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Afferent Signal ("we," "us," or "our") operates an independent consumer advocacy platform that collects consumer product requests and related data submitted via QR codes, forms, or other collection points ("Submissions") located at third-party retail locations.
By submitting a Submission, you acknowledge and agree that:
Depending on how you interact with Afferent Signal, we may collect the following categories of personal information, consistent with categories defined under the California Consumer Privacy Act (CCPA):
We collect this information directly from you at the time of Submission. We do not knowingly collect information from the Host Location's own point-of-sale or loyalty systems.
All data contained in a Submission becomes the property of Afferent Signal upon submission, for use as described in these Terms. The Host Location has no ownership interest in, or right to access, a specific Submission unless independently provided by you to the Host Location through other means.
This ownership is subject to the rights retained by you as a California consumer under Section 6 below, including your right to request deletion, correction, or return of your personal information.
You explicitly grant Afferent Signal the right to:
CCPA Disclosure: Under the CCPA, providing personal information to third parties in exchange for monetary or other valuable consideration is considered a "sale," and providing it for certain business purposes is considered "sharing." Afferent Signal's monetization activities described above may constitute a sale and/or sharing of your personal information.
You have the right to opt out of this sale/sharing at any time, without affecting your ability to submit product requests. See Section 6 for how to exercise this right.
We do not sell or share the personal information of consumers we know to be under 16 years of age without opt-in consent as required by CCPA.
Your email address is collected primarily to update you on the status of your product request. Afferent Signal will not sell your raw email address to third-party marketing or spam list operators. However, your email address may be shared with specific brand Partners directly relevant to your request where reasonably necessary to fulfill stocking advocacy, and this sharing may constitute a "sale" or "sharing" under CCPA, subject to your opt-out right.
If you are a California resident, you have the following rights under the CCPA:
How to exercise these rights: Submit a verifiable consumer request to contact@afferentsignal.com. We will respond within the timeframes required by law (generally 45 days, extendable once by an additional 45 days with notice).
Submission of a request constitutes a request only, not a guarantee. Afferent Signal uses aggregated and individual data to attempt to influence supply chain and stocking decisions but cannot guarantee that any Host Location or brand will stock, carry, or restock the requested item.
The Afferent Signal platform and services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by law, Afferent Signal shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of your use of the Service. Afferent Signal's total aggregate liability shall not exceed fifty U.S. dollars ($50).
You agree to indemnify and hold harmless Afferent Signal from any claims, damages, liabilities, and expenses arising out of your breach of these Terms or your misuse of the Service.
Except for claims that qualify for small claims court, or claims involving the CCPA that cannot be subject to mandatory arbitration under California law, any dispute arising out of or relating to these Terms shall be resolved through binding arbitration on an individual basis.
Class Action Waiver: Any arbitration or proceeding shall be conducted on an individual basis and not as part of a class, consolidated, or representative action.
Opt-Out: You may opt out of this arbitration agreement by sending written notice to contact@afferentsignal.com within 30 days of first accepting these Terms.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.
Afferent Signal may update these Terms from time to time. Material changes affecting your rights under CCPA will be accompanied by an updated notice at or before the point of collection.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between you and Afferent Signal regarding the Service.