This policy describes our policies and procedures on communication methods and the rules and regulations in compliance with TCPA.
Read these Terms and Conditions (this “Agreement”) for important information about our communication policy. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Brokerly (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Communication Policy explains how we collect, use, disclose, and safeguard your information when you visit our website Brokerly.ai, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this communication policy carefully. If you do not agree with the terms of this communication policy, please do not access the site.
We may communicate with you through SMS, Apple’s Game Center, Facebook, Google, Instagram, Pinterest, Twitter, Whatsapp, Viber, WeChat, Emails, Apps, or through any available channel on behalf of ourselves, our affiliates, and advertisers.
You are authorizing Brokerly.ai and its corporate parents, affiliates, and partners to deliver or cause to be delivered to you (including through Members and authorized third-parties) telemarketing promotions for products or services in addition to those about which you are applying, but that may be of interest to you using an automatic telephone dialing system or an artificial or prerecorded voice and text messages to the phone numbers you provided. You are not required to sign this agreement as a condition of purchasing any property, goods, or services.
We reserve the right to make changes to this Communication Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Communication Policy. Any changes or modifications will be effective immediately upon posting the updated Communication Policy on the Site, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Communication Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Communication Policy by your continued use of the Site after the date such revised Communication Policy is posted.
The Brokerly communication is offered on an “as is” basis and: (1) may not be available in all areas or through all wireless carriers or service providers at any or all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier or service providers. Brokerly may change or discontinue any of its communication program(s) without notice or liability to you. Brokerly and its related companies and each of their respective officers, directors, employees, and consultants are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any Brokerly communication or from technical failures or delays of any kind. Brokerly reserves the right to cease delivery of any communication to any person at any time in its sole discretion. The wireless carriers or service providers are not liable for any delayed or undelivered text alerts.
Brokerly.ai. or one or more of its affiliates may offer access to messages pertaining to your orders and product delivery service through Brokerly or its third-party vendors via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. Enrollment in text alerts requires a customer to provide his or her own mobile phone number with an area code. By enrolling to receive text alerts, you agree to these terms and conditions, which become effective upon your enrollment.
You acknowledge that text alerts will be sent to the mobile phone number you provide to Brokerly. Such alerts may include limited personal information about your orders and/or product delivery, and whoever has access to the mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about a product or other information. Brokerly does not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
You may opt out of Brokerly text alerts at any time. To stop receiving the order and delivery service text alerts, replying STOP to any received text will opt you out of all future text messages. After you submit a request to unsubscribe, you may receive one final text alert from Brokerly confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you re-activate your enrollment.
Consent varies based on the types of conversations the company has with its clients. (Conversational, Informational, Promotional, etc.) and on the nature of the conversation (Transactional or Promotional).
Conversational SMS/text messaging is a one-on-one two-way conversation between the company and its existing customers or known contacts with an existing business relationship.
If a customer texts us first and we respond quickly with a single message, then it is likely conversational. As long as the company responds with relevant information, then verbal and written permission is not required. This is called implied consent.
Informational SMS/Text & Voice Recordings: Informational messaging takes place when a contact gives the company their phone number and agrees to be contacted in the future. For informational text messaging, the customer does need to agree to receive texts specifically for informational purposes.
This is called express permission. Contacts may grant us this permission via text opt-in, on a form, on a website, verbally, or with written permission.
Promotional Text Messaging: Promotional texts are texts that directly promote, market, and sell your business, or its services. Contacts may sign a form, check a box online, etc. to receive promotional text messages.
Text Message Calls-to-Action (CTAs)
A “Call-to-Action,” also known as a CTA, is a link or button that you include in your text message to prompt your recipient to do an action.
SMS Messages: Message and data rates may apply. Message frequency depends upon your activity. For support, text HELP at . To opt-out at any time, reply STOP.
This might include a link to go pay their open invoices, an opt-in or opt-out to a text message campaign, a connection to a website or other web property, a link to a calendar, and more.
Brokerly will be sending clients text messages including but not limited to the explanation of our service, and informational and promotional content for the business.
Clients can opt out by texting a keyword like “STOP” and “UNSUBSCRIBE” or by expressing their lack of interest in the call.
A client might receive SMS text messages based on their activity or engagement.
When a client agrees to the communication policy, you agree to receive text messages from Brokerly, and message and data rates may apply.
Brokerly can only attempt to contact consumers anytime a service is requested or is available.
Brokerly may only send promotional text messages to contacts received through inbound queries on the website or other advertising pages used for lead generation
Brokerly operates a telephone system that is capable of recording conversations for the achievement of various proper and lawful purposes, including (i) quality monitoring, (ii) training, (iii) compliance, and (iv) safeguarding purposes. Calls, incoming or outgoing, may be recorded, retained, and/or collected.
All calls, incoming and/or outgoing too and/or from Brokerly, can be recorded. Under normal circumstances, a call will not be retrieved or monitored unless:
It is necessary to investigate a complaint;
It is part of a management quality check that our standards are being met;
It provides assurance of Brokerly quality standards and policies.
There is a threat to the health and safety of staff and/or visitors and/or customers and/or vendors and/or for the prevention and/or detection of a crime;
It is necessary to check compliance with regulatory procedures;
It will aid Brokerly employees in call handling through use in training and coaching our staff;
It is for safeguarding purposes; or
It is for helping to protect employees from abusive or nuisance calls.
Personal data collected in the course of recording activities will be processed fairly and lawfully in accordance with the relevant legislation, including GDPR. Data collected shall be:
Adequate, relevant, and not excessive;
Used for the purpose(s) stated in this policy only and not used for any other purposes;
Accessible only to managerial and/or senior staff such as our CEO, COO, legal department, accountants, and specifically authorized IT representatives.
Handled and managed confidentially;
Kept and/or stored securely; and
Not kept for longer than necessary and will be securely destroyed thereafter.
Where possible, we will inform the caller and/or the receiver of the call that the call will be monitored/recorded for quality/training purposes so that they have the opportunity to consent by continuing with the call or hBrokerlyng up.
By continuing a call and/or accepting the current policy you freely and unconditionally consent that when receiving a call from Brokerly and/or when you are calling Brokerly, the call may be monitored or recorded for the purpose(s) stated in this policy.
The Site and our mobile application may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.
Data From Apps Platforms
User information from social networking sites, communication apps, and other platforms, such as Apple’s Game Center, Facebook, Google+, Instagram, Pinterest, Twitter, Whatsapp, Viber, and WeChat including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. If you are using our mobile application, this information may also include the contact information of anyone you invite to use and/or join our mobile application.
Data From Contests, Giveaways, and Surveys
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchBrokerlyng information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
Interactions with Other Users
If you interact with other users of the Site and our mobile application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, and following blogs.
When you post comments, contributions or other content to the Site or our mobile applications, your posts may be viewed by all users and may be publicly distributed outside the Site and our mobile application in perpetuity.
We may use third-party advertising companies to serve ads when you visit the Site or our mobile application. These companies may use information about your visits to the Site and our mobile application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
We may share your information with our business partners to offer you certain products, services, or promotions.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
Noting your preferences at the time you register your account with the Site or our mobile application.
Log into your account settings and update your preferences.
Contact us using the contact information provided below.
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
If you have questions or comments about this Communication Policy, please contact us at: Info@Brokerly.ai
Dispute Resolution: EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Brokerly, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT Brokerly AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online here. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such a determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.