additional questions on the registration form that are optional, or a Client may submit such information for you (“Optional Information”). Such optional questions may include demographic information and/or additional Personally Identifiable Information, such as your name (if not previously provided), gender, financial information or other information.
You will be informed which information on the registration form is optional. If you do not submit the required registration information or a Client does not submit it for you, you will not be able to use the Services. If you do not answer optional questions, you still can use the Services, but you will not be able to earn rewards that may be awarded to people who answer the optional questions and we may not be able to tailor the Services as closely to your interests.
Referrizer and Client may offer you, directly or through Facebook, Twitter, other social media sites, or other third parties, the opportunity to participate in activities related to the Services, such as responding to surveys, entering a contest or sweepstakes, playing games or providing information to our customer service representatives. If you choose to participate in such activities (when offered) Referrizer or Clients may collect additional Personally Identifiable Information or other information from you.
When you visit the Website, the Referrizer App, use the Services, or participate in activities that are part of the Services, Referrizer and Clients may collect information related to such activities. Referrizer does not intentionally collect Personally Identifiable Information about you other than (i) such information that you provide us as described above, either directly through a Referrizer Access Portal or through permissions you authorize with social media sites which are used in conjunction with the Services (e.g., Facebook, Twitter and other sites), or (ii) information submitted to Referrizer for you by one or more Clients. Referrizer may, however, keep track of your responses to Offers, visits to and purchases from Clients and associate that information with your registration information, including your Personally Identifiable Information (see “Program Information Collection,” below).
Collection and use data through Google Login (OAuth): Referrizer collects the following personal information from Clients : Google Contacts
Sign up and Login with Google :
It is important to remind every Client that Referrizer do not retrieve any emails messages or documents from Client’s Google accounts. Referrizer only communicates with Google servers through the Gmail’s API (OAuth). Client can revoke access at any time. Contacts are retrieved only for synchronization purpose and are immediately hashed. For further information do not hesitate to contact us. Information gathered this way Referrizer use to:
As you navigate through the Website or the Referrizer App or use the Services, Referrizer may collect certain information passively (that is, information may be gathered without you actively providing the information) using various technologies and means, such as navigational data collection and geolocation data. Like most website operators, Referrizer, its advertisers and third party service providers may track IP addresses, use both session and persistent cookies, and assign Internet tags. Referrizer also automatically gathers information about the areas you visit on the Website and the Referrizer App and collects operational information about the technology you use, such as your browser, type of computer or mobile device, operating systems, Internet service provider and the domain names of the websites from which you linked to the Website or the Referrizer App and to which you go after viewing such sites. If you activate geolocation applications, Referrizer may have access to and store your geolocation information related to the Services.
In addition, when you visit the Website or the Referrizer App, Referrizer may store some information on your computer or mobile device. This information will be in the form of a cookie or similar file and will help us in many ways. For example, cookies allow us to tailor the Website, the Referrizer App and the Services or other offerings to you in a way that better matches your interests and preferences. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. Referrizer and its Clients do not collect Personally Identifiable Information automatically, but we may tie information collected automatically to your previously submitted Personally Identifiable Information.
The Website and the Referrizer App may contain electronic images known as web beacons—also referred to as single-pixel gifs—that permit Referrizer and/or its Clients to count users who have visited the Website or the Referrizer App and for other related statistics—(e.g., recording the popularity of certain Website or Referrizer App content and verifying system and server integrity). Web beacons are not used by Referrizer or Clients to access your Personally Identifiable Information; they are used solely to compile aggregated statistics concerning the use of the Website and the Referrizer App. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.
The reason Referrizer collects passive information is that it helps us understand which areas of the Website and the Referrizer App are most popular, which areas may require improvement and what technologies are being used by our visitors. This information helps Referrizer to update and improve the Website and the Referrizer App and our Services. Referrizer also uses this information for security purposes, to detect and to block security breaches and to provide you with a safer online environment.
Referrizer may also keep track of, and associate with your Personally Identifiable Information and Optional Information, activities you engage in offline that relate to the Services, such as which Offers you respond to (for example, by purchasing the goods or services that are the subject of the Offer) and loyalty rewards you earn from offline purchases. All of the information described in this paragraph is called “Client Participation Data.” Referrizer may use Client Participation Data for a number of purposes, including keeping track of rewards points (if offered by the Client), categorizing you with respect to your response to Offers and rewards programs of each Client, and marketing goods or services of Clients, Referrizer or third parties to you, as described in Section 2. Referrizer will offer you the option not to receive such marketing messages.
If Referrizer permits certain Clients with which (or by which) you are registered to do so, such Clients may also keep track of Client Participation Data and use it as described above, including marketing goods or services of Clients, Referrizer or third parties to you, as described in Section 2. Any Client given permission to use Client Participation Data will agree to offer you an option not to receive such marketing messages.
In addition to the foregoing, Referrizer will have access to information regarding your registration with and participation in the Offers and loyalty programs offered by all Clients for which, or by which, you are registered (“Program Participation Data”). Program Participation Data may be used by Referrizer to keep track of loyalty points that you have accrued with each Client Referrizer works with, which may allow you to check all of those programs you are enrolled in on one page of the Website. Referrizer may also use Program Participation Data for purposes such as categorizing you with respect to various merchants or types of merchants, Offers and loyalty programs and for sending you marketing messages for goods or services of Referrizer or other merchants or service providers. Program Participation Data may enable Referrizer to market third party goods and services to you, as described in Section 2. Referrizer will offer you the option not to receive such marketing messages. To do so, you should go to the Website and elect not to receive marketing messages.
Currently, the Referrizer Technology is hosted on the Website and the Referrizer App, and also on Facebook’s platform. In the future, the Referrizer Technology could be hosted on other social media or other locations. Depending on the choices you make when you register, Offers may be sent to you through Facebook, Twitter or other social media, and additional social media applications may in the future be included with our services (e.g., geolocation information). Information related to you, your use of the Referrizer Technology and the goods and services provided by Referrizer and Clients may be available to Facebook, Twitter and other third parties such as the operators of various social media or other sites.
The privacy policies of such social media and other sites, and sites that you may link to from the Referrizer Technology, are not under the control of Referrizer or Clients. Neither Referrizer nor any Client has any responsibility or liability for the use of your personal information by Facebook, Twitter, other social media companies or any other third parties. Referrizer and Clients are also not responsible for the collection, storage or use of your information by such third parties, for their privacy policies or for their security practices. If you would like information on any other party’s privacy policy, you should contact that party directly, and we encourage you to do so.
This Privacy Policy is applicable only to information you submit to Referrizer (directly or through uploads authorized by you), that is submitted to Referrizer for you by a Client, or that Referrizer collects from the Referrizer Technology or the Services. If you link from the Referrizer Technology or the Services to websites controlled by one or more Clients, you should be aware that your activities on those sites are subject to the separate privacy policies of the respective Clients applicable to those particular sites. If a Client does not maintain a website with a privacy policy, you should ask such Client about its privacy policies.
Referrizer may hire third parties to assist our marketing efforts by placing Referrizer ads on other websites or search engines. We may also use third parties to display ads of unrelated companies on the Website or any other Referrizer Access Portal. Such third party marketers or advertisers may use cookies to serve ads based on your prior visits to the Website and other sites. Referrizer does not have any control over such cookies. You may be able to modify your browser settings to decline such cookies. If you decline cookies that affect your use of the Website some features may not be available or may not operate properly. For example, if you access the Referrizer Services through Facebook, ads you may see framing the Services or presented in association with them are controlled by Facebook. You should review the Facebook Privacy Policy and/or contact Facebook for information regarding such advertising, including whether any such advertisements may solicit, or contain technology to collect, information about you.
Referrizer and the third parties will retain personal data collected for as long as required to do what we say we will in this policy, unless a longer retention period is required by law. Customers can delete their own content.
Except as otherwise stated, Referrizer may use information collected via any Referrizer Access Portal or the Services to improve the content of the Website and the Referrizer App, the Services (or similar or related services), to customize the Website and the Referrizer App to your preferences, to communicate information to you if you have requested it (such as your accrued rewards points), for our marketing and research purposes (including marketing other services provided by Referrizer, Clients or third parties), and for any other purpose specified in this Privacy Policy. You can opt out of receiving such marketing messages through the “Settings” tab in the Referrizer App and by choosing the opt-out option provided in email messages.
You provide Personally Identifiable Information when you register for the Services through any Referrizer Access Portal (for example, on the registration page or through an upload you authorize), and a Client may send Referrizer such information for you. Referrizer may combine any such information with Client Participation Data and/or Program Participation Data, as described in Section 1 under the heading “Program Information Collection.”
Referrizer may provide Personally Identifiable Information and Optional Information you have provided to Referrizer (directly or through an upload), or that has been submitted to Referrizer by a Client on your behalf, to certain Clients with which (or by which) you are registered, and that have been permitted such information access by Referrizer. When and if permitted by Referrizer, such Clients may use that information to send you messages, independently of the Services, about their goods and services and about the goods and services of other merchants. If you do not wish to receive such messages you may opt out of receiving them by choosing the opt-out option provided in such messages. All Clients granted such permission by Referrizer will agree not to provide your Personally Identifiable Information or Optional Information to third parties except as described in the next section.
Referrizer will not disclose Identifiable Business Information or Personally Identifiable Information provided by end users or Clients or that Referrizer collects in conjunction with the Services, to third parties (i.e., to parties other than Clients with which (or by which) an end user is registered) without consent, except as described below. Clients have also agreed to limit disclosure of end users’ Personally Identifiable Information to the following:
(A) to contractors or service providers Referrizer or a Client uses to support its business (such as programming, providing technical support, enhancing data usage, analyzing data and/or assisting with marketing, customer service and other administrative tasks), and only if Referrizer or the Client providing the information understands that such third parties will treat your personal information consistently with this Privacy Policy;
(B) in the event of a sale, merger, liquidation, dissolution, reorganization, assignment, or other transfer of stock or the business of a Client and/or Referrizer, respectively (“Sale of Business”). In the case of any Sale of Business, it is the obligation of the buyer to use the information of Clients and/or end users collected by Referrizer in accordance with this Privacy Policy. If the buyer changes this privacy policy it should do so only prospectively and after providing Clients and/or end users, as applicable, notice of the change;
(C) if required by law or in response to any judicial order, inquiry of any administrative agency; in response to a subpoena or an inquiry from law enforcement or governmental authorities; or
(D) if Referrizer or a Client believes the release of such information is necessary to protect the rights of Referrizer or the Client (including enforcing the Merchant Terms or User Terms) or to address or prevent illegal or harmful activity.
Other than as described above, Referrizer does not distribute Identifiable Business Information or Personally Identifiable Information to third parties, and Clients have agreed not to do so either. However, you understand that if you access the Services through Facebook or any other third party platforms, Facebook or the operator of such platforms will have access to your registration information and other information generated by your use of the Services, which may be aggregated with other information about you accessible to Facebook or the operator of such platforms, and may be stored and used by them, subject to the applicable privacy policy.
Neither any Client nor Referrizer will have any liability for disclosure of your information resulting from actions by Facebook or other social media companies or platforms, or from errors in transmission or the unauthorized intervention of third parties.
Referrizer may provide aggregate statistics or information about its customers, sales, trends, loyalty program usage, online traffic patterns, related information or other statistical de-identified or aggregated information to third parties, but these statistics or information will not include any Identifiable Business Information or Personally Identifiable Information (“Non-Identifying Information”). Non-Identifying Information collected about end users, Clients and prospective Clients is also used by Referrizer and/or third parties we contract with to troubleshoot, operate and improve the Website, the Referrizer App and other Referrizer Technology, to assist us with marketing or ad placement, to cooperate with law enforcement activities or legal orders, to protect our rights (including enforcing the Merchant Terms and User Terms) or to address or prevent illegal or harmful activity. In addition, Referrizer may use all information submitted by end users, Clients or prospective Clients or that Referrizer collects about any of the foregoing that is Non-Identifying Information in any way Referrizer deems useful, including publishing statistics such as those described above to promote Referrizer or its Services.
Referrizer may use information that end users provide or that Referrizer collects about end users from their use of the Services or related to the Referrizer Technology, including their response to Offers from Clients, their participation in the rewards programs of Clients (if any) and/or other information, to send end users marketing messages related to goods or services Referrizer believes will be of interest to them. Such goods or services may be offered by Referrizer, Clients, or other third parties. (See description in Section 1, under “Program Information Collection.”). Such marketing messages may be sent via email, mobile communications, Facebook, Twitter, other social media or otherwise, depending on how the end user has elected to receive Notes from various Clients. End users can opt out of receiving such marketing messages through the “Settings” tab in the Referrizer App and by choosing the opt-out option provided in email messages.
Referrizer strives to provide Clients, and Referrizer and Clients strive to provide end users, with choices regarding the information Clients and end users provide. Referrizer has created mechanisms to provide Clients and end users with the following control over their information:
(i) You may view and modify the Identifiable Business Information or Personally Identifiable Information and/or Optional Information you submitted through the a Referrizer Access Portal, or that was submitted to Referrizer on your behalf by a Client, as follows: If you are a Client, you may modify the information you submitted when you signed up to become a Client as described in the Merchant Terms. If you are a consumer or other end user, you may modify the information you submitted when you registered, or when a Client registered you, by going to the Website. If an end user wants to stop receiving all messages through the Services, the end user will need to delete the Referrizer App from his or her mobile device, visit each social media company through which the user chose to have the Services provided (e.g., Facebook, Twitter, etc.) and delete Referrizer from each such social media company, and choose the opt-out option provided in messages sent via email. To stop receiving Notes from a particular Client (or from Referrizer itself), end users should opt out of such messages through the “Settings” tab in the Referrizer App and choose the opt-out option provided in emailed messages sent by such Client (or, in the case of Referrizer, by Referrizer). Referrizer keeps track of end users’ transactions with Clients, as well as communications about Clients that end users makes through the Referrizer Technology (e.g., posting Offers to a Facebook page, sending Offers to friends). End users cannot delete information associated with such transactions and communications.
(ii) Marketing messages from Referrizer and, when and if permitted, Clients or third parties, will contain an option for the end user to choose not to receive such messages in the future.
(iii) If an end user does not wish Referrizer to collect cookies, he or she may set the browser to refuse cookies, or to alert the user when cookies are being sent. Please note that some parts of the Referrizer Services may then be inaccessible or may not function.
Referrizer works hard to protect the personal information of end users, using both technical and procedural methods to maintain the integrity and security of our databases. These include the use of SSL encryption, firewalls, administrative access level controls and employee training. End users should keep in mind, however, that no Internet transmission or data storage is ever completely secure or error-free. While Referrizer believes it uses commercially reasonable security procedures, it cannot guarantee the security of any information submitted by end users, Clients or prospective Clients, information gathered about end users or information stored by Referrizer.
Each Client has agreed to abide by this Privacy Policy. Referrizer is not responsible for Clients’ compliance with this Privacy Policy or for Clients’ security policies and practices. Each end user acknowledges and agrees that Referrizer has no responsibility or liability for the security policies or practices of any Client, or for any security breach of any Client’s systems or databases. Neither Referrizer nor any Client is responsible for the actions of any third party, including but not limited to Facebook, other social media sites or other sites, with whom information about you may be shared or who may otherwise obtain such information.
The safety and security of information of Clients and end users also depends on the user. Clients and end users should never share their Referrizer passwords, or any other password (including their Facebook passwords), with anyone else, and should notify Referrizer, Facebook or other relevant provider promptly if you believe your password security has been breached. Remember to log off of the Website and/or App before you leave your computer or mobile device.
The Website, Referrizer App or other sites through which end users may use the Services may contain links to other sites and/or resources over which Referrizer and Clients have no control. Referrizer and Clients make no representations or warranties with respect to the content, ownership, or legality of any such linked sites. Links to third party sites are provided solely as a convenience to end users and should not be construed as an affiliation with or endorsement by Referrizer or Clients of such third parties or any content, items, or services on third-party sites. Access and use of such other sites, including the content, items, or services on those sites, solely at the risk of the user, and neither Referrizer nor any Client has any responsibility or liability resulting from users’ access or use of such other sites. These linked sites may collect personal information from users when entering their site. Any such collecting of information is not subject to the control of Referrizer or any Client. To ensure protection of privacy, users should always review the privacy policies of the sites they visit when linking from the Website, the Referrizer App or any other site associated with the Services.
End users acknowledge and agree that neither Referrizer nor any Client has any responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.
The Website, the Referrizer App and the Services are not intended for children under the age of 13 and are not designed to attract anyone under the age of 13. Clients who use Referrizer’s Services may sell goods or services for children that are intended to be purchased by adults. Referrizer will not knowingly collect Personally Identifiable Information from site visitors under the age of 13, and Clients have agreed that they will not knowingly collect such information. Referrizer and Clients encourage parents to talk to their children, including children between the ages of 12 and 18, about their use of the Internet and the information they disclose online. If a child of any age has provided Referrizer with Personally Identifiable Information, and a parent or guardian of that child would like this information deleted from Referrizer’s records, such parent or guardian may contact Referrizer by going to the Website and clicking on the appropriate tab. Referrizer will then use reasonable efforts to delete the child’s information from our databases.
Referrizer, LLC enables our customers to communicate with their patients via email, SMS, and social media networks while adhering to HIPAA.
Referrizer, LLC protects the confidentiality of information it receives by complying with the requirements of the HIPAA Privacy Rule (pertaining to acquisition, storage, transfer and retention of PHI) and the HIPAA Security Rule (pertaining to all information acquired, maintained or transferred electronically).
As a “Business Associate” under HIPAA, Referrizer, LLC will:
We comply with all business associate obligations under HIPAA/HITECH, offering the highest level of service to our medical customers including those from dental, medical, and vision industries.
Our HIPAA-ready services include:
End users may be allowed to post public comments, including comments about Clients and their goods and services, on Client’s Facebook page or on other social media. Such capability is offered by Facebook or another social media company, and is subject to the privacy policy of Facebook or such other social media company. We encourage you to review such privacy policies before submitting any such comments. End users may also be allowed to post similar comments on the Website. Any messages posted in public access portions of Facebook, other social media sites or the Website may be read, saved, used and/or distributed by such social media companies, Referrizer, Clients and any other users of the sites. Any such postings may be re-posted by any of such users on other websites, used in blogs, etc., and may appear in web searches. Neither Referrizer nor any Client can control who views information so posted or what they do with it, so care should be used when sending any personal information to any public access site. Referrizer and Clients also cannot control and are not responsible for the accuracy, truthfulness or tastefulness of any information posted by other users on Facebook or other social media sites, on the Website or on any other public access site.
Questions, comments or concerns about this Privacy Policy or the information practices of this site, should be addressed to:
Referrizer LLC 7860 W Commercial Blvd #741 Lauderhill, FL 33351 954-271-1439 support@referrizer.com
or directly to the Client to which such questions, comments or concerns relate. Please review this Privacy Policy carefully. If you do not agree with this Privacy Policy, your ultimate choice is not to use the Services. Remember, by registering with Referrizer or using any part of the Services (whether you registered for them or a client registered you with Referrizer), you accept and agree to the privacy practices described in this Privacy Policy.
Clients agree that this Privacy Policy is incorporated by reference with the Merchant Terms. End users agree that that this Privacy Policy is incorporated by reference into the User Terms. By visiting the Website, using any of the Referrizer Access Portals, or using the Services (whether you registered for them or a client registered you with Referrizer), you accept that any dispute over privacy is subject to this Privacy Policy and the Merchant Terms or User Terms (as applicable), including but not limited to limitations on liability, disclaimers of damages, releases, waivers and application of the law of the State of Florida. If you have any concern about privacy issues, please contact Referrizer as directed above.
Referrizer and Clients reserve the right to update this Privacy Policy at any time. If this Privacy Policy is materially changed, the revised policy, or a notice that the policy has been revised, will be posted on the Referrizer Website and the Referrizer App. You are responsible for periodically reviewing the Privacy Policy, and should do so frequently, especially before you provide any Identifiable Business Information or Personally Identifiable Information. When Referrizer changes this Privacy Policy, we will also revise the “last updated” date at the end of this Privacy Policy. If Referrizer updates this Privacy Policy, continued use of the Services (following the posting of the revised Privacy Policy) means that you accept and agree to the terms of the revised Privacy Policy. Referrizer recommends that you periodically review this Privacy Policy.
This Privacy Policy was last updated on May 5, 2020.
1 Facebook and Twitter are registered trademarks of Facebook, Inc., and Twitter, Inc., respectively. Referrizer is not in any way affiliated with, partnered with, or endorsed by Facebook, Inc. or Twitter, Inc.
The Terms of Service (“Terms”) applies to all access to or use of the Referrizer websites, offerings, and services (collectively, “Services”). The Services are described in more detail in Section 3. Referrizer provides you with these Services subject to your acceptance, without any modifications of the Terms, as well as any other operating rules and policies that Referrizer publishes on its website, such as our privacy policies (collectively, the “Agreement”). By accessing one of our Services, you represent that you have reached the age of majority for where you live or that you have had a parent or legal guardian consent to be bound by these Terms.
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ONE OF REFERRIZER’S SERVICES, YOU ACCEPT THE TERMS OF THIS AGREEMENT AND IT BECOMES A LEGALLY BINDING COMMITMENT BETWEEN YOU AND REFERRIZER. IF YOU DO NOT AGREE WITH ANY PORTION OF THE AGREEMENT OR IF YOU DO NOT INTEND TO USE THE SERVICES IN ACCORDANCE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE ANY REFERRIZER SERVICE; YOU SHOULD LEAVE THIS WEBSITE IMMEDIATELY BY CLOSING YOUR INTERNET BROWSER WINDOW.
We reserve the right to change these Terms from time to time, and any revised Terms will supersede prior versions. Any updates to these Terms shall be posted on this website. You acknowledge your responsibility to review our Terms from time to time and to be aware of any such changes. By continuing to use any of the Referrizer Services after we post any such changes, you accept the revised Terms.
2.1. Definitions. In this Agreement, “we,” “us,” or “our” refers to Referrizer. “You,” “your,” and “Customer” refers to you personally, unless you are accessing or using our Services on behalf of an organization that does not have an existing contract with Referrizer that governs your actions. If the latter is the case, you are accepting the Terms for that organization and representing that you have the authority to bind the organization to the Terms; as such, “you,” “your,” and “Customer” will refer to the organization. If the organization already has a separate contract with Referrizer that covers your access and use of our Services, however, the contract will govern, as opposed to these Terms.
2.2. Affiliates. In this Agreement, an affiliate is an entity or person that controls a party, is controlled by a party, or is under common control with a party (such as a subsidiary, parent company, or employee). Each party to this Agreement will be responsible for the acts and omissions of their affiliates in connection with this Agreement.
When we refer to our Services in the Terms, we are referring to any of our platform services, including our programs, features, websites, account portals, and technical support. The Terms apply equally to any rebranded or white label version of Referrizer’s platform services.
Services described on the Referrizer Sites may or may not be available in all countries or regions of the world.
We transmit messages (through email and text) initiated by you or sent to you by others through different routes, and the level of reliability and support for special features varies according to the route. Referrizer is not responsible for the final delivery of any communication initiated through Referrizer’s Services.
While Referrizer shall use commercially reasonable efforts to transmit your messages to the applicable downstream network for final delivery to your designated recipients as fast as possible, we cannot guarantee a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages with a default lifetime and any message that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Referrizer is not liable for any loss incurred by the failure of a message to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Referrizer for any such non-deliveries. Furthermore, you agree that message contents are deemed to have zero value.
You are responsible for obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Services and for paying all access charges (e.g., Internet Service Provider, telecommunications) incurred while using the Services.
While our platform hosts some Customer data, the continued hosting and storage of your data is not guaranteed by us. Except as otherwise agreed between us in writing, we may occasionally delete your data, and we will not be liable for any damages, losses, or other consequences that you may incur as a result.
We may make additional features and products offered by third-parties (“Add-ons”) available on our Services. Your use of Add-ons available through our Services is subject to these Terms.
Before you can use our Services, you must first create an account and provide us with some basic information, such as your full name, telephone number, email address, and account password. All information that you provide about yourself while maintaining a Referrizer account must be accurate, complete, and current.
You are solely responsible for all use (whether authorized or not) of our Services under your account(s). You are also solely responsible for all access to and use of your account, and for all acts and omissions of anyone that has access to it. Additionally, you agree to notify Referrizer of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. We will not be liable for any loss or damage arising from unauthorized use of your account.
Any suspected fraudulent, abusive, or otherwise illegal activity related to our Services may be grounds for suspension or termination of your user account, in Referrizer’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
You agree to use the Referrizer Services in accordance with all applicable guidelines, as well as all state and federal laws that the Services are subject to. In order to confirm your compliance with these Terms, so as to ensure that Referrizer is complying with national and international laws, we may, from time to time, periodically check the messages that you send.
8.1. Compliance with the Law. You represent and warrant that the owners of the phone numbers you initiate messages to through the Referrizer Services have consented or otherwise opted-in to the receipt of such messages as required by any applicable law or regulation. You agree that you will adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if it is applicable to your messages.
You further agree that any individuals requesting opt-out status shall be immediately unsubscribed (if they haven’t done that by proposed means, established to be automated by Referrizer) and you further agree that you will not initiate any further messages to any individuals after they request opt-out status.
8.2. Agreement to Learn About and abide by the Relevant Laws. You agree to familiarize yourself with and comply with all applicable local, state, national, and international laws and regulations pertaining to your use of our Services. You are solely responsible for all acts or omissions that occur under your account, including, without limitation, the content of the messages that you create and initiate through our Services. The Telephone Consumer Protection Act (TCPA), Federal Trade Commission and Federal Communications Commission rules, the National DNC list registry rules, and various state laws, rules, and regulations place certain restrictions on text messaging. Without limiting the above stated, you agree to familiarize yourself with the legal requirements triggered by any messages, calls, broadcasts, and campaigns transmitted through the Referrizer Services by visiting the following websites:
Federal Trade Commission, https://www.ftc.gov
Federal Communications Commission, https://www.fcc.gov/
National Do Not Call (DNC) Registry, https://www.donotcall.gov
Referrizer does not interpret any laws, rules, or regulations. This information is provided solely as a courtesy, and it is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, and campaigns prior to using the Referrizer Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages and campaigns.
8.3. Prohibited Uses of Our Services. You accept that our Services are provided for professional use only, and you agree that your use of our Services shall not include:
Referrizer will not be liable for any misuse of the Services by you. You further agree that Referrizer is, under no circumstances, responsible for the contents and/or accuracy of your messages that Referrizer will only transmit them on a basis of good faith that you use the Services in accordance with these Terms.
The following is a list of prohibitions and limitations on your use of our Services.
9.1. Use for Emergency Services Prohibited. You will not attempt to use our Services to access or allow access to Emergency Services.
9.2. Reverse Engineering Our Software Prohibited. Except as allowed by applicable law, you will not reverse engineer, decompile, disassemble, derive, or otherwise create, attempt to create or derive, or assist anyone else to create or derive the source code of any software provided in connection with our Services.
9.3. Right to Reclaim Phone Numbers. We reserve the right to reclaim any phone number from your account and to return that number to the relevant numbering plan if your account is suspended for failure to pay or for suspected fraud, as well as if your free trial account is unutilized for more than thirty (30) days.
9.4. Referrizer Is Customer of Record. You acknowledge that Referrizer is the “customer of record” for all phone numbers provided as part of our Services. As the customer of record, we have certain rights with respect to porting phone numbers. You understand and agree that you may use the phone numbers provided as part of our Services subject to these Terms. Unless otherwise required by law, we reserve the right to refuse to allow you to port away any phone number in our sole discretion.
10.1. Confidential or Proprietary Information. You agree that any information or materials that you or individuals acting on your behalf provide to Referrizer (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary. Furthermore, except as otherwise required for your use of the Services as contemplated herein, you should not send any confidential or proprietary information to Referrizer via the Referrizer Sites or the email addresses referenced on the Referrizer Sites.
10.2. Your Rights in the Information. In connection with such information and materials, you warrant and represent to Referrizer that you have all rights, title, and interests necessary to provide such content to Referrizer and that your provision of the content to Referrizer does not infringe any third party’s proprietary or personal rights, including, but not limited to, any trademark, copyright, patent, or trade secret. By providing any such information or materials to Referrizer (other than information required for your use of the Services as contemplated herein), you grant to Referrizer an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials. You further agree that Referrizer is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Referrizer.
11.1. Updates. Any email addresses submitted when registering for a new account to use Referrizer Services are automatically added to the Referrizer database and used to send you updates. To unsubscribe from any Referrizer, please use the proposed link to do so or email support@referrizer.com from the email address you want unsubscribed and ask to unsubscribe.
11.2. Communications About Our Services. By creating an account with Referrizer, you agree that Referrizer may contact you via calls, text messages, or email to provide you with information about your account, transactions, and/or the Referrizer Services requested by you.
You agree to pay monthly subscription fee using your credit card or ACH Debit Authorization Form, as well as not to terminate your authorization for charges to credit card or ACH Authorization form until all fees are paid in full under the terms of this agreement unless mutually agreed upon by both parties.
You understand and accept that service will be interrupted should you become defaulted in paying fees after a 10 day grace period. You agree to bring all fees updated before service will resume.
Referrizer shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
13.1. Using Text Credits. Text Credits are paperless vouchers that are included in some Referrizer plans or are additionally purchased by you. They facilitate the transmission of the Referrizer Texting Services where 1 credit equals 1 text message (within the character limit provided). The amount of credits required for each transmission of our Services will depend on the length of the text (number of characters) and any special characters you use. The submission of a seemingly-valid message will cause an associated quantity of credits to be debited from your account, and you can obtain the real-time status of your account at any time through the online interface. Additionally, any variables you use, such as First Name, for example, will cause the variation in the character count and may impact the final number of credits used. The price of additional credits may change over time as the cost of transmission changes. The pricing information, however, will be made known through the Referrizer platform before you make a purchase.
13.2. Expiration of Credits. Credits purchased as a part of a package or monthly plan and not used within the month of purchase expire at the end of the month. Individual additional credits purchased through your account do not expire.
13.3. Right to Offer Customized Plans. Notwithstanding the above, we may, in our sole discretion, offer customized plans that provide for individualized terms concerning credit expiration, billing cycles, account maintenance fees, and other agreed-upon terms. We reserve the right to do so without publicly listing the pricing for these customized plans on our Sites.
You must notify us in writing if you dispute any portion of any fees paid or payable by you under this Agreement. You must provide that written notice to us within ninety (90) days of the applicable charge, and we will work together with you to promptly resolve the applicable dispute. If you do not provide us with this written notice of your fee dispute within this 90-day period, you will not be entitled to dispute any fees paid or payable by you.
Referrizer reserves the right to modify, suspend, or discontinue the offering of any of the Referrizer Services at any time and for any reason without prior notice. Further, while Referrizer utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, we cannot guarantee the security or integrity of the data and shall not be liable for breaches of security or integrity, third-party interception in transit, or any damage caused to your computer or other property by your use of the Referrizer Services.
You acknowledge that text messages are transmitted unencrypted and that eavesdropping of communications by third parties is possible. Referrizer recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.
Referrizer shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. Referrizer will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs); for any act or omission of a third party (including those vendors participating in Referrizer offerings made to you); for equipment that we do not furnish; or for damages that result from the operation of customer-provided systems, equipment, facilities, or services that are interconnected with the Service.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE REFERRIZER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS,REFERRIZER DOES NOT WARRANT THAT THE USE OF THE REFERRIZER SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED, TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., HACKING), NOR SHALL REFERRIZER BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. REFERRIZER ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OR THAT THE REFERRIZER SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS.
REFERRIZER SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE REFERRIZER SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT, SOFTWARE, OR DATA, REFERRIZER IS NOT RESPONSIBLE FOR THOSE COSTS. REFERRIZER’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE REFERRIZER SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO REFERRIZER HEREUNDER.
You warrant and represent to Referrizer that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder and that nothing contained in these Terms or in the performance of these obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules, and regulations with regard to your use of the Referrizer Services, including, without limitation, the TCPA, the Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing.
You agree to indemnify and hold harmless Referrizer and our affiliates, as well as each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers, and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs, and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements, and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Referrizer in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action based upon or arising out of your activities under these Terms or your acts or omissions in connection with any use by you, an account belonging to you, or a computer under your control, of the Referrizer Services. You acknowledge and agree to be held liable for any and all damages caused to Referrizer by you as a direct result of any violation of local, state, national, or international laws or regulations, including, but not limited to, those damages arising from your fraudulent, intentional, or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing, and/or services provided by Referrizer to you.
You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and in which we would otherwise subject to indemnification by you. You will also be liable to us for any costs and attorneys’ fees we incur to successfully establish or enforce our right to indemnification under this Section.
If you breach these Terms at any time, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any time and for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as one of our clients, your financial status, or the content of the messages or broadcasts originating from you.
Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and Referrizer shall have no obligation to you after any termination or cancellation of these Terms. Should such a termination take place when you still have credits in your account, you shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by Referrizer, including, without limitation, the payment of transfer duties, legal costs, third-party costs, and penalties.
The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of our Services.
You are free to terminate or cancel your use of the Services at any time.
18.1. Performance-based 30-Day Money-Back Guarantee
You have the right to receive a full refund if you submit a request at support@referrizer.com within 30 days of your first signup.
In order to receive a full refund, you must meet the following conditions: attend 2 onboarding sessions with a dedicated account manager; activate one reputation campaign, one win-back campaign, and one referral campaign; you need to have installed a Website Widget with an active Offer OR activated a Landing Page using Referrizer Builder.
If you find that Referrizer is not compatible with your business, simply submit a request within 30 days with all the following conditions, and we promise to refund you 100% of your purchase.
The Referrizer Sites may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Referrizer of the contents on such third-party websites. Referrizer is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
Referrizer cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Referrizer Sites, since these websites are owned and operated by independent third parties. Referrizer does not endorse any of the products/services, and Referrizer has not taken any steps to confirm the accuracy or reliability of any of the information contained on such third party websites.
Furthermore, Referrizer does not make any representations or warranties as to the strength of the security practices for storing any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. Referrizer strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Referrizer consents to your use of links to the Referrizer Sites that conform to the following requirements. The appearance, position, and other aspects of any link to the Referrizer Sites may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Referrizer nor be such as to damage or dilute the goodwill associated with the name and trademarks of Referrizer or its affiliates. Moreover, Referrizer reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
You are prohibited from violating or attempting to violate the security of the Referrizer Services and from using them to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Referrizer Services, host, or network, including, without limitation, by means of submitting a virus to, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Referrizer Sites; (d) sending unsolicited e-mail, including promotions and/or advertisements of products or services; or (e) forging any Referrizer packet header or any part of the header information in any e-mail, instant message, text message, or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. We may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting Referrizer Customers who are involved in such violations.
Referrizer shall not be liable for any failure or delay in performing our obligations hereunder, if such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, order of any governmental authority, or any other cause beyond the reasonable control of Referrizer. In addition, Referrizer shall be so excused in the event that it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of our Services.
This contract is governed and interpreted under the laws of the State of Florida.
This Agreement constitutes the entire Agreement between the parties and supersedes any previous agreements and there are no further items or provisions, either oral or otherwise.