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Terms of Use

BetterLocal Platform Subscription Terms and Conditions

TheseBetterLocal Platform Subscription Terms and Conditions (the "SubscriptionTerms") govern access and use of Butler/Till, Inc.’s (“Butler/Till”)BetterLocal platform (the “Platform”) and all services, features and options provided through or in connection with the Platform (collectively, the “Subscription”). Your access to and use of the Subscription are also subject to the BetterLocal Privacy Policy (https://betterlocal.com/legal#privacy-policy) and the BetterLocal Data Processing Addendum (https://betterlocal.com/legal#data-processing) at the end of these Subscription Terms.By accessing and using the Subscription, you, on behalf of yourself and/or your company (collectively, “You”), agree to these Subscription Terms.

1. GENERAL TERMS

Butler/Till owns and operates the Platform through which it supports media campaign strategy, planning, targeting, activation, optimization and reporting. The Subscription and its features are only available and may only be accessed by subscribers and/or users who have a paid Subscription and use their unique username and password. These Subscription Terms govern Your access and use of the Subscription.

2. OWNERSHIP OF SUBSCRIPTION AND ITS CONTENT

Butler/Till owns all right, title, and interest, including all intellectual property rights, in and to the Platform and the Subscription and any and all intellectual property provided to You in connection with Your use of the Subscription. As part of the Subscription, Butler/Till may receive certain aggregated or deidentified data, analytics, or reports collected, received, or derived in relation to the effectiveness and/or performance of the Subscription and related options (“Performance Data”). Butler/Till may use Performance Data: (i) to plan and manage how You use its Subscription; (ii) on an aggregated and anonymized basis to assess the effectiveness and performance of its Subscription; and/or (iii) for its internal business purposes. Butler/Till reserves the right to amend, change, alter, enhance, remove, or cease to provide access to the Subscription at any time, without prior notice to You.

Butler/Till shall retain all right, title and interest in and to its Confidential Information (defined below), ideas, concepts, processes, techniques, expertise and know-how, and any work product created by Butler/Till, including any intellectual property rights incorporated therein and the goodwill appurtenant thereto (the “Pre-existing Materials”). You agree that the Pre-existing Materials are and will be the sole property of Butler/Till and that any and all uses of such Pre-existing Materials shall inure to the benefit of Butler/Till. You agree to execute and deliver to Butler/Till, upon demand, all instruments which shall be necessary or proper to more fully effectuate the end purpose of this Section. You shall not register or attempt to register, or otherwise acquire rights in the Pre-existing Materials, any derivatives thereof, or any substantially similar or confusingly similar variations thereof, or assert any rights in them other than as specifically granted by these Subscription Terms. You further agree that it shall not, during the Term (defined below) or thereafter, attack the validity of any of the Pre-existing Materials. You shall not cause or permit any third party to take any of the foregoing actions.

3. TRADEMARKS

Butler/Till, Inc., owns any and all intellectual property rights arising out of, related to, or in any way connected with “Butler/Till”, “BetterLocal”, and the Butler/Till or BetterLocal logos, including, but not limited to, the beacon mark and “Butler/Till” logotype and the four pillars logomark and “BetterLocal” logotype (collectively, "Butler/Till Intellectual Property"). You cannot use the Butler/Till Intellectual Property without first obtaining Butler/Till’s specific written permission. Nothing regarding Your use of the Subscription shall be construed as granting a license or right to use the Butler/Till Intellectual Property without its permission.

4. NOTIFICATIONS AND PROMOTIONS

By providing Butler/Till with Your email and/or other contact information, You agree to receive all notifications regarding Your use of the Subscription and any enhanced or new options available via Butler/Till. Butler/Till values Your privacy. Neither Butler/Till nor its affiliates will sell or rent Your contact information to any third parties. View the BetterLocal Privacy Policy (https://betterlocal.com/legal#privacy-policy).

5. AVAILABILITY

Butler/Till will provide the Subscription 24/7 with an uptime of 99%, excluding regular maintenance and downtime caused by factors outside of Butler/Till’s reasonable control, including, but not limited to, a Force Majeure Event, Internet services availability, outages of third party connections or utilities, and Your actions or inactions. Butler/Till shall provide technical support for the Subscription as reasonably requested by You and will use commercially reasonable efforts to respond to support requests within 2 business days of Butler/Till’s receipt. Butler/Till shall obtain and maintain the computer hardware and software necessary to perform its obligations under the Subscription Terms. Such hardware and software shall not be dedicated hardware or software. Nothing in the Subscription Terms grants You or any other person, any right, title or interest in or to Butler/Till’s hardware, software or any database or content stored thereon.

6. THIRD-PARTY LINKS

Your use of the Subscription may contain links to third-party Websites. Such other Websites are not owned, operated or controlled by Butler/Till. You agree that Butler/Till is not responsible for the content or functionality contained on any such third-party Website and that You waive any and all claims against Butler/Till as to any loss incurred as the result of Your access or use of such third-party Website.

7. SUBSCRIPTION USER OBLIGATIONS

• Your Obligations
  You must comply with Your obligations under these Subscription Terms and any other agreement with Butler/Till. If You do not comply with any obligation under these Subscription Terms or other agreement with Butler/Till, Butler/Till, in its sole discretion, may terminate Your and/or Your Company’s use of the Your Subscription.
• Subscription Duration
  All Subscriptions are for a limited period of time ("Term"). The Term may vary depending on the nature of the Subscription and available options to be provided by Butler/Till. Generally, the Term of a Subscription is one year (12 months) unless a different term is stated in an applicable Subscription Agreement between Butler/Till and Subscription holder, in which case that term will apply. Unless otherwise noted in writing, Your use of the Subscription commences on the day that You pay the initial payment due for Your subscribed media plan. Your use of the Subscription ends upon expiration of its Term or if terminated in accordance with these Subscription Terms. Subscriptions are non-cancellable during the applicable Term. You will be required to make all payments due regarding Your subscribed media plan during the Term of the Subscription. After expiration of Your subscribed media plan, You may establish a new media plan under the Subscription Terms, and the then-current fees, in accordance with the Subscription Agreement then in effect, if applicable.

• Subscription Termination
  Your access to and/or receipt or use of the Subscription may be suspended or terminated at Butler/Till’s sole discretion, upon any of the following occurrences:

  • The Subscription holder’s failure to pay Subscription fees, dues or expenses as due under the Subscription Terms; or
  • Your breach of any provision in these Subscription Terms; or
  • Expiration of your Subscription.
  Upon termination or expiration of the Subscription, the media plan optioned by You via Your use of the Subscription shall be immediately terminated by Butler/Till. You agree that termination or expiration does not relieve You of Your obligation to pay all fees that are or may become due under Your agreements with Butler/Till.

8. BUTLER/TILL’S GRANT OF LIMITED LICENSE

• Subscription License
  Subject to Your acceptance of, and compliance with, the Subscription Terms, Butler/Till hereby grants a non-exclusive, non-transferable, non-sublicenseable limited license to You to access, view, option and view metrics specific to the Subscription and Your subscribed media plan for Your internal use during the Duration. Use of the Subscription is strictly limited to such access or services provided under Your applicable paid Subscription.

• Limitation Of License
  You may not, under any circumstances, do any of following:

  • You may not (i) copy, modify, or create derivative works of the Platform, Subscription or documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available to any third party, the Platform, Subscription or documentation, or any party thereof, including any data, information, metrics or other reporting, contained therein; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Platform or Subscription, in whole or in part; (iv) remove any proprietary notices from the Platform, Subscription or documentation; or (v) use the Platform, Subscription or documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
  • You may not use the names Butler/Till, Butler/Till, Inc., BetterLocal, or any Butler/Till Intellectual Property for Your own or third party's promotional purposes;
  • You may not include the name Butler/Till, Butler/Till, Inc., BetterLocal, or any Butler/Till Intellectual Property in any promotional products unless such use is specifically pre-approved by Butler/Till in writing;
  • You may not participate in any activity deemed by Butler/Till, in its sole and absolute discretion, to be unacceptable or in violation of the terms of the Subscription Terms or any other agreement with Butler/Till; or
  • You may not participate in any activity that may be construed as damaging, detrimental, or competitive to Butler/Till, or the Subscription.

9. SUBSCRIBER'S CONTENT

You may subscribe to certain marketing options that may enable or require You to provide content so that Butler/Till may market on Your behalf by digital, email, publication, mailing or other marketing channels. In order to benefit from such marketing campaign options, You agree that You must deliver to Butler/Till the content ("Submitted Content") that You wish for Butler/Till to market within the timeframe specified by Butler/Till to permit marketing by the desired campaign launch date. All Subscriber Content is subject to Butler/Till’s approval before marketing by Butler/Till. Butler/Till reserves the right, at its sole discretion, to reject any Subscriber Content that advertises or promotes any product or service, including, but not limited to, any Subscriber Content that, in Butler/Till’s opinion, advertises or promotes illegal activity, illegal products, illegal product paraphernalia, sexual paraphernalia, adult films or other media, weapons, illicit activities, chain letters, pyramid fund raising, or similar types of material. Notwithstanding Butler/Till’s reservation of this right, Butler/Till has no responsibility to and is not liable to You or any person or entity for its marketing of the Submitted Content or refusal to market the Subscriber Content whether or not it is later determined to be illegal or objectionable.

10. FEES

Unless otherwise agreed to in a separate written agreement signed by Butler/Till, You agree to pay the subscription fee and/or the subscribed media plan fees (“Fee(s)”) set forth in the Platform, in full, for all marketing option(s) that You select at the time that You subscribe for Your media plan. Payment must be made by You prior to launch of Your subscribed media plan.

Your Fee(s) may be subject to certain federal, state or local taxes, which are not included and may be in addition to Your Fee(s). In all circumstances, where Butler/Till is required by law to collect such taxes from You, it shall do so.

Fees are not refundable or cancelable under any circumstance. You agree that You will pay all Fees, and applicable taxes, including if Your access to and/or receipt or use of the Subscription expires or is terminated as provided in these Subscription Terms.

Any Fee or portion thereof that remains unpaid 30 days after it is due, shall accrue interest at a rate of 1.5% per month (18% per annum) or the maximum rate allowed by law, if lower. If any portion of the Fee is not paid when due or if payment is returned or dishonored by the financial institution to which the payment was presented, You agree that You shall immediately pay, in full, the entire outstanding balance due and shall reimburse Butler/Till for any cost or fee associated with or resulting from Your non-payment. You authorize Butler/Till to charge Your account for any fee incurred due to a dishonored payment or Your violation of the Subscription Terms or other agreement between You and Butler/Till. Failure to pay upon request, or if payment is declined, shall result in immediate suspension of Your subscribed media plan(s). Failure to pay any outstanding balance may result in legal action against You and any person who is presumed to have had access to the account, including, but not limited to, assignment of the account to a collections agency or pursuing other methods of collection.

The foregoing rights by Butler/Till are without waiver of any further rights that Butler/Till may have at equity or law.

11. CONTENT

As a condition of Your submission to Butler/Till of Submitted Content and/or any comment, blog post, copy or art of any description that You provide to Butler/Till for possible publication or dissemination by Butler/Till ("Offered Content" and together with Submitted Content, “Subscriber Content”), You hereby warrant, promise and agree that:

• You own or have all necessary licenses, rights, consents, and permissions to use and to authorize Butler/Till to use the Subscriber Content, including, but not limited to, any necessary patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights in the Subscriber Content;
• You have the written consent, release, and/or permission of each and every identifiable individual person in the Subscriber Content to use and to authorize Butler/Till to use the name or likeness of each and every such identifiable individual person in the Subscriber Content;
• By submitting the Subscriber Content to Butler/Till, You agree to be bound by all terms set forth in these Subscription Terms or in any other agreement between You and Butler/Till;
• You have the right to, and hereby, grant to Butler/Till a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submitted Content solely for the purpose and to the extent necessary for Butler/Till and/or Butler/Till, Inc. to provide the Subscription to You and perform the Platform options, as applicable.
• You have the right to, and hereby, grant to Butler/Till a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Offered Content in any media formats and through any media channels, solely for the purpose and to the extent necessary for Butler/Till and/or Butler/Till, Inc. to promote and market their Subscription . Any sublicense by Butler/Till for the purpose of promoting and marketing shall be strictly limited to an affiliated entity of Butler/Till such as Butler/Till, Inc. or successor company with common ownership as Butler/Till for promotional and marketing purposes only and not for sale or to profit from the Offered Content in connection with such sublicense as granted herein; and
• You hereby agree to indemnify and hold harmless Butler/Till from any and all claims of whatever nature that may arise from, in connection with, or be related to, the Subscriber Content, including, but not limited to, any claim that You made an impermissible use of the Subscriber Content, did not have the necessary licenses, permissions or releases to the Subscriber Content or lacked the requisite authority to grant Butler/Till permission or license as to the use of the Subscriber Content as provided for above. You do not agree and shall not be responsible to indemnify and hold Butler/Till nor its affiliated entities for any negligent acts or omissions of Butler/Till unrelated to the truth, veracity, content of the offered content and authority by You to use and grant the licenses in connection with the Subscriber Content as set forth herein.

12. SUBSCRIPTION USER/SUBSCRIBER WARRANTIES

You agree that You will not, under any circumstances, use the Subscription provided by Butler/Till to do the following:

• You will not make available any material that is protected by another's copyright, trademark, trade secret, or other intellectual property right, or is otherwise subject to third-party proprietary, privacy or publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Butler/Till all required license rights.
• You will not make available any material that is false, misleading, harmful, abusive, tortious, vulgar, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or sexually or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;
• You will not cause harm, of any type, to minors;
• You will not submit materials or solicitations of business other than advertisements or solicitations of business reasonably necessary to use the marketing services for its Intended Purpose;
• You will not intentionally or unintentionally violate or aid others in the violation of any applicable local, state, national or international law or regulation;
• You will not impersonate any person or entity, including, but not limited to, Butler/Till’s officials, employees, consultants, or otherwise misrepresent Your affiliation with any person or entity;
• You will not make available any material that You are prohibited from disclosing as a result of Your contractual or fiduciary relationship with another individual or entity or as a matter of law or regulation;
• You will not make available or distribute any materials, computer code or "malware" that facilitates hacking, or that is intended to interfere with or destroy the functionality of any website, computer software, hardware or telecommunications equipment or to interfere with the performance or functionality of the Platform or any other website, including, but not limited to, software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information, any other form of improper or illegal malware now known or that may be developed in the future.
• You will not access the Subscription after Your access or subscription has expired or been terminated by Butler/Till for any reason; and
• You will not make available any materials, or act in any manner that is offensive to the Butler/Till community or the spirit of these Subscription Terms.

You agree that Butler/Till may reject any materials Submitted by You, and/or terminate any and all of Your access to and/or receipt or use of the Subscription or other agreements between You and Butler/Till, if Butler/Till, in its sole discretion, determines that You have taken actions in violation of these Subscription Terms and/or any other agreement between You and Butler/Till. You understand that in the event of termination for any reason, You will not be entitled to a refund of the Fee(s) and, if applicable, will be required to make all periodic payments that remain outstanding at the time of the termination. You understand and agree that Butler/Till may access, preserve and disclose Your Subscription account information if Butler/Till determines that it is necessary to do so in order to respond to or comply with applicable laws, court orders, complaints or allegations regarding a violation of these Subscription Terms, or to protect the legal rights, property or personal safety of Butler/Till, its subscribers and clients, and the public at large.

13. MEDIA BUY

You expressly authorize Butler/Till to act as Your (and, for the avoidance of doubt, Your company’s) agent as follows. Butler/Till may, in its capacity as an agent for You and Your company, enter into, and execute, agreements with third party vendors (“Media Vendors”), on Your behalf, for the purchase of media (including placements, data, production, or distribution services) for marketing Your and Your company’s products and services. Butler/Till is hereby authorized to enter into agreements on behalf of You and/or Your company containing terms equivalent or substantially similar to the industry standard terms and conditions.

14. DISCLAIMERS AND LIMITATIONS OF WARRANTIES

Butler/Till uses reasonable efforts to provide the Subscription. You acknowledge that the results of any marketing efforts depend on innumerable factors and market variables that are outside of Butler/Till’s control. The Subscription is intended to only assist You in meeting marketing goals and You acknowledge that final results may vary.

BUTLER/TILL DOES NOT GUARANTEE RESULTS. THE PLATFORM AND THE SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO ALL RELATED SERVICES, MARKETING, MATERIALS AND CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS”. ACCORDINGLY, BUTLER/TILL EXCLUDES AND DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A GENERAL OR PARTICULAR PURPOSE. BUTLER/TILL IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, THE SUBSCRIPTION, ITS CONTENT AND/OR THE DATA OR SERVICES PROVIDED IN CONNECTION THEREWITH. THE PLATFORM AND SUBSCRIPTION FUNCTIONS, OR THE MATERIALS AND CONDUCT AVAILABLE IN CONNECTION THEREWITH ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO ANY OF YOUR AUTHORIZED USER’S AND/OR YOUR USE OF THE PLATFORM AND THE SUBSCRIPTION AND ITS ASSOCIATED MATERIALS, INCLUDING BUTLER/TILL’S WEBSITE(S) OR RELATED SERVICES.

15. LIMITATION OF LIABILITY

TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUTLER/TILL AND ITS AFFILIATES AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR CONTRACTORS BE LIABLE FOR LOSS OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS, DAMAGE OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES. BUTLER/TILL SHALL NOT BE LIABLE, (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO THESE SUBSCRIPTION TERMS. IT IS AGREED THAT SHOULD ANY LIABILITY ON THE PART OF BUTLER/TILL BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE, IT IS AGREED THAT IN NO EVENT MAY YOU, INCLUDING YOUR COMPANY AND RELATED USERS, COLLECTIVELY RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE OF FEES PAID TO BUTLER/TILL FOR THE THEN CURRENT SUBSCRIPTION, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS.

16. INDEMNIFICATION

You shall indemnify, defend, and hold harmless Butler/Till (including its affiliates, subsidiaries, parent, officers, directions, and employees) from and against all claims, actions, liabilities, losses, damages and expenses, including reasonable attorney’s fees (collectively, “Claims”) arising out of or alleging Your (and, for the avoidance of doubt, Your company’s) (a) negligence or willful misconduct, (b) breach of its obligations under these Subscription Terms; (c) violation of any applicable laws; or (d) Subscriber Content infringes, misappropriates, or violates any third party’s rights, including intellectual property rights.

17. CONFIDENTIAL INFORMATION

“Confidential Information” means any confidential, proprietary, technical or business related information disclosed to one party (“Receiving Party”) by the other party (“Disclosing Party”), either directly or indirectly, whether in oral, written, visual, electronic or other form, whether or not designated as confidential, which should reasonably be understood by the Receiving Party, due to the circumstances of disclosure, or due to the nature of the Information, to be proprietary or confidential, other than information that can be established (a) was publicly known and made generally available in the public domain prior to the time of disclosure; (b) becomes publicly known and made generally available after disclosure other than through action or inaction of the Receiving Party; (c) received at any time from any third party without breach of a nondisclosure obligation; or (d) shown through proper documentation (i) to have been developed independently by Receiving Party without access to Confidential Information of the Disclosing Party or (ii) to have been known to the Receiving Party prior to its disclosure by the Disclosing Party or (iii) is already known to the Receiving Party, having been disclosed to the Receiving Party by a third party without such third party having an obligation of confidentiality to the Disclosing Party. The Receiving Party shall immediately notify the Disclosing Party upon discovery of any potential unauthorized disclosure of the Disclosing Party’s Confidential Information. Only with written permission of Butler/Till may media plans and/or rates provided to You hereunder be made public or given to other advertising/media companies or buying services. The Receiving Party (i) shall not use any of the Disclosing Party’s Confidential Information for any purpose whatsoever except to fulfill its obligations hereunder, and (ii) shall only be disclosed within the Receiving Party's organization, on a “need-to-know” basis to employees or contractors (“Personnel”) who are bound by a confidentiality agreement, and who have been apprised of its confidential nature and (iii) shall not be further disclosed to any third party outside of Receiving Party's organization without the Disclosing Party's prior written consent and under an agreement by the third party to be bound by obligations of confidentiality no less restrictive than this provision. The Receiving Party shall be liable for any unauthorized disclosures or other breaches of the obligations hereunder by its Personnel. It is hereby understood and agreed that damages may be an inadequate remedy in the event of a breach of these Subscription Terms, and that any breach will cause the other Party irreparable harm and damage. Accordingly, the Parties agree that in the event of a breach or anticipatory breach of this clause by either Party, the other Party shall be entitled to injunctive and other equitable relief, without waiving any additional rights or remedies available at law or in equity or by statute. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information. The confidentiality obligations of each party hereunder shall survive termination or expiration of the Subscription.

18. MISCELLANEOUS

• Governing Law. These Subscription Terms, and any disputes between You and Butler/Till shall be construed and interpreted according to the laws of the State of New York, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the federal and state courts located in Monroe County, New York with respect to any dispute hereunder. 
• Force Majeure. Except for payment obligations hereunder, neither You nor Butler/Till shall be liable for any delays in performance hereunder due to circumstances beyond its control including, but not limited to, acts of nature, acts of governments, health crises or pandemics, delays in transportation, and delays in delivery or inability of suppliers to deliver (a “Force Majeure Event”). In the event of any failure or delay caused by a Force Majeure Event, the impacted party shall give prompt written notice to other party stating the period of time the occurrence is expected to continue and use commercially reasonable efforts to end the failure or delay and minimize the effects of such Force Majeure Event.
• Specific Performance. You acknowledge that a breach of these Subscription Terms or other agreement between You and Butler/Till will cause irreparable injury and that money damages may be inadequate to remedy the injury to Butler/Till. Therefore, in the event of a breach or threatened breach, Butler/Till will be entitled to equitable relief, including injunctive relief and specific performance, without the posting of a bond or other security, and without proof of actual damages.
• Updates. Butler/Till reserves the right to modify, update, add, delete, revise and change these Subscription Terms at any time. Such changes are effective, and You agree to be bound by such changes, when You enroll in selected marketing options or access or use the Subscription after such changes have been posted on the Platform or Butler/Till’s website(s) or communicated to You by Butler/Till via email, chat, or other notification.
• Severability of Provisions. If any provision of the Subscription Terms is determined to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect to the extent that performance of the remaining terms is not rendered impossible.
• Notices. We may deliver to You any required disclosures, policies, and other notices concerning the Subscription by email or other electronic means, including the Platform. By accessing or using the Subscription, You acknowledge that You have read, understood and agree to be bound by any such disclosures, policies, and other notices.
• Non-Assignment. You agree that You may not assign or transfer Your rights or obligations under these Subscription Terms or any agreement between You and Butler/Till without the prior, written consent of Butler/Till.
• Headings. The descriptive headings of the sections and subsections of the Subscription Terms are for convenience only and do not affect the interpretation or construction of the Subscription Terms.

Data Processing Addendum

This Data Processing Addendum (“DPA”) forms part of the agreement between (i) Butler/Till, Inc. (“VENDOR”) and (ii) You (“COMPANY”) regarding Your access to and use of the Platform and the Subscription and is incorporated into the Subscription Terms (or, if applicable, the separate written agreement signed by You or Your Company and Butler/Till),. VENDOR and COMPANY may be referred to herein collectively as the “PARTIES” or, individually, as a “PARTY.” If there is any inconsistency between the terms of this DPA and the Subscription Terms (or, if applicable, the separate written agreement signed by You or Your Company and Butler/Till) relating to data protection or Personal Data, the terms of this DPA shall prevail. 

1. DEFINITIONS

   1. “Data Subject” means a living individual who is the subject of any of the Personal Data.
   2. “Data Privacy Legislation” means all laws and regulations either currently in effect or which will become effective during the term of the Subscription, in any country or jurisdiction of the world, which protect the privacy rights of individuals, in so far as those laws and regulations apply to the Processing of Personal Data in connection with this DPA, including, without limitation, the California Consumer Privacy Act (as amended by the California Privacy Rights Act) and the European Union General Data Protection Regulation.
   3. “Deidentified Data” means data that cannot reasonably be linked to an identified individual or identifiable individual. 
   4. “Personal Data Security Breach” means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, access to, acquisition of, or use of any Personal Data.
   5. “Personal Data” means (a) any information that VENDOR has received or collected for Processing from You that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to a particular consumer or household, or (b) any information that is defined as “personal data” or “personal information” by applicable Data Privacy Legislation.
   6. “Process” or “Processing” means any operation or set of operations performed upon Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, or destruction.
   7. “Sensitive Personal Data” means: (a) social security, driver’s license, state identification card, or passport number; (b) account login, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (c) precise geolocation; (d) racial or ethnic origin, religious or philosophical beliefs, union membership, citizenship or immigration status; (e) contents of mail, email, and text messages, unless the business is the intended recipient of the communication; (f) genetic data; (g) Processing of biometric information for the purpose of uniquely identifying a Data Subject; (h) information collected and analyzed concerning mental or physical health or medical treatment or diagnosis; (i) information concerning sex life or sexual orientation; (j) information collected from children; or (k) any information defined as “sensitive personal information” or “sensitive personal data” under applicable Data Privacy Legislation.

2. OWNERSHIP

   Each Party hereby acknowledges and agrees that COMPANY owns all rights, title, and interest in and to the Personal Data which is Processed by VENDOR on behalf of COMPANY.

3. DATA PRIVACY

   VENDOR hereby certifies that it will:

   1. Comply with Data Privacy Legislation and use all reasonable endeavors to assist COMPANY in its own compliance with Data Privacy Legislation, in connection with this DPA. This includes that VENDOR will: (a) provide notice to, and obtain consent from, Data Subjects as appropriate, and in compliance with Data Privacy Legislation; (b) reasonably assist COMPANY in meeting its obligations in relation to the security of Personal Data; and (c) assist COMPANY with privacy impact assessments and data protection assessments;
   2. Inform COMPANY in writing, without undue delay, if one of COMPANY’s instructions or assertions of rights under this DPA infringe applicable Data Privacy Legislation. Details regarding the Processing are in Exhibit A attached to this DPA as required by Data Privacy Legislation;
   3. Not intentionally do, or cause or permit to be done, anything in relation to the information provided to or Processed by VENDOR which may result in a breach by COMPANY of any applicable laws, regulations, regulatory requirements, or Data Privacy Legislation;
   4. Only Process the Personal Data in accordance with COMPANY’s documented instructions, which may be specific instructions or standing instructions of general application in relation to the performance of VENDOR’s obligations under this DPA, unless otherwise required by law. In particular, VENDOR shall not: (a) “sell” the Personal Data or “share” the Personal Data, as those terms are defined in the Data Privacy Legislation, with any third parties without COMPANY’s permission; (b) retain, use, or disclose the Personal Data for any purpose other than the purposes specified in the DPA and the Subscription Terms (or, if applicable, theseparate written agreement signed by You or Your Company and Butler/Till), including retaining, using or disclosing the Personal Data for a commercial purpose other than to provide VENDOR’s services to COMPANY; (c) retain, use or disclose the Personal Data outside of VENDOR’s direct business relationship with COMPANY; and (d) combine the Personal Data with information received from or on behalf of another person or entity, or the Personal Data that VENDOR collects from its own interactions with Data Subjects;
   5. Implement and maintain measures to ensure that access to Personal Data is limited to employees who have a need to access the Personal Data for the purposes of the DPA and the Subscription Terms (or, if applicable, theseparate written agreement signed by You or Your Company and Butler/Till). VENDOR shall use reasonable best efforts to ensure that any employees who have access to Personal Data: (a) do not Process the Personal Data except on instructions from COMPANY, unless required to do so by law; (b) are subject to confidentiality undertakings or professional or statutory obligations of confidentiality; and (c) comply with applicable Data Privacy Legislation in the context of that individual’s duties to COMPANY;
   6. Not subcontract to a subprocessor any of VENDOR’s duties under this DPA unless: (a) VENDOR has obtained prior express agreement in writing from COMPANY; (b) the subprocessor is subject to a written agreement which imposes on the subprocessor the same obligations that are imposed on VENDOR under this DPA, and (c) VENDOR has carefully chosen the subprocessor under consideration of the appropriateness of the technical and organizational security measures taken by the subprocessor. COMPANY may object to the engagement of a new subprocessor. If COMPANY objects, the Parties shall work together in good faith to agree on a reasonable solution, which may include termination of this DPA without penalty. Any consent which COMPANY gives pursuant to this clause or this DPA generally for subprocessing will not relieve VENDOR from any liability for the performance of its obligations under this DPA or for the performance of its subprocessors;
   7. Comply with all reasonable requests or directions by COMPANY to enable it to verify and/or procure that VENDOR is in full compliance with its obligations under Data Privacy Legislation and this DPA;
   8. Upon termination of its provision of services, delete or return all Personal Data to COMPANY and delete any existing copies of the Personal Data, save where applicable law requires VENDOR to retain copies of such data;
   9. Take reasonable measures to ensure that any Deidentified Data VENDOR receives from COMPANY cannot be associated with a Data Subject and VENDOR shall publicly commit to maintain and use the Deidentified Data only in deidentified form, and in compliance with Data Privacy Legislation, and not attempt to reidentify any Deidentified Data;
   10. Immediately notify COMPANY after VENDOR makes a determination that it can no longer meet its obligations under this DPA.

4. SECURITY

   VENDOR hereby certifies that it will:

   1. Implement and maintain reasonable physical, technical and organizational data security measures to ensure the security, confidentiality, and integrity of all data, including Personal Data Processed pursuant to the terms hereunder, taking into account the nature and sensitivity of the information to be protected and the risk presented by Processing, in compliance with Data Privacy Legislation;
   2. Make available to COMPANY all information necessary to demonstrate compliance with this DPA, and comply with all reasonable requests or directions by COMPANY to enable COMPANY to verify and/or procure that VENDOR is in full compliance with VENDOR’s obligations under this DPA. Reasonable and appropriate steps may include ongoing manual reviews and automated scans, and regular internal or third-party assessments, audits, or other technical and operational testing, including audits or assessments of any of VENDOR’s agents or subprocessors to whom VENDOR has been permitted to disclose the Personal Data, with such audits to occur at least once every twelve months.Where permitted under applicable Data Privacy Legislation, VENDOR may alternatively arrange for a qualified and independent assessor to conduct an assessment of VENDOR’s policies and physical, technical and organizational measures using an appropriate and accepted control standard or framework and assessment procedure for such assessments. VENDOR shall provide a report of such assessment to COMPANY upon written request;
   3. Notify COMPANY, without undue delay, if VENDOR knows, discovers or reasonably believes that there has been, or may have been, any Personal Data Security Breach;
   4. In the event of a Personal Data Security Breach, (a) investigate, correct, mitigate, remediate and otherwise respond to the Personal Data Security Breach, including by identifying Personal Data actually or potentially affected by the Personal Data Security Breach and taking sufficient steps to prevent the continuation and recurrence of the Personal Data Security Breach; (b) provide information and reasonable assistance needed to enable COMPANY to evaluate the Personal Data Security Breach and, as applicable, to comply with any obligations to provide timely notice to affected individuals or information about the Personal Data Security Breach to regulators; and (c) conduct such other necessary investigation, reporting, in cooperation with COMPANY; and
   5. Reimburse COMPANY for the reasonable expenses that COMPANY may incur as a result of such Personal Data Breach caused by VENDOR’s or VENDOR’s subprocessors’ gross negligence or willful misconduct. VENDOR shall only reimburse such reasonable expenses that COMPANY incurred in the event that COMPANY provides written proof of such expenses within sixty (60) days of them being incurred.

5. DATA SUBJECT REQUESTS

   1. If COMPANY provides written notification to VENDOR of a customer’s request to exercise Data Subject Rights, VENDOR shall assist COMPANY insofar as reasonably possible in responding. Data Subject requests shall be sent by email to VENDOR at the following email address support@betterlocal.com.
   2. If VENDOR receives a complaint or request relating to Data Privacy Legislation, VENDOR shall immediately notify COMPANY.

EXHIBIT A:  DETAILS OF PROCESSING

Categories of Data Subjects whose Personal Data is transferred and Processed

The Personal Data transferred and Processed concerns the following categories of Data Subjects:

1. Data Subjects.
2. Website and digital asset users.

Categories of Personal Data transferred and Processed

The Personal Data transferred and Processed concerns the following categories of data in an electronic or physical form:

1. Personal identifiers, including any information that identifies the Data Subject and their personal characteristics, including name, address, contact details, age, date of birth, gender, and physical description;
2. Internet or electronic network activity information, such as IP address, device identifiers, browsing history, search history, user application interaction, operating system, and diagnostic information (including log files and crash reports).

Sensitive Personal Data transferred and Processed

The Parties will not intentionally collect or Process any Sensitive Personal Data, as defined under applicable Data Privacy Legislation. Vendor will report any unintentional receipt of Sensitive Personal Data.

The frequency of the transfer and Processing

The Personal Data is transferred and Processed on a continuous basis.

Nature of the Processing

The Personal Data transferred and Processed will be subject to the following Processing activities:

1. Receiving data, including collection, accessing, retrieval, recording, and data entry;
2. Holding data, including storage, organization, and structuring;
3. Using data, including analyzing, consultation, testing, automated decision making, and profiling;
4. Updating data, including correcting, adaptation, alteration, alignment, and combination;
5. Protecting data, including restricting, encrypting, and security testing;
6. Sharing data, including disclosure, dissemination, allowing access or otherwise making available;
7. Returning data to COMPANY or Data Subject;
8. Erasing data, including destruction and deletion.

Purpose(s) of the data transfer and further Processing

The specific purpose(s) of transferring and Processing Personal Data are as follows:

1. Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
2. Helping to ensure security, confidentiality, and integrity to the extent the use of the Data Subject’s Personal Data is reasonably necessary and proportionate for these purposes;
3. Debugging to identify and repair errors that impair existing intended functionality;
4. Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a Data Subject’s current interaction with COMPANY, provided that the Data Subject’s Personal Data is not disclosed to another third party and is not used to build a profile about the Data Subject or otherwise alter the Data Subject’s experience outside the current interaction with COMPANY;
5. Performing services on behalf of COMPANY, including maintaining or servicing accounts, providing customer service, Processing, or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of COMPANY;
6. Providing advertising and marketing services, except for cross-contextual behavioral advertising or targeted advertising, as those terms are defined in Data Privacy Legislation, to the Data Subject; 
7. Undertaking internal research for technological development and demonstration;
8. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by COMPANY, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by COMPANY. 

The period for which the Personal Data will be retained, or, if that is not possible, the criteria used to determine that period

The Personal Data will only be retained for as long as required for the purposes indicated above in accordance with Section 3.8 of this DPA and Data Privacy Legislation regarding record retention policies.

Duration of the Processing

The duration of Processing shall be for the term designated under the Subscription Terms (or, if applicable, the separate written agreement signed by You or Your Company and Butler/Till).

BetterLocal Monthly Installments Addendum

This Monthly Installment Addendum describes the specific details around monthly installment payment programs and applies to all users who opt for the Monthly Installment Plan when purchasing advertising campaigns through BetterLocal. By selecting the Monthly Installment option, you acknowledge and agree to the following terms, which supplement our existing Terms of Use (https://betterlocal.com/legal#terms) and Privacy Policy (https://betterlocal.com/legal#privacy-policy). In the event of a conflict between the Agreement and any SAS, the provisions of this addendum will control with respect to Monthly Installment Payments.

1. Payment Methods/Transactions

Payments. All payments are installments of your enrolled campaign agreement. You authorized Butler/Till to automatically charge your selected payment method on a recurring basis. You agree that installments will continue unless you cancel in accordance with Section 3 below. You are responsible for ensuring that the payment method remains valid and has sufficient funds for recurring installments.

Payment Methods. BetterLocal campaign enrollment only accepts credit/debit cards for payment. Accepted credit/debit cards include VISA, MasterCard, American Express, and Discover. Payments are only accepted as internet-based card not present (CNP) transactions. Due to security requirements, Butler/Till does not accept in-person, phone, or keyed transactions.

• All installments will be processed and settled via Stripe, our third-party payment processor (“Processor”), according to their Terms of Service (https://stripe.com/terms). By accepting this agreement, you agree to the creation of an account with the Processor for transaction processing. Butler/Till reserves the right to change the Processor, subject to the terms of Butler/Till’s agreement with the Processor.
• You authorize Butler/Till to hold, receive, and disburse funds on your behalf when such funds from your card transaction settles. You further authorize Butler/Till to instruct the manner of how your settlement funds should be disbursed to vendors and the timing of such disbursements. You also authorize Butler/Till to hold settlement funds in a deposit account pending disbursement of the funds to vendors in accordance with the terms of this Agreement. Your authorizations set forth herein will remain in full force and effect until your BetterLocal license is closed or terminated.
• Butler/Till complies with all applicable state and federal laws and rules in connection with collection, security, and dissemination of any personal, financial, Card, or transaction information (defined as "Data”). Butler/Till agrees to use only PCI-compliant service providers in connection with the storage, or transmission of Card Data. Butler/Till does not store account numbers or CVV2 data.

Transaction Fees. Campaign cost is inclusive of any processing fees that are assessed by bank or credit card company to Butler/Till.

Disputes and Chargebacks. A dispute filed by you with your credit card provider is a chargeback. For any billing disputes, please contact support@betterlocal.com before initiating a chargeback. If you dispute a charge without first contacting our support team, Butler/Till reserves the right to suspend or terminate your campaign, account and charge an early termination fee.
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For any chargeback associated with an installment for your campaign, Butler/Till reserves the right to contest the charge. If your issuing bank does not resolve the chargeback in Butler/Till’s favor, Butler/Till may recover the chargeback amount and any associated fees from you immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses incurred by or on behalf of Butler/Till in connection with the collection of any chargebacks unpaid by you.

Failed Payments and Cancellation. If a scheduled installment fails due to an expired payment method, insufficient funds, or any other reason, you will be notified, and Butler/Till may attempt to process the payment again. If the failed installment is not received prior to 10 days before the next installment due date your campaign participation may be suspended or canceled at Butler/Till’s sole discretion. Once a campaign is cancelled, it cannot be restarted for any reason. Re-enrollment would be required and a new campaign started.

2. Billing Cycle & Charges

Enrollment and Initial Payment. When you enroll in an installment billing plan, you will be charged for the first month’s campaign budget at the time of enrollment.

Recurring Monthly Installments. After your initial installment, you will be charged the first day of each subsequent month for the next month’s campaign payment installment.

Billing Cycle and Campaign Start Date. All campaign enrollment occurs within a defined enrollment window. You must complete enrollment and initial payment within the enrollment window to secure participation in the upcoming campaign cycle.

Modification of Billing Terms. Butler/Till reserves the right to modify billing terms at any time. You will be notified in advance of any changes affecting installment payments.

3. Cancellations and Refunds

Cancellations. You may opt out of future monthly charges by canceling your enrollment before the first of the month to avoid being billed for the next campaign period.

• All opt-out requests must be submitted via approved communication channels.
• Your campaign will continue running until the prepaid budget is fully exhausted, at which point your campaign will be considered canceled and will be shut down.

• Once you have opted out of a campaign, you cannot re-join that campaign.

  • If there is rolling enrollment, then you can re-join the campaign.
  • All rejoined campaigns will not benefit from any learnings or optimizations from the previously cancelled campaign.

Refunds. If you cancel your campaign enrollment, no refund will be issued for payments already collected. All payments are final and non-refundable. You acknowledge that prepaid campaign budgets are allocated to campaign execution and are not eligible for reimbursement, partial refunds, or credits.

4. Compliance and Legal Disclosures

By opting into a Monthly Installment Plan, you acknowledge and agree to abide by all applicable payment processing rules, including:

• Visa, Mastercard, American Express, or Discover Recurring Billing Requirements.
• Stripe's Recurring Payments Policies.

Privacy Policy

BetterLocal (a software subscription platform by Butler/Till, Inc.)

Effective Date: January 1, 2025

This Privacy Policy (“Privacy Policy”) describes how your personal information is collected, used, and shared by Butler/Till, Inc. (“B/T,” “we,” “us,” and “our”) only with respect to your use of the software subscription platform BetterLocal (the “Platform”). We may update this Privacy Policy from time to time, as detailed below. You should not use the Platform if you have any objections to our Privacy Policy, which is binding upon all users of the Platform. If you have a question about how your personal information is being used, you can contact us through the methods provided in the “Contact Information” section at the end of this Privacy Policy.

What Do We Mean By “Personal Information” and “Personal Data"?

“Personal information” or “personal data” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal information that is publicly available, aggregated (e.g., compiled to create statistics that cannot identify a particular individual), or de-identified (stripped of all unique identifiers such that it cannot be linked to a particular individual) is not considered “personal information” or “personal data” for the purposes of this Privacy Policy.

The Personal Information We Collect and How We Collect It

We collect the following personal information from you:

• Information You Provide to Us About Yourself
  • Name, geolocation, IP address, email address, physical address, phone number, and payment card information
  • We do not collect payment card information directly; payments are processed for us by a third-party payment processor – Stripe. We use Stripe to securely process payments made through our software. When you make a payment, Stripe collects and processes your payment information, including your credit card number, expiration date, and billing address. We do not store or process any sensitive payment details directly. All payment transactions are encrypted and handled securely by Stripe, in compliance with PCI-DSS and other industry standards. For more information on how Stripe handles your data, please refer to their privacy policy (https://stripe.com/privacy). If you have questions about your payment data or wish to request a refund, please contact Stripe or our support team.
• Information Collected Automatically Via Online Tracking Technologies
  • Our software uses tools like Google Analytics to collect anonymous information about how users interact with the application. This data includes information such as device type, operating system, browser, and usage behavior.

How We Use Your Personal Information

We may use your personal information for the following purposes:

• To perform services on behalf of customers, including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions, verifying customer information, processing payments, providing analytic services, providing storage, or providing similar services;
• To provide advertising and marketing services, except for cross-contextual behavioral advertising or targeted advertising;
• To register users who choose to create an account;
• For financial administration, invoicing, and to process and deliver orders;
• To manage the relationship with users; carry out data analytics to improve the offering, website, products, marketing and customer experience;
• To verify user identities and provide secure platform access and services; and
• To comply with regulatory or legal obligations.

How We Share Your Personal Information

We may share your personal information in the following ways:

• To fulfill a service to you, which you have requested from us;
• To affiliates, strategic partners, and agents who require your personal information for research, administrative, and/or internal business purposes;
• To unaffiliated third-party service providers, agents, or independent contractors who help us maintain our Platform and provide other administrative services to us;
• To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, or act in urgent circumstances to protect the personal safety of our end users;
• To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions and sales of all or substantially all of our assets. In the event of a direct or indirect reorganization process including, but not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets, we may disclose your personal information following completion of such transaction and/or during the assessment process pending transfer. If transferred in such a case, your information would remain subject to this Privacy Policy or a privacy policy that, at a minimum, protects your privacy to an equal degree as this Privacy Policy;
• To track and analyze non-identifying and aggregate usage and volume statistical information from our users and provide such information to third parties; and
• To protect against potential fraud, we may verify with third parties the information collected from the Platform.

Links to Third-Party Websites

Our Platform may contain links to other websites owned and operated by third parties. After you leave our Platform, we have no control over the information collected from or about you on those third-party websites. These third parties may collect information from you when you interact directly with them. We are not responsible, and assume no liability, for the privacy policies and/or practices of any third party. The use of your information by third parties is subject to their privacy policies and terms of use. Accordingly, we encourage you to visit their sites and review their policies.

Disclaimer Regarding Chat Features

Our Platform may use a third-party chat feature for support purposes. The feature may collect the content of your communications and other personal information you provide while interacting with the chat feature. Please discontinue use of the Platform if you do not consent to the collection of such information by us and third parties for these purposes.

Data Security

The security of your personal information is important to us. We implement reasonable technical and organizational security measures to protect the personal information submitted to us, both during transmission and once it is received. B/T takes steps to ensure that such data remains private and confidential. We restrict access to personal information to B/T employees, contractors, and agents who need to know that information in order to operate, develop, or improve our Platform. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure due to the inherent risks of data transmission over the Internet. Consequently, we cannot ensure or warrant the security of any information you transmit to us, and you understand that any information that you transfer to us is done at your own risk. If we learn of a security system breach, we may attempt to notify you, including electronically, so that you can take appropriate protective steps. By using the Platform or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Platform. We may post a notice via our Platform if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. If you have any questions about the security of your personal information, you can contact us via the contact information below.

Data Retention

We may retain your information for as long as needed to provide you with the Platform, comply with our legal obligations, resolve disputes, and enforce our agreements. Personal data collected through the product is typically retained for five years. In certain circumstances, we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing access to the Platform.

Data Transfers

The Platform is hosted in the United States. In order to communicate with you about content, the information that we collect from you may be transferred to, stored, used, and processed by B/T in the United States or one of our service providers based in the United States or outside of the United States. Such entities may be engaged in, among other things: (i) the processing of payment details; and (ii) the provision of support services.

If you are visiting from the European Union or other regions with laws governing information collection and use that may differ from United States law, please note that you are transferring your personal information to the United States. The laws of some countries may not provide the same levels of protection of personal information as your home country, particularly if you are resident in the European Union. By using the Platform, you agree to the collection, transfer, storage, use and processing of information about you for the purposes described in this Privacy Policy. When you provide personal information to us or our service providers or vendors, you consent to the processing of your information in the United States as the Platform is operated in the United States. We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR PERSONAL INFORMATION WITH US, OR MAKE USE OF THE PLATFORM.

Children’s Personal Data

The Platform is not directed to children under the age of 18. We do not knowingly collect personal information from children under 18. If you are under 18, please do not use the Platform and do not provide any personal information to us. If you become aware that a child under 18 has provided us with personal information without your consent, please contact us at support@betterlocal.com.

Your Privacy Rights

If you choose to share personal information with us, you may have the opportunity to update that information on our Platform or by contacting us at the following address: support@betterlocal.com. If you ask us to shut down your account or delete your personal information, we will disable your account within a reasonable period of time. Please note, however, that we may retain certain personal information about you to satisfy both our legal and security obligations. For example, some of your personal information may remain in backup storage even if you ask for it to be deleted. In some cases, you may be entitled under local laws to access or object to the processing of personal information that we hold relating to you.

Opting Out of Marketing Communications

At any time, you can add or remove your name from a B/T list by contacting us at support@betterlocal.com. We will endeavor to comply with your request as soon as reasonably practicable. In certain circumstances, we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing the Platform.

You may sign-up to receive email or newsletters or other communications from us. If you would like to discontinue receiving this information, you may update your email preferences by using the “Unsubscribe” link found in emails we send to you or by contacting us via the contact information below.  If you unsubscribe, you may still receive transactional or relationship emails from us.

Responding to Browser DNT Signals

Some browsers offer a “do not track” (“DNT”) option. Because no common industry or legal standard for DNT has been adopted by industry groups, technology companies, or regulators, we do not respond to DNT signals. We will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

California “Shine the Light” Law

California Civil Code Section 1798.83 permits visitors to the Platform who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share personal information with third parties for their direct marketing purposes.

Disclosure for Nevada Residents

Residents of Nevada have the right to opt out of the sale of certain personal information to third parties. We currently do not sell your personal information as defined by Nevada law.

Changes to This Privacy Policy

We may need to update this Privacy Policy from time to time, and we reserve the right to do so as we deem necessary or desirable. We will notify you of such changes by revising the “Effective Date” provided herein, and/or by any other legal means, and your use of the Platform after any such changes shall constitute your consent to such changes. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Information

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

By Email: support@betterlocal.com
By Mail: Butler/Till, Inc., ATTN: BetterLocal, 260 E. Broad St., Rochester, NY 14604