[et_pb_section fb_built=”1″ _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”][et_pb_row _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”][et_pb_text _builder_version=”4.16″ _module_preset=”44fae238-23e0-4718-8502-8210ef313cee” header_font_size=”36px” custom_margin=”||0px||false|false” global_colors_info=”{}”]
[/et_pb_text][et_pb_text _builder_version=”4.16″ _module_preset=”edc10f01-f8c4-4af0-8865-ab4a0599e262″ text_font_size=”16px” ul_font_size=”16px” global_colors_info=”{}”]The following terms and conditions, as well as any future modifications (the “Terms”) are a contract between you or your company (“you” or “your”) and Gaglers, Inc., a Delaware corporation (“CallHub”, “we,” “us,” or “our”) governing your use, and CallHub’s provision, of the Services (as defined below). By using CallHub’s web-based interface, messaging applications, voice broadcast applications, data encryption, data transmission, data access, data storage, application programming interfaces, networks, and websites, including, but not limited to www.callhub.io, (collectively, the “Services”), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms.[/et_pb_text][et_pb_text _builder_version=”4.16″ _module_preset=”edc10f01-f8c4-4af0-8865-ab4a0599e262″ text_font_size=”16px” ul_font_size=”16px” global_colors_info=”{}”]
You may review the most current version of the Terms at any time on the CallHub website at http://www.callhub.io/terms/ (“Term Page”). CallHub reserves the right to update and change the Terms from time to time without notice, effective immediately, by posting the updated Terms on the Term Page. Your continued use of the Services after any such changes shall constitute consent to such changes. You agree to review the Terms periodically to be aware of any such revisions. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, OR CEASE YOUR USE OF, THE SERVICES. BY CONTINUING TO USE THE SERVICES, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
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[/et_pb_text][et_pb_text _builder_version=”4.16″ _module_preset=”8d206bbd-14fb-485b-81b5-83ba4b8f459d” header_2_font_size=”32px” custom_margin=”||0px||false|false” locked=”off” global_colors_info=”{}”]
[/et_pb_text][et_pb_text _builder_version=”4.16″ _module_preset=”edc10f01-f8c4-4af0-8865-ab4a0599e262″ text_font_size=”16px” ul_font_size=”16px” locked=”off” global_colors_info=”{}”]You agree to use the CallHub Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.
CallHub only provides that the Services are processed correctly and delivered by CallHub to the applicable network. CallHub is not responsible for the final delivery of any communication initiated through CallHub’s Services, as this is out of our control and is the responsibility of the communications carrier.
CallHub transmits and receives text messages and voice broadcasts via major telecommunications companies and mobile network operators, and thus CallHub’s influence over the timing of the transmission of your messages and broadcasts is within the technical constraints imposed upon CallHub. While CallHub shall use commercially reasonable efforts to transmit your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. CallHub is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from CallHub for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.[/et_pb_text][et_pb_text _builder_version=”4.16″ _module_preset=”8d206bbd-14fb-485b-81b5-83ba4b8f459d” header_2_font_size=”32px” custom_margin=”||0px||false|false” locked=”off” global_colors_info=”{}”]
[/et_pb_text][et_pb_text _builder_version=”4.16″ _module_preset=”edc10f01-f8c4-4af0-8865-ab4a0599e262″ text_font_size=”16px” ul_font_size=”16px” locked=”off” global_colors_info=”{}”]We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.[/et_pb_text][et_pb_text _builder_version=”4.16″ _module_preset=”8d206bbd-14fb-485b-81b5-83ba4b8f459d” header_2_font_size=”32px” custom_margin=”||0px||false|false” locked=”off” global_colors_info=”{}”]
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You represent and warrant that the owners of the phone numbers you provide to CallHub, to which outbound messages and broadcasts are transmitted through the Services, have consented or otherwise opted-in to the receipt of such messages and broadcasts. You agree that you will adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the CallHub Services and the CallHub Sites.
You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts transmitted through the CallHub Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the CallHub Services by visiting the following websites:
The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. CallHub is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using the CallHub Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.
You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the CallHub Sites or Services.
You accept that the Services are provided for professional use only, and you agree that your use of the CallHub Sites or Services shall not include:
You also agree to not transmit any messages that are prohibited. Transmitting messages containing the following types of content are explicitly prohibited:
1. Sexual or pornographic
2. Considered abusive or harassing.
3. Firearms (including fireworks).
4. Alcohol, tobacco, or illegal drugs.
5. Loans, loan forgiveness, credit repair, debt collection, or tax related content.
6. Gambling.
7. Investment opportunities.
8. Unsolicited real estate enquiries such as WeBuyHomes.
9. Multilevel marketing.
10. Persistent receiving or sending of one time pass-codes from or on behalf of other service providers.
You agree to provide legal contact information in any outbound campaign within the initial greeting message. You further agree that CallHub is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and CallHub will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You will provide your own sound files for all outbound campaigns. CallHub will not be liable for any misuse of the Services by you. CallHub is not responsible for the views and opinions contained in any of your messages or broadcasts.
Customer will not purposely route calls to high cost non-RBOC (Regional Bell Operating Company) areas for origination or termination of telecommunications traffic on the CallHub system. Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be addressed to customer by CallHub and fines may be assessed to recover excess charges from CallHub VoIP termination companies.
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YOUR COMPANY, NONPROFIT AND/OR END USER IS LIABLE FOR ALL CALLS ORIGINATING FROM YOUR ACCOUNT. You expressly understand and agree to usage and liability agreement at http://callhub.io/liability/
CallHub does not warrant that:
You expressly understand and agree that CallHub shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CallHub has been advised of the possibility of such damages), resulting from your usage of the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CALLHUB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CALLHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN ANY WAY RELATING TO OR ARISING FROM THIS AGREEMENT. IN NO EVENT SHALL CALLHUB OR ITS RESPECTIVE SUPPLIERS AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED THE FEES PAID FOR THE IMMEDIATELY PRECEDING MONTH BEFORE THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
[/et_pb_text][et_pb_text _builder_version=”4.16″ _module_preset=”8d206bbd-14fb-485b-81b5-83ba4b8f459d” header_2_font_size=”32px” custom_margin=”||0px||false|false” locked=”off” global_colors_info=”{}”]
[/et_pb_text][et_pb_text _builder_version=”4.16″ _module_preset=”edc10f01-f8c4-4af0-8865-ab4a0599e262″ text_font_size=”16px” ul_font_size=”16px” locked=”off” global_colors_info=”{}”]We take your privacy seriously. The policy covers CallHub’s treatment of information collected through the use of Services, third-party partners (“Partners”), or other reasonable means that may happen through normal interaction with us. The policy does not apply to entities that CallHub does not own or control, or persons that CallHub does not employ or manage. Nevertheless, CallHub will take all reasonable means to maintain your privacy as described below when working with third parties. Our privacy policy is detailed in our privacy policy page. [/et_pb_text][et_pb_button button_url=”https://callhub.io/privacy-policy/” button_text=” Read Privacy Policy” button_alignment=”left” _builder_version=”4.16″ _module_preset=”04809706-08df-4ad2-be78-3e5f49167a38″ global_colors_info=”{}”][/et_pb_button][et_pb_text _builder_version=”4.16″ _module_preset=”edc10f01-f8c4-4af0-8865-ab4a0599e262″ text_font_size=”16px” ul_font_size=”16px” locked=”off” global_colors_info=”{}”]If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact CallHub at [email protected][/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]
Gaglers Inc, a Delaware corporation (“CallHub”, “we,” “us,” or “our”) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.
[/et_pb_text][et_pb_text _builder_version=”4.7.3″ _module_preset=”edc10f01-f8c4-4af0-8865-ab4a0599e262″ text_font_size=”16px” ul_font_size=”16px”]This version was last updated on 19th May 2018.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
[/et_pb_text][et_pb_text _builder_version=”4.7.3″ _module_preset=”8d206bbd-14fb-485b-81b5-83ba4b8f459d” header_2_font_size=”32px” custom_margin=”||0px||false|false” locked=”off”]This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
[/et_pb_text][et_pb_text _builder_version=”4.7.3″ _module_preset=”8d206bbd-14fb-485b-81b5-83ba4b8f459d” header_2_font_size=”32px” custom_margin=”||0px||false|false” locked=”off”]Identity Data includes first name, maiden name, last name, username or similar identifier
Contact Data includes billing address, delivery address, email address, website address, and telephone numbers.
Financial Data includes bank account and payment card details.
Professional Data includes your company name, company size, business type, your customer information.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your account registration data, such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses, and any other information you provide us.
Usage Data includes information about how you use our website, products and services, such as the phone number placing and receiving calls, the date of the call, duration of the call, other call related meta-data, text message data, the phone number sending and receiving the message, the date of the message and the content of the message.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, your communication preferences and any account information from add-ons and other third-party services you use in conjunction with our services.
[/et_pb_text][et_pb_text _builder_version=”4.7.3″ _module_preset=”edc10f01-f8c4-4af0-8865-ab4a0599e262″ text_font_size=”16px” ul_font_size=”16px” locked=”off”]We also collect and use Identity, Contact and Profile data about other individuals that you submit to us to use the services. YOU SHOULD ALWAYS OBTAIN THE CONSENT OF SUCH INDIVIDUALS BEFORE PROVIDING US WITH SUCH INFORMATION. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.[/et_pb_text][et_pb_text _builder_version=”4.7.3″ _module_preset=”8d206bbd-14fb-485b-81b5-83ba4b8f459d” header_2_font_size=”32px” custom_margin=”||0px||false|false” locked=”off”]We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by mail, phone, email or otherwise. This includes personal data you provide when you:
use our products or services including to make telephone calls and send text messages;
create an account on our website;
subscribe to our service or publications;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give us some feedback.
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
Technical Data from the following parties:
Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
Identity and Contact Data from data brokers or aggregators.
Identity and Contact Data from publicly availably sources.
Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
To register you as a new customer and to allow you to maintain and customize your customer account/profile | (a) Identity (b) Contact | Performance of a contract with you |
To process and deliver your order for services including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us | (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey | (a) Identity (b) Contact (c) Profile (d) Marketing and Communications | (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
To enable you to partake in a prize draw, competition or complete a survey | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) |
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Technical | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) (b) Necessary to comply with a legal obligation |
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical | Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences | (a) Technical (b) Usage | Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
To make suggestions and recommendations to you about goods or services that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile | Necessary for our legitimate interests (to develop our products/services and grow our business) |
We share your personal data within the CallHub Group. This will involve transferring your data outside the European Economic Area (EEA).
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
[/et_pb_text][et_pb_text _builder_version=”4.7.3″ _module_preset=”8d206bbd-14fb-485b-81b5-83ba4b8f459d” header_2_font_size=”32px” custom_margin=”||0px||false|false” locked=”off”]Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights include the right to:
Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
[/et_pb_text][et_pb_text _builder_version=”4.7.3″ _module_preset=”8d206bbd-14fb-485b-81b5-83ba4b8f459d” header_2_font_size=”32px” custom_margin=”||0px||false|false” locked=”off”]Sub-processor | Types of data transferred | Purpose for the data transfer | Location |
AWS | Personal data contained in communications customers send or receive through CallHub’s services. | Provision of communication products and services, including transmittal to or from customer software applications from or to the publicly-switched telephone network (PSTN) or other specified origination and termination points. Storage. | USA |
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing
of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
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