Privacy Policy

tuffydigital data and AI solutions is committed to safeguarding your privacy. Contact us at customersuccess@tuffydigital.com if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you. We will keep strictly confidential all non-public information from you that we may collect in connection with your use of the software. This does not apply to any suggestions for updates you have made. We want you to know how we collect, use, share, disclose, and protect information about you. By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy. We may change or add to this Privacy Policy, so we encourage you to review it periodically.

Table of Contents

1. Definitions used in this Policy
2. Data protection principles we follow
3. What rights do you have regarding your Personal Data
4. What Personal Data we gather about you
5. How we use your Personal Data
6. Who else has access to your Personal Data
7. How we secure your data
8. Information about cookies
9. Contact information

Definitions

Personal Data – any information relating to an identified or identifiable natural person; for California consumers, Personal Data is “Personal Information” as defined below.

Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.

Data subject – a natural person whose Personal Data is being Processed.

Child – a natural person under 16 years of age.

We/us (either capitalized or not) – tuffydigital data and AI solutions

Personal Information (applicable to California consumers; also referred to as “Personal Data” in this Privacy Policy) – any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information includes but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:

• Identifiers – real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
• Commercial information – including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories of tendencies
• Biometric Information
• Internet or other electronic network activity information – including but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
• Geolocation data
• Audio, electronic, visual, thermal, olfactory, or similar information.
• Professional or employment-related information.
• Inferences drawn from any of the information identified in this definition of Personal Information, to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Personal Information does not include publicly available information lawfully made available from government records or information that is deidentified or aggregated.

Data Protection Principles

We promise to follow the following data protection principles:

• Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
• Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
• Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
• Processing is limited with a time period. We will not store your personal data for longer than needed.
• We will do our best to ensure the accuracy of data.
• We will do our best to ensure the integrity and confidentiality of data.

Data Subject’s rights

The Data Subject has the following rights:

1. Right to information – meaning you have to the right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
2. Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
3. Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
4. Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
5. Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
6. Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
7. Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
8. Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
9. Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
10. Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
11. Right to withdraw consent – you have the right to withdraw any given consent for Processing of your Personal Data.

Data we gather

Information you have provided to us

tuffydigital data and AI solutions may obtain the following types of information from you or concerning your computer or device (“Information”), which may include information that can be used to identify you as specified below (“Personally Identifiable Information”):

• Name
• Email address
• Mailing address
• Telephone (or mobile) number(s)
• Credit card information
• Blog or website URL
• Social networking handle or username
• Photo
• Demographic information (e.g., age, gender, interests, and preferences)
• Professional title
• Company
• Industry
• Activities or content viewed on tuffydigital data and AI solutions
• Information collected automatically ( detailed below )
• Information received from Third Parties ( detailed below )

In certain cases, we may request that you provide some of the Information identified above in order to obtain specific products or services (such as registering for the Advanced Marketing Program or logging in to download NeilPatel.com reports). If you choose not to provide the Information we request, you may still use NeilPatel.com, but you may be unable to access certain features or services.

When you register to receive any products or services from tuffydigital data and AI solutions or provide information to tuffydigital data and AI solutions in any other manner, you agree to provide only true, accurate, current and complete information.

Information automatically collected about you

tuffydigital data and AI solutions may automatically receive and log certain types of information when you visit or interact with our websites, services, mobile applications or other products, including:

• Browser information
• Operating system information
• Mobile device information (e.g., device identifier, mobile operating system, etc.)
• IP address
• Internet service provider
• Content viewed
• Geographic location
• Connection speed
• Time of visit
• Referring site, application, or service
• Registration time

These tools use ‘cookies’, which are text files placed on your computer, to collect standard internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the website (including your IP address) is transmitted to Google and sometimes other vendors. This information is then used to evaluate visitors’ use of the website and to compile statistical reports on website activity.

We will never (and will not allow any third party) use the statistical analytics tool to track or to collect any personally identifiable information of visitors to our site. The Web Analytics vendors do not associate your IP address with any other data held by them. Neither we nor the web analytics Vendors will link, or seek to link, an IP address with the identity of a computer user. We will not associate any data gathered with any personally identifying information from any source unless you explicitly provide consent, on the understanding that this may restrict your use of the Services.

You have the ability to accept or decline cookies by modifying the settings on your browser.

Information collected if you provide your website and expressly consent

• Keywords your site ranks for
• Click volume
• Search volume
• Click volume from mobile versus desktop traffic

Information from our partners

If you choose to use any third-party website or service that is integrated with tuffydigital data and AI solutions, including a third-party social networking, reporting or blogging site, such as LinkedIn, Facebook, Twitter, Google Analytics, Hotjar, or WordPress (“Third-Party Websites”) – or if you use any tuffydigital data and AI solutions application provided through any Third-Party Website – we may receive Information, including Personally Identifying Information, from such Third-Party Websites, including, but not limited to:

• Name
• Nickname or username
• Photo or graphic avatar
• Unique Third-Party Website identifier (e.g., Facebook User ID)
• Biographical or demographic information (e.g. professional title, gender, college attended, etc.)
• Likes and interests
• Contacts/friends/associations
• Any information that is publicly available on Third-Party Websites

For example, tuffydigital data and AI solutions may offer the ability to use certain Third-Party Websites to facilitate your registration on tuffydigital data and AI solutions. We may also use information about your profile and connections on Third-Party Websites to allow you to share or connect with your friends and contacts on tuffydigital data and AI solutions or to personalize your experience. In addition, tuffydigital data and AI solutions offers “plugins” and “widgets” from various Third-Party Websites that allow you to share tuffydigital data and AI solutions content off of our service.

Your decision to use, or share with, a Third-Party Website when accessing or using tuffydigital data and AI solutions products and services is completely voluntary. tuffydigital data and AI solutions is not responsible for compliance with the policies or practices of any Third-Party Website. You should ensure that you are comfortable with the information such Third-Party Websites may make available to tuffydigital data and AI solutions by reviewing those Websites’ privacy policies and service terms, and by modifying your privacy settings and preferences on those Services.

Any information we receive from Third-Party Websites will be governed by this Privacy Policy.

Publicly available information

We might gather information about you that is publicly available.

Transfer of personal data abroad

If you utilize the Services from a country other than the country where the tuffydigital data and AI solutions servers are located, your communications with tuffydigital data and AI solutions may result in transferring your personal data across international borders. Also, when you call tuffydigital data and AI solutions, we may provide you with support from our locations which may be outside of your country of origin. In these cases, your personal data is handled according to this Policy.

How we use your Personal Data

We use your Personal Data to:

• Provide tuffydigital data and AI solutions products and services
• Fulfill your requests
• Communicate with you
• Improve our products and services
• Develop new services or products
• Personalize and tailor your experience on tuffydigital data and AI solutions
• Operate our business
• Understand how users are engaging with tuffydigital data and AI solutions
• Protect tuffydigital data and AI solutions, our users, or others. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm tuffydigital data and AI solutions, our users, or others.

We use your Personal Data on legitimate grounds and with your consent.

On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:

• To identify you for communication purposes
• To provide you a service or to send/offer you a product
• To communicate either for sales or invoicing

On the ground of legitimate interest, we Process your Personal Data for the following purposes:

• To send you personalized offers (from us and/or our carefully selected partners);
• To administer and analyze our client base (purchasing behavior and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
• To conduct questionnaires concerning client satisfaction

As long as you have not informed us otherwise, we consider offering you products/services that are similar or same to your purchasing history/browsing behavior to be our legitimate interest.

With your consent we Process your Personal Data for the following purposes:

• To send you newsletters and campaign offers (from us and/or our carefully selected partners);
• To build a database of relevant search information to improve the quality, variety, and availability of our products and services;
• For other purposes we have asked your consent for

We Process your Personal Data to fulfill obligations arising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymize Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymized. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law.

We might process your Personal Data for additional purposes that are not mentioned here but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:

• The link between purposes, context and nature of Personal Data is suitable for further Processing;
• The further Processing would not harm your interests; and
• There would be appropriate safeguard for Processing.

We will inform you of any further Processing and purposes.

Who else can access your Personal Data

We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:

Our processing partners:

• Amazon Web Services
• WPengine

Our business partners:

• tuffydigital data and AI solutions
• tuffydigital data and AI solutions, LLP
• NPAccel
• Partners International Ltda
• Angels & Entrepreneurs

Connected Third Parties:

• Crazy Egg
• Google Analytics
• Google Optimize
• Google BigQuery
• Google API
• Hotjar
• Facebook
• Twitter
• LinkedIn
• WordPress
• GoToWebinar
• WebinarJam
• EverWebinar
• ConvertKit
• Subscribers
• Salesforce

We only work with Processing partners who are able to ensure an adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it including for business or commercial purposes. At times, we may not be available to provide marketing services for you so we have established relationships with companies who may be able to better serve your marketing needs.

Some of our products will ask you to identify with either Google or Facebook so we can retrieve information on your behalf. We will not look at your individual data. We do reserve the right to aggregate usage data to measure the performance of our applications, but no identifiable personal information will ever be disclosed to third parties.

To opt out, please contact us at neil@neilpatel.com.

External Links

You should be aware that other Internet sites that are linked from the tuffydigital data and AI solutions websites or from tuffydigital data and AI solutions e-mail messages may contain privacy provisions that differ from the provisions of this Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.

Nevada Consumers

Nevada law gives Nevada consumers the right to request that a company not sell their personal information. This right applies even if their personal information is not currently being sold. If you are a Nevada consumer and wish to exercise this right, please submit your request by filling out the form after clicking on this link.

Your California Privacy Rights

tuffydigital data and AI solutions, at times (including in the past 12 months), sells the Personal Information of users to Third Parties for the Third Parties’ direct marketing purposes and discloses Personal Information to Third Parties for our business purposes.

If you are a California resident, you have the right to:

• Opt-out of the sale of your Personal Information to certain affiliates and other Third Parties for their marketing purposes. To exercise this right, please submit your request by filling out the form after clicking on this link, or by emailing neil@neilpatel.com. You do not need to verify your identity to opt out. – Or you can go to this page, Do Not Sell My Info.
• Request to know the categories of your Personal Information we have collected, used, sold, and/or disclosed to Third Parties, for the Third Parties’ direct marketing purposes or for our business purpose, during the preceding twelve months;
• Request that we delete your Personal Information we have collected and notify Third Parties to whom we have sold your Personal Information within the 90 days prior to your request that you have exercised your right to opt-out, and instruct the Third Parties not to further sell the information. To ensure we don’t delete information you don’t truly want deleted, we will require a two-step process where we will ask you to confirm you want your Personal Information deleted; and
• Not receive discriminatory treatment by us for exercising your right to privacy under the California Consumer Privacy Act. To submit your request to know and/or delete, please call 1 (800) 656-1628 or click here.
  • 1. For your protection, we will require that you verify your identity before we provide you with information about the use of your Personal Information. The means of verification will depend on the sensitivity of the information you are requesting, but will not be more burdensome than necessary to protect your Personal Information.
    • (a)  If you have a password-protected account, we may require you to login to confirm your identity or we may ask that you comply with item (b) below.
    • (b)  If you do not have a password-protected account, we will ask that you match personal information we maintain for you.
  • 2. Categories: If you are requesting the specific categories of personal information we maintain, we will ask you to match at least two items of your Personal Information.
  • 3. Specific pieces: If you want to know specific pieces of your Personal Information that we maintain, we may require you to match at least three items of your Personal Information and have you provide a declaration, signed under penalty of perjury, confirming your identity.
  • 4. Request to delete:  Depending on the sensitivity of the information you are requesting be deleted, we will require that you comply with either 1(a) or 1(b) of this Section
  • 5. Authorized Agent: An Authorized Agent may exercise your right to know, right to delete, or right to opt out, but we will need some extra paperwork to be sure you gave them permission. The Authorized Agent will need to provide:
    • (a) Written permission from you and verification of their own identity; or
    • (b) A Power of Attorney.

How we secure your data

We do our best to keep your Personal Data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymizing and pseudonymizing where suitable. We monitor our systems for possible vulnerabilities and attacks. Stored data is encrypted when possible.

Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you have an account with us, note that you have to keep your username and password secret.

Children

We recognize the particular importance of protecting privacy where children are involved. We do not intend to collect, knowingly collect, sell, or solicit Personal Information from anyone under the age of 16. We do not target children with our services. If you are under 16, do not use or provide any information on the Website or through any of its features. If you believe that a child under the age of 16 may have provided us Personal Data online, we ask that a parent or guardian contact us at neil@neilpatel.com.

Cookies and other technologies we use

We use cookies and/or similar technologies to analyze customer behavior, administer the website, track users’ movements, and to collect information about users. This is done in order to personalize and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

• Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
• Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalized features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
• Analytics cookies – these cookies are used to track the use and performance of our website and services
• Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organizations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organization.

Here are the cookies we use:

• Cookie policy – persistent cookie – 1-year duration – we set this cookie to limit showing the cookie policy on every page view/visits.
• Google Analytics – persistent cookie – 2-year duration – we use Google Analytics to improve the user experience on the website (you can opt out here)
• Crazy Egg – third party cookie – 6-month duration – we use Crazy Egg to improve the user experience on the website
• Redirection cookie – persistent cookie – 1-year duration – we redirect you to the language that is best suited from the country you are visiting from
• Popup cookie – persistent cookie – 1-year duration – we offer you the chance to be notified of new content and marketing materials
• Subscribers.com – persistent cookie – 10 year duration – you have to opt in through your browser to receive anything through subscribers and you can opt out through your browser settings.
• YouTube – persistent cookie – 30-day duration – we embed YouTube videos onto our site to provide you with additional educational material.
• HubSpot – persistent cookie – 2-year duration – we use HubSpot as our CRM to follow up with sales leads
• OnceHub – persistent cookie – 2-year duration – this allows you to schedule calls with our team
• Wistia – persistent cookie – 1-year duration – we use Wistia to stream educational content.

You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.

We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.

Our “Do Not Track” Policy

California and Delaware law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there isn’t an industry or legal standard for recognizing or honoring browser DNT signals, we don’t monitor or respond to them at this time.

Arbitration Clause

Individual Arbitration as Sole Remedy for Dispute Resolution

Any dispute, claim or controversy arising out of or relating to this Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding individual (not class, representative, nor collective) arbitration in San Diego, California before one arbitrator. The language to be used in the arbitral proceedings will be English. The arbitration shall be administered by the Office of Judicial Arbitration and Mediation Service (“JAMS”). JAMS’s rules governing the arbitration may be obtained from JAMS’s website, which currently is www.jamsadr.com. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

If you are not a resident of the United States, then any dispute, controversy or claim arising out of or relating to this Privacy Policy, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by final and binding individual arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be San Diego, California. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Negotiation in Advance of Arbitration

1. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Privacy Policy promptly by negotiation between persons who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Privacy Policy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.
2. Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
3. At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Privacy Policy except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 1 above.

Requirements for Modification or Revocation This agreement to arbitrate shall survive the termination of tuffydigital data and AI solutions’s relationship with you. It can only be revoked or modified by a writing executed by tuffydigital data and AI solutions and you that specifically states an intent to revoke or modify this agreement to arbitrate.

Claims Covered by Arbitration Clause

tuffydigital data and AI solutions and you mutually consent to the resolution by final and binding arbitration of all claims or controversies (collectively, the “Claims”) that tuffydigital data and AI solutions may have against you or you may have against tuffydigital data and AI solutions or against its past, present, or future predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, and their respective past, present, or future officers, directors, employees, stockholders, representatives, managers, members, partners, agents, advisors, insurers, and indemnities (collectively referred to as the “tuffydigital data and AI solutions Parties”), relating to, resulting from, or in any way arising out of your relationship with tuffydigital data and AI solutions. The Claims include, but are not limited to claims for penalties, fines, claims for breach of any contract (express or implied); tort claims (including, but not limited to, those relating to reputation); claims for violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; and claims for violation of any public policy, federal, state, international, or other governmental law, statute, regulation, or ordinance.

Required Notice of Claims and Statute of Limitations

tuffydigital data and AI solutions may initiate arbitration by serving or mailing a written notice to you at the last known address. you may initiate arbitration by serving or mailing a written notice to tuffydigital data and AI solutions. The written notice must specify with reasonable particularity the claims asserted against the other party. Notice of any claim sought to be arbitrated must be served within the limitations period established by applicable federal or state law. After demand for arbitration has been made by serving written notice, the party demanding arbitration shall file a demand for arbitration with the Office of Judicial Arbitration and Mediation Service (“JAMS”) located in San Diego, California.

Confidentiality

The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Dispositive Motions

In any arbitration arising out of or related to this Agreement:

1. Any party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost-effective. The other side shall have a brief period within which to respond.
2. Based on the letters, the arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion.
3. If the arbitrator decides to go forward with the motion, he/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion.
4. Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.

Document Requests

In any arbitration arising out of or related to this Agreement, requests for documents:

1. Shall be limited to documents which are directly relevant to significant issues in the case or to the case’s outcome;
2. Shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and
3. Shall not include broad phraseology such as “all documents directly or indirectly related to.”

E-Discovery

In any arbitration arising out of or related to this Agreement:

1. There shall be production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes or other media.
2. Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format which is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.
3. The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute.
4. Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award. 

Interrogatories and Requests to Admit. In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.

Governing Law and Arbitrator Authority

1. Except as otherwise provided herein, this Privacy Policy and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the state of California, exclusive of conflict or choice of law rules.
2. The Parties acknowledge that this Privacy Policy evidences a transaction involving interstate or international commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitrator shall apply the substantive laws (and the law of remedies, if applicable) of the state of California, federal law, or international law, as applicable to the claim(s) asserted.
3. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including, but not limited to, any claim that all or any part of this Privacy Policy is void or voidable and issues of arbitrability of any matter herein.
4. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.

Arbitration Decision

The arbitrator’s decision shall be final and binding and shall not be subject to appeal. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. Any decision or award made by the arbitrator shall be enforceable by a court of competent jurisdiction. The parties irrevocably stipulate to the confidential nature of the arbitral award and proceedings and further stipulate that the award and any papers of the proceedings shall only be filed with a court of competent jurisdiction under confidential seal and only to enforce an arbitral award or decision.

Application for Emergency Injunctive and/or Other Equitable Relief. JAMS Comprehensive Rules shall apply for the appointment of an Emergency Arbitrator to address and decide a request for emergency relief.

WAIVER OF REPRESENTATIVE/CLASS ACTION PROCEEDINGS

BY REGISTERING TO RECEIVE ANY PRODUCTS OR SERVICES FROM US OR PROVIDING YOUR INFORMATION TO US IN, YOU KNOWINGLY AND VOLUNTARILY AGREE TO BRING ANY CLAIMS (LAWSUITS) AGAINST tuffydigital data and AI solutions IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, GROUP, OR REPRESENTATIVE IN ANY PURPORTED REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING (A LAWSUIT WHERE YOU SUE AS A GROUP RATHER THAN BEING THE ONLY PLAINTIFF) RELATED TO ANY CLAIMS GOVERNED BY THIS PRIVACY POLICY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIVE ACTION UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200 ET SEQ.

WAIVER OF JURY TRIAL/EXCLUSIVE REMEDY

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION REWARD IS LIMITED.  BY AGREEING TO ARBITRATION, tuffydigital data and AI solutions AND YOU ARE AGREEING TO WAIVE ANY CONSTITUTIONAL RIGHT TO A JURY OR COURT TRIAL OF COVERED CLAIMS.

Arbitration Fees and Costs

Each party shall advance its own costs and expenses in any such arbitration and one-half (1/2) of the arbitrator’s fees and costs, however, the arbitrator shall award attorneys’ fees and costs to tuffydigital data and AI solutions if tuffydigital data and AI solutions is the prevailing party. Any decision or award of such arbitration proceeding shall be confidential and may be made public only with the prior written consent of both you and tuffydigital data and AI solutions.

Severability (Arbitration Clause)

tuffydigital data and AI solutions and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Arbitration Clause.

Contact Information

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at: neil@neilpatel.com

You may also write to us at:

tuffydigital data and AI solutions
750 B ST STE 1400
SAN DIEGO CA 92101-8190

Severability (Privacy Policy)

tuffydigital data and AI solutions and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Privacy Policy is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Privacy Policy.

Changes to this Privacy Policy

This Privacy Policy may be updated periodically and without prior notice to you. We will post a prominent notice on our Website to notify you of any significant changes to our Privacy Policy and indicate at the top of the Privacy Policy when it was most recently updated.