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Terms and Conditions
Protecting your personal information
Acceptance of Terms
Users must explicitly agree to these terms and conditions before accessing or using the services/platform.
Acceptance may be indicated by clicking an "I Agree" button or similar means.
User Eligibility
Users must be at least 18 years old or have parental/guardian consent to use the services.
Users warrant that they meet the eligibility criteria and provide accurate information.
User Registration
Users must create an account to access certain features or services.
Users are responsible for maintaining the confidentiality of their account information.
Users are responsible for all activities that occur under their account.
Use of Services
Users agree to use the services only for lawful purposes.
Prohibition of activities such as unauthorized access, data scraping, or any other form of misuse.
Content Ownership and Use
The platform retains ownership of all content, including text, images, and multimedia, generated or uploaded by users.
Users grant the platform a non-exclusive, transferable, sub-licensable, royalty-free license to use, reproduce, and distribute their content.
Prohibited Content
Users may not upload, share, or engage in any content that is illegal, obscene, defamatory, or violates the rights of others.
Intellectual Property
All trademarks, copyrights, and intellectual property rights associated with the services are owned by the platform.
Users may not use platform trademarks without prior written consent.
Privacy Policy
Users' personal information is subject to the platform's privacy policy, available below.
The platform may collect, use, and disclose personal information as outlined in the privacy policy.
Disclaimer of Warranty
The platform provides services on an "as-is" basis without any warranties, either expressed or implied.
Limitation of Liability
The platform is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of services.
Termination of Service
The platform reserves the right to terminate or suspend user accounts at its discretion, with or without notice, for violations of these terms.
Modification of Terms
The platform may modify the terms and conditions at any time. Users are responsible for regularly reviewing the terms.
Dispute Resolution
Any disputes arising from the use of services will be resolved through arbitration or mediation as outlined in a separate dispute resolution policy.
Governing Law
These terms and conditions are governed by the laws of a specific jurisdiction.
Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Contact Information
Users can contact the platform for questions or concerns regarding these terms and conditions through specified contact channels.
Contracting Terms and Conditions
The agent acknowledges that their primary affiliation is with Annuity Fundamentals and Aegis for contracting on annuity contracts and is committed to exclusively representing carriers available through Annuity Fundamentals and Aegis, unless written permission is obtained from the managing partners of Annuity Fundamentals. Upon seeking appointment with an insurance carrier, the agent agrees to provide Annuity Fundamentals and Aegis Financial as the first opportunity to secure the contracts of appointment. If Aegis Financial is unable to facilitate the appointment due to limited availability, the agent may explore contracting with another Independent Marketing Organization (IMO) not affiliated with Aegis and Annuity Fundamentals, after first offering the opportunity to Aegis Financial. In the event of termination “for cause,” the agent forfeits all and access to training, support, and tools. If an agent needs to conduct Annuity contracting with another IMO, written communication must be provided to Annuity Fundamentals prior to requesting contracting outside of Aegis Financial. Both parties retain the right to terminate this agreement for any reason with immediate effect. Annuity Fundamentals sets a minimum production standard of ($50,000) new issued annualized premium annually, effective twelve (12) months after the initial execution of this Agreement. Failure to meet these standards grants Annuity Fundamentals the right to suspend the agent from access of training, tools, and systems provided by Annuity Fundamentals. The agent must maintain an Errors and Omissions liability insurance policy with coverage not less than $1,000,000 per occurrence and an aggregate amount of $1,000,000 throughout the duration of this Agreement. Commission and contracting with Insurance companies are deemed by the sole discretion of the insurance company not Annuity Fundamentals. The agent certifies that they have thoroughly read and comprehended all clauses outlined in this contract and commits to conducting their business in strict accordance with the terms specified herein.
Privacy Policy
This Privacy Policy describes the data protection practices of Annuity Fundamentals., d/b/a Annuity Fundamentals (“Annuity Fundamentals,” “we,” “us,” or “our”). This Privacy Policy applies to information that we collect and use about you when you access or use the Annuity Fundamentals website, mobile application, or other online or mobile service that links to or otherwise presents this Privacy Policy to you. We refer to these products and services collectively as the “Services.”
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.
Information We Collect
We collect information about you through the means discussed below. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use our Services.
1. INFORMATION YOU PROVIDE TO US
We collect a variety of information that you provide directly to us. For example, we collect information from you through:
-The Services you use or processing your orders
-Requests or questions you submit to us via online forms, email, or otherwise
-Your participation in sweepstakes, contests, or surveys
-Any reviews that you submit about the Services
-Account registration and administration of your account
-Uploads or posts to the Services
-Requests for customer support and technical assistance
-Information about you
While parts of the Services may not require you to provide any information that can directly identify you by name (such as if you choose to browse the website without logging in), the specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide. The types of data we may collect directly from you include the following:
Email address
Name, if you choose to provide it
Log-in credentials, if you create an Annuity Fundamentals account
Billing information, such as shipping address of a gift card recipient, credit or debit card number, verification number, zip code, and expiration date
Phone number, if you choose to provide it
Information about purchases or other transactions with us
Information about your customer service interactions with us
Demographic information such as your gender or other information you choose to provide as part of your Annuity Fundamentals profile
User-generated content you provide to us, such as when you comment on content on the Services, respond to a survey request, review a class, or participate in the public forums
Classes in which you enroll
Any other information you choose to directly provide to us in connection with your use of the Services
Information about others
If you request that your purchase be provided to someone other than yourself (such as a gift recipient), we use the information you provide about the other person to fulfill the shipment.
2. INFORMATION WE COLLECT THROUGH AUTOMATED MEANS
When you use our Services, we collect certain information as described in this Section. As discussed further below, we and our service providers (which are third party companies that work on our behalf) may use a variety of technologies, including cookies and similar tools, to assist in collecting this information.
Websites
When you use our website, we collect and analyze information such as your IP address, browser types, browser language, operating system, software and hardware attributes (including device IDs) referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, date and time of use, content watched, total minutes watched, error logs, and other similar information about how you use the website.
Mobile Applications
When you use an Annuity Fundamentals mobile application or software ("app"), we automatically receive certain information about the mobile phone, tablet, or computer used to access the app, including device identifiers, IP address, operating system, version, Internet service provider, browser type, domain name and other similar information, whether and when you update the app, date and time of use, content watched, total minutes watched, error logs, and other similar information about how you use the app.
Location Information
When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and/or postal code associated with an IP address, city/state) from your computer or mobile device.
3. INFORMATION WE COLLECT FROM SOCIAL MEDIA AND OTHER CONTENT PLATFORMS
If you access the Services through a third-party connection or log-in (e.g., through a social network like Facebook or Twitter), you may allow us to have access to and store certain information from your social network profile. This can include your name, gender, profile picture, your “likes” and check-ins, and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings. You may also have the option of posting your Services activities to Social Networking Services when you access content through the Services (for example, you may post to Facebook that you enrolled in a class on the Service); you acknowledge that if you choose to use this feature, your friends, followers, and subscribers on any Social Networking Services you have enabled will be able to view such activity.
4. INFORMATION WE COLLECT FROM OTHERS
We may receive additional information such as demographic and statistical information from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups. We use this information to supplement the information that we collect directly from you in order to derive your possible interests and to provide more relevant experiences for you and improve our products, analytics, and advertising.
How We Use Your Information
We, or our service providers, use your information for various purposes depending on the types of information we have collected from and about you, in order to:
Provide the Services
- Complete a purchase or provide the Services you have requested, including invoicing and accounting
Communicate with you and provide support
- Respond to your request for information and provide you with more effective and efficient customer service
- Provide you with updates and information about classes in which you have enrolled
Marketing and content customization
- Contact you by email, postal mail, or phone regarding Annuity Fundamentals and third-party products, services, surveys, research studies, promotions, special events and other subjects that we think may be of interest to you
- Customize the advertising and content you see on the Services
Business operations
- Help us better understand your interests and needs, and improve the Services, including through research and reports, and test and create new products, features, and services
- Secure our websites and applications, and resolve app crashes and other issues being reported
Legal Purposes
- Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
- Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others
Combined Information
For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Aggregate/Anonymous Data
We may aggregate and/or anonymize any information collected through the Services so that such information can no longer be linked to you or your device. We may use such information for any purpose, including without limitation for research and marketing purposes, and may also disclose such data to any third parties, including advertisers, promotional partners, and sponsors.
Cookies and Similar Technologies
To collect the information in the “Information We Collect Through Automated Means” section above, we and our service providers use Internet server logs, cookies, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences. Cookies are small text files that are placed on your computer or mobile device when you visit a site that enable us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Annuity Fundamentals you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files.
As we adopt additional technologies, we may also gather information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including flash cookies and local storage objects, with the Flash management tools available at Adobe's website. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Annuity Fundamentals Services.
How We Disclose Your Information
Annuity Fundamentals will disclose your information in the following ways:
Affiliates and Subsidiaries
We may disclose information we collect within the Yanka Industries family of companies to deliver products and services to you, ensure a consistent level of service, and enhance our products, services, and your customer experience.
Service Providers
We provide access to or disclose your information to select third parties who perform services on our behalf. They have access to perform these services but are prohibited from using your information for other purposes. They provide a variety of services to us, including billing, sales, marketing, product content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, payment processing, and legal services.
Protection of Annuity Fundamentals and Others
By using the Services, you acknowledge and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Annuity Fundamentals, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
Business Transfers
As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.
Public Forums
Certain features of our Services make it possible for you to post comments publicly that other users can see. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.
Aggregate/Anonymous Information
From time to time, we may disclose Aggregate/Anonymous Information about use of the Services, such as by publishing a report on usage trends. The disclosure of such data is unrestricted.
Retention of Your Information
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
How We Protect Your Information
Annuity Fundamentals takes technical and organizational security measures to protect the information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error-free. Please keep this in mind when disclosing any information to Annuity Fundamentals via the Internet.
Mobile Services
The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing, or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under our Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Annuity Fundamentals account information to ensure that your messages are not sent to the person that acquires your old number.
Third Party Links and Features
The Services contain links to third-party websites such as social media sites and also contain third-party plug-ins (such as the Facebook “like” button and Twitter “follow” button). If you choose to use these sites or features, you may disclose your information not just to those third-parties but also to their users and the public more generally depending on how their services function. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third-parties.
Children's Privacy
The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without valid parental consent, we will take reasonable steps to delete it as soon as possible. We do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.
Your Rights and Choices
1. GENERAL RIGHTS
Depending on your jurisdiction, you may have the right to make certain requests regarding your “personal information” or “personal data” (as such terms are defined under applicable law, and collectively referred to herein as “personal information”). Specifically, you may have the right to ask us to:
Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.
Provide you access to and/or a copy of certain personal information we hold about you.
Correct or update personal information we hold about you.
Delete certain personal information we have about you.
Object to or restrict processing of your information.
Revoke your consent for the processing of your information.
Transfer your information to a third-party provider of services.
Opt out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
You also have the right to opt out of “sales” of your information and “sharing/use of your information for targeted advertising” as described below in subsection 3.
As provided in applicable law, you also have the right to not be discriminated against for exercising your rights. Please note that certain information may be exempt from such requests under applicable law. For example, we need to retain certain information to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.
If you would like further information regarding your legal rights or would like to exercise any of them, please submit a privacy request [here]([email protected])
Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you.
2. OPTING OUT OF MARKETING EMAILS
You can unsubscribe from our marketing emails via the unsubscribe link provided in the emails. Please note that it may take us some time, consistent with our legal obligations, to process your request. Even if you opt out from receiving marketing messages from us, you will continue to receive administrative messages from us, such as order confirmations, updates to our policies and practices, or other communications regarding our relationship or transactions with you.
3. NOTICE OF RIGHT TO OPT OUT OF SALES OF PERSONAL INFORMATION AND PROCESSING/SHARING OF PERSONAL INFORMATION FOR TARGETED ADVERTISING PURPOSES
As explained in the “Online Analytics and Advertising” section above, we provide certain information to third-party advertising providers for targeted advertising purposes, so that we can provide you with more relevant and tailored ads regarding our services, and use analytics partners to assist us in analyzing use of our services and our user/customer base. The disclosure of your information to these third parties to assist us in providing these services may be considered a “sale” of personal information under applicable law, or, the processing/sharing of your information for targeted advertising purposes.
If you would like to opt out of our online disclosure such as through cookie and pixel technology of your information for purposes that could be considered “sales” for those third parties' own commercial purposes, or “sharing” for purposes of targeted advertising, please [click here]([email protected]). You can also submit a sale opt-out request to opt out of our offline disclosures of information that are subject to applicable opt out rights by emailing us at [email protected]. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
Please note that if you have a legally-recognized browser-based opt-out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.
Legal Bases for Use of Your Information
The legal bases for using your information as set out in this Privacy Policy are as follows:
Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with: the terms of service of our websites which you accept by browsing the websites/registering; and/or our contract to provide our Services to you).
Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our website and applications; operate our business and our Services; make and receive payments; comply with legal requirements and defend our legal rights
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