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PRIVACY NOTICE

Last Update: November 21, 2023

Privacy Policy

This Privacy Notice describes how we collect, use, and disclose Personal Information in connection with your use of our websites, mobile applications, and related webpages (collectively, “Websites”) as well as Personal Information we receive from third-parties and through technology running on our Websites. It also describes how we share, disclose, or sell your Personal Information to service providers, contractors, and third-parties to provide you the products and services you have requested throughout our Websites as well as to operate our services, run our Websites, and perform other business activities (collectively, "Services"). Please read this Privacy Notice carefully to understand how we will treat your Personal Information. If you do not agree with our policies and practices, do not use the Websites or Services.

1. INFORMATION WE COLLECT.

We may collect information that personally identifies, relates to, describes, or is capable of being associated with you (collectively “Personal Information”), including:

  • Identifiers, which may include your name, physical address, email address, phone number, mobile number, date or birth, social security number, bank account numbers and names, and other similar identifiers.
  • Commercial and Customer information, which may include your visiting one of our client’s websites, purchase of products or services from us or third-parties, profile information relating to your interests, internet usage, search history, feedback information, communication preferences, customer service, and communication history.
  • Internet or other electronic network activity information, which includes your IP address, log data, analytics data, device ID, and other data collected through pixels, cookies, web beacons, JavaScript, and similar technologies on our and third-party websites. This may also include your browsing history, search history, and your interaction with a website, app, or advertisement.
  • Geolocation data, when we collect your IP address, we collect your general geographic location at the time you are viewing our Websites. If you provide your address in response to a prompt, then we collect your precise geo collection.
  • Audio, electronic, visual, or similar information, where permitted by law, we may record phone calls between us or our customer service providers. We also implement technology on our Websites which tracks and captures your browsing and use of Services while on our Websites, as described in this policy.
  • Education, Professional, or employment-related information, when responding to a prompt or when verifying your identity, or providing you with our services, we may collect your educational background, profession, and employment related information including the business or organization you are employed by or represent, your title with that business or organization, your salary and information relating to your role with the business or organization.
  • Demographic information, which may include your gender, age, date of birth, ethnicity, race, estimated incomes, household information, some of which may include characteristics of sensitive or protected classifications.
  • Internet or other electronic network activity, when you enter our Websites, we may have technology which is tracking your browsing history, searches, and information of your interaction with our Websites, or advertisement as described in this policy.
  • Inferences drawn from Personal Information or data, we use all of the information we and third-parties collect from you and others to draw an inference about what interests you have, when and how you would like to be contacted, or type of times you view marketing materials which is based on collective information of our and third-party’s analysis of your trends and this may include making a profile of you, which includes all information we or they have collected.
  • Sensitive Personal Information. We collect sensitive personal information, as defined in applicable privacy laws, for the purpose allowed by law or with your consent. We do not collect or process sensitive personal information for any purpose other than that disclosed to you at the time of obtaining the same nor do we use sensitive personal information about you to infer characteristics about you.

2. HOW WE COLLECT INFORMATION.

Generally, we collect Personal Information, directly from you when you visit our Websites, and you provide information when prompted or fill out our registration form or survey or contact us directly. We also collect your information automatically when you visit our Websites, Webpages, or use our apps, or provide it to use for any purposes. We also collect information about you from third-parties, contractors, and service providers who we contract with to obtain such information.

A.  Directly From You. We may collect Personal Information directly from you when you provide it to us through the Website, webpages, app, or services. This may include the information you provide in response to our request or prompt. We may also receive information from you when you contact us with questions or concerns.

B.  Information Collected Through Technology. When you visit or interact with the Websites, webpages, or app, we may use a variety of technologies such as pixels, cookies, clear GIFs, pixel tags, log files, JavaScript, web beacons, and other technologies or third-party services which automatically or passively collect Personal Information about you and your interactions with Websites, webpages, or app. When you open or click on marketing or transactional emails sent to you, including opening, clicking through a link in the email, or deleting the email, we, or third-parties with whom we work, automatically collect certain information about you using online tracking technologies. As such, We may also automatically collect the following information about you through our and third-party technology:

  • Cookies, Pixel Tags/Web Beacons, and Analytics Information. We, as well as third-parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your device that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.
    • Cookies. Cookies are small text files placed in device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
    • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about engagement on the Services. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in emails to understand whether messages have been opened, acted on, or forwarded.
    • Analytics. We may also use Google Analytics and other service providers to collect and process analytics information on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt-out of Google’s collection and processing of data generated by your use of the Site by going to https://tools.google.com/dlpage/gaoptout
  • Computer or Device Information. We automatically collect your Internet Protocol ("IP") address or other unique identifier or information from the computer, mobile device, tablet you use to access the Websites, including but not limited to your browser type, device type, system type, and the domain name from which you accessed the Websites.
  • Usage Information. We may collect information about your use of the Websites, including the date and time you visit the Websites, the content, areas or pages of the Websites that you visit, the website or app from which you navigated to the Websites, the page or app you visit after leaving the Websites, the amount of time you spend viewing or using the Websites, the number of times you return to the Websites, as well as other click-stream or usage data, and whether you open, forward, or click-through an email or display ad to the Websites. For legal compliance purposes, we may also capture or record your interactions with the Website to confirm that your information was submitted to us.
  • Third-party Providers. We use third-party service providers to support our Websites and general information flow. Some of these service providers may use technology such as pixels, cookies, web beacons, pixel tags, log files, Flash cookies, or HTML5 cookies to receive, collect, and store information on your computer for later access and usage.
  • Site Recordation Technology. We use site visit recordation technology to memorialize site visits, including technology provided by third-parties, including Jornaya’s Lead ID or Active Prospect’s TrustedForm, as applicable. We use LeadID and/or TrustedForm to independently document users’ consent to be contacted. We use LeadID and/or TrustedForm to independently document users’ consent to be contacted. The LeadID and/or TrustedForm Script is embedded on our Websites and collects the following information when you interact with the page(s) where the script is present: page URL, mouse movements and clicks, contact information inputted by the user, a snapshot of the page, including IP address of the user’s computer, time on the page, date and time that the LeadID and/or TrustedForm Script was loaded, as well as the date and time of the various user interactions with the page, and HTTP headers from the user’s browser. For more information about ActiveProspect’s data use and collection policies and practices, please review the ActiveProspect Privacy Policy, at https://activeprospect.com/privacy-policy/. For more information about Jornaya’s data use and collection policies and practices, please review the Jornaya Privacy Policy, at https://www.jornaya.com/consumer-privacy-policy/.
  • Use of Third-Party Analytics and Technologies: We may use various ad services provided by Google that connects the activity on our Websites with their advertising network and they may use cookies that collects information regarding certain patterns in your browsing history. To opt-out of this tracking, please see https://support.google.com/ads/answer/2662922?hl=en. We also participate in all of Google’s Analytics Advertising. This includes: (i) Remarketing with Google Analytics; (ii) Google Display Network Impression Reporting; (iii) Google controlled Campaign Manager integration; and (iv) Google Analytics Demographics and Interest Reporting. Google uses cookies to track activity performed by Google Analytics and its AdWords or DoubleClick cookie. To opt-out please see https://tools.google.com/dlpage/gaoptout/. We also use Google Analytics which is an analysis service. Google utilizes the data collected through its cookies to track and examine the use of this site, to prepare reports on its activities, and to share them with other Google services. You may opt-out of the Google Analytics service using Google’s Browser Add-on here https://tools.google.com/dlpage/gaoptout/.
  • Information from Third-Party Websites or Services: If you link to us through a third-party website, email, or service, such as a social media account, we may automatically receive certain information about you based on your registration and privacy settings on those third-party websites or services. This may include, but may not be limited to, your name, username, demographic information, updated address or contact information, location, interests, and online activity.

C.  Information Collected From Third-Party Sources. We may acquire Personal Information from other sources as follows:

  • Business Associates. We may receive information from third-party business associates such as Advertisers who use our marketing business, data aggregators, networks, publishers, and third-party analysts. In part, this tracking is used to invoice clients and confirmation of action resulting in payment to us. This includes all categories of information set forth above as part of our collection.
  • Service Providers: We use third-party service providers to support our Websites and Services and business processes including without limitation, identifiers, internet and electronic network activity, general geo location, and inferences.
  • Third-parties: We may obtain Personal Information about you from third-party sources, including commercially available sources, data aggregators, and public databases, as well as companies that license or sell your information, they have collected about you to us. This information may include your name, general geographic information, IP Address, and publicly-observed data.
  • Third-Party Analytics and Technology. We also permit third-parties and service providers to use online tracking technologies on our Websites for analytics and advertising, including to manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third-parties and service providers use their technology to provide analytics and advertising about products and services tailored to your interests which may appear either on our Websites or on other websites. To the extent these online tracking technologies are deemed to be a “sale” or “sharing” (which includes targeted advertising, as defined under the applicable laws), under applicable U.S. state laws, you can opt-out of these online tracking technologies by submitting a request to us, which is available at the bottom of this policy. Please note, some features of our Websites may not be available to you as a result. For Google Analytics, you may exercise an opt-out going to tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. You may adjust your Google advertising settings by visiting adssettings.google.com.

D.  Combining Information. We may combine the Personal Information we receive from you, third-parties, and information we automatically collect through the Websites and/or Services, as well as information collected from other online or offline sources, including from third-party sources. This will provide us with a profile of you which we may be able to use for provision of our services to you as well as identify other products and services some of which may be provided by third-parties that may interest you.

3. HOW WE USE YOUR INFORMATION.

We use the Personal Information we collect from and about you for any of the following business purposes:

  • To provide our Websites and/or Services to you and to our clients and this may include sending you alerts, newsletters, or other marketing communications.
  • To analyze, improve, operate, and maintain our Websites, Services, and systems, or develop new products, services, or marketing.
  • To obtain and pass information, products, or services that you have requested or may be of service or interest to you from us to third-parties, and this includes passing your information on to our clients who provide the products and services to communicate with you directly.
  • To conduct our obligations and enforce our rights arising from any contracts entered into with you, us, our clients, service provides, or third-parties, involving the services or products you or they have requested or in the operation of our business.
  • To provide you and other users with customized content, targeted offers, and advertising on the Websites, or across other websites, mobile applications, social media, or online services, or via direct mail, email, and/or telemarketing regarding offers, contests, events, news, programs, and other related and unrelated services and products that we believe may be of interest to you.
  • To determine the effectiveness of our marketing programs including use of your data in an aggregated non-specific format for analytical and demographic purposes. Pursue legitimate interests, such as direct marketing, research, and development (including marketing research), network and information security, and fraud prevention, and measure interest and engagement in the Services.
  • Develop new products and services, or improve our products and Services, and ensure internal quality control and safety.
  • Verify individual identity, when necessary, conduct audits or prevent prohibited or illegal services or security protocols; Communicate with you about activities on the Services, and changes to our agreements, and prevent and prosecute potentially prohibited or illegal activities.
  • Provide personalized, targeted, or location-based content, services, and advertising from us and third-parties.
  • In furtherance of security of our databases and company systems including detect, investigate, and prevent fraud and/or activities that violate our policies or an applicable law.
  • To determine the effectiveness of our marketing programs including use of your data in an aggregated non-specific format for analytical and demographic purposes. Pursue legitimate interests, such as direct marketing, research, and development (including marketing research), network and information security, and fraud prevention, and measure interest and engagement in the Services.
  • We use personal information to comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.
  • We may use third-parties to measure and target advertisements on our behalf that are tailored to your online interests or improve our marketing efforts. To facilitate these activities, we allow these third-parties to use cookies, web beacons, pixel tags, and similar technologies to collect certain data and other information about your online activity. We also may display interest-based ads through social media platforms or websites. These tools allow us to personalize our ads based on your shopping experience, without having to share your Personal Information with these social media platforms.
  • We use personal information to support core business functions, including to maintain records related to business process management, loss, and fraud prevention; to collect amounts owing to us; and to provide and maintain the functionality of our Websites, including identifying and repairing errors or problems.

4. WHO WE DISCLOSE, SHARE, AND SELL YOUR PERSONAL INFORMATION TO.

We may disclose, share, and sell your Personal Information as described below.

A.  Third-party Product and Service Providers and Marketers. We disclose, share, and sell your Personal Information to third-party product and service providers to provide you with the products and services you have requested through your registration on our Websites and Services. We also license and sell your Personal Information to third-parties who provide marketing for their clients marketing efforts.

B.  Parent and Affiliated Companies. We may disclose and share your information with our parent company and its subsidiaries for business and operational purposes.

C.  Service Providers. We disclose and share your information to third-party contractors and other service providers that we use to support our business, Websites, and Services.

D.  Sale or Transfer of Business or Assets. We may disclose, share, and sell your Personal Information as part of our sale of assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. If we file for bankruptcy or reorganization, information we have collected about you may be considered our asset and may be included in the assets transferred.

E.  Marketing Vendors and other Third-parties. We may disclose, share, or sell your information to third-parties who provide display and/or email services or other third-party vendors we use who provide cookies, pixel tags, web beacons, clear GIFs, or other similar technologies for our and third-parties use on and to manage and improve our advertising campaigns.

F.  Compliance with Laws. We may disclose your Personal Information to comply with any court order, law, or legal process, including responding to any subpoenas, judicial processes, or government or regulatory requests and investigations. We may disclose and share your Personal Information to third-parties to assist us in compliance with Laws.

G.  Enforcing Our Rights. We may disclose and share your information to enforce or apply our terms of service or other agreements, including for billing and collection purposes, with clients, third-party service provides, and other third-parties or contractors who provide you with the product or service which you have requested or to protect the security of our Websites, servers, network systems, and databases and enforce our contractual rights with these parties.

H.  Aggregate or Anonymous Non-Personal Information. We may disclose, share, or sell aggregate, anonymous, or de-identified non-personal information to third-parties for their marketing or analytics uses.

5. YOUR CHOICES AND OPTING OUT.

A.  Cookies, Tracking Options, and California Do Not Track Disclosures. We, third-parties, and service providers place Cookies and Tracking Technology on parts of our Websites. You may decline or adjust these technologies through your device or Internet browser settings to limit certain tracking or to decline cookies. Please note that by doing so, you may not be able to use certain features on our Websites or take full advantage of all of our offerings. Please refer to your device's settings or your Internet browser's "Help" section for more information on how to delete and/or disable cookies or to control your tracking preferences. Please note that our Websites may not recognize "do not track" requests or headers from some or all browsers. Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. Generally, we use the following types of cookies:

  • Essential/Strictly Necessary: cookies to operate essential features of our Websites. These cookies are required for our Websites function properly. You cannot opt-out of these cookies. These do not remain on your computer after you close out of your browser.
  • Analytics: cookies that track traffic patterns so we can identify popular content, potential problems, securities issues, and perform analytics. Through your device you may opt-out of these cookies. These cookies remain on your computer for a period of up to 90 days after placement.
  • Advertising: cookies that show you advertising on our Websites which may belong to third-parties. Through your device you may opt-out of these cookies. These cookies to do not belong to us.

We also use web beacons (sometimes called pixels) and JavaScript. Through this technology, we can confirm certain actions you take on our Websites and emails. For example, we can track when you open an email and/or an advertisement and/or click through to our advertiser’s pages.

B.  Interest-Based Advertising. You have choices for receiving more relevant advertising on the Websites or across other websites and online services, to learn more about these choices, please see relevant articles at: http://www.aboutads.info/choices/, http://www.networkadvertising.org/choices/ or for your mobile device, please see: http://www.aboutads.info/appchoices. If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available at: https://tools.google.com/dlpage/gaoptout/. Your mobile device may also allow you to adjust your privacy and advertising settings to control advertising. Even if you opt-out, you still may receive advertising from us that is not customized based on your Service or usage information, or advertising from other third-parties.

C.  Unsubscribing from Our Marketing Communications. We provide our customers, as well as individuals referred by our customers, with the opportunity to opt-out of having their information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product or service. To opt-out of marketing communications or to request to be added to our Do Not Call List or Do Not Mail List, you may email us at privacy@realdealsweeps.com. If you receive marketing communications from one or more of our affiliates or subsidiaries, you must opt-out individually from each of the brands from which you are receiving brand-specific marketing communications.

D.  Third-Party Communications. Any third-parties to whom we have disclosed, shared, or sold your information may have their own privacy policies which describe how they use and disclose your information and your choices. We encourage you to visit the websites of those third-parties.

6. CHILDREN'S PRIVACY.

We do not direct market our Websites to children under the age of 16. We do not knowingly collect any Personal Information from children under the age of 16. If we learn that a child under the age of 16, has provided personally identifiable information to the Websites, we will use reasonable efforts to remove such information from our files.

7. DATA SECURITY.

We use reasonable industry-accepted technology and controls to protect your information and data from disclosure to unauthorized third-parties. This includes firewalls, secured facilities, and logged and limited access. Although mostly effective to prevent disclosure, no guarantee can be given that all information you provide to us will not be accessed by unauthorized persons. Thus, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. Any transmission of information, communications, and data to us or through our Websites is at your own risk.

8. RETENTION POLICY.

We retain Personal Information as long as is reasonably necessary to fulfill the purpose for which it was collected, as required by an applicable law, rule, regulation, or contractual provision. We will retain your Personal Information for the purposes of commercial marketing to you until you request, we cease further efforts to provide you such offers or in the event you request deletion of your Personal Information. To determine the appropriate duration of the retention of Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of Personal Information, and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting, and other applicable obligations. As such, we retain Personal Information for as long as you continue to use our Websites and/or services for the purposes explained in our Privacy Notice. When you discontinue the use of our Websites or services, we will retain your Personal Information for as long as necessary to comply with our legal obligations, to resolve disputes, and defend claims, as well as, for any additional purpose based on the choices you have made, such as to receive marketing communications. In particular, we will retain Personal Information provided, including complaints, claims, and any other Personal Information provided during the duration of your agreement with us for the services until the statutory limitation periods have expired and the necessary for the establishment, exercise, or defense of legal claims.
Once retention n of the Personal Information is no longer necessary for the purposes outlined above, we will either delete or de-identify the Personal Information or, if this is not possible (for example, because Personal Information has been stored in backup archives), then we will securely store the Personal Information and isolate it from further processing until deletion or de-identification is possible.

9. STATE RESIDENT RIGHTS.

Consistent with applicable state privacy law, you may exercise the rights described in this section available for your state. Please note that some of the rights may vary depending on your state of residence. Not all rights are available to all US residents outside of the designated state.

  • RIGHT TO KNOW AND ACCESS. Residents of California, Colorado, Connecticut, Utah, and Virginia have the right to confirm whether we are processing Personal Information about you and to obtain certain personalized details about the Personal Information we collected about you, including:
    • The categories of Personal Information collected;
    • The categories of sources of the Personal Information;
    • The purposes for which we collected the Personal Information;
    • The categories of Personal Information disclosed to third-parties, and the categories of recipients to whom we disclosed the Personal Information;
    • The categories of Personal Information shared for cross-context behavioral or targeted advertising purposes, and the categories of recipients to whom we disclosed the Personal Information for those purposes; and
    • The categories of Personal Information sold, and the categories of third-parties to whom we sold the Personal Information.
  • RIGHT TO CORRECT. Residents of California, Colorado, Connecticut, and Virginia have the right to correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information, and the purposes of processing the Personal Information.
  • RIGHT TO DELETE. Residents of California, Colorado, Connecticut, Utah, and Virginia have the right to have us delete the Personal Information we maintain about you, subject to statutory exemptions.
  • RIGHT TO OPT-OUT. Residents of California, Colorado, Connecticut, Utah, and Virginia have the right to direct us not to “sell” your Personal Information to third-parties for monetary or other valuable consideration.
  • RIGHT TO OPT-OUT OF CERTAIN TYPES OF PROFILING AND TARGETED ADVERTISING. Residents of California, Colorado, Connecticut, and Virginia have the right to direct us not to use your Personal Information for automated decision-making or profiling for certain purposes, subject to statutory exemptions.
  • RIGHT TO LIMIT THE USE OF YOUR SENSITIVE PERSONAL INFORMATION. Residents of California and Colorado have the right to limit how your sensitive personal information is disclosed or shared with third-parties. This includes your geolocation; race or ethnicity, religious or philosophical beliefs; the contents of your email, or text messages unless we are the intended recipient of the communication.
  • RIGHT TO LIST OF THIRD-PARTIES BY CATEGORY WITH WHOM YOUR PERSONAL INFORMATION WAS DISCLOSED, SHARED, OR SOLD. Residents of California, Colorado, Connecticut, Utah, and Virginia have the right to obtain a list of categories of companies with whom your Personal Information was disclosed, shared, or sold. This is also located in our primary Privacy Policy.
  • RIGHT TO PORTABILITY. Residents of California, Colorado, Connecticut, Utah, and Virginia have the right to obtain a copy of your Personal Information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
  • RIGHT AGAINST DISCRIMINATION OR RETALIATION. Residents of California, Colorado, Connecticut, Utah, and Virginia have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights.
  • RIGHT TO OPT-OUT OF COOKIES AND ONLINE TRACKING TECHNOLOGY. To the extent our use of online tracking technologies may be considered a “sale” or “sharing” under applicable state privacy law, Residents of California, Colorado, and Connecticut residents may opt-out by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (“GPC”) (on the browsers and/or browser extensions that support such a signal). If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use. If you would like us to make the connection between your browser and your account when you send the GPC signal, and you have not yet opted-out of “sale” or “sharing” your personal information, we recommend you submit your Do Not Sell or Share Personal Information request to us using the method below.
  • HOW TO EXERCISE YOUR RIGHTS. Submit your request to exercise one of the privacy rights identified above, as follows:
    • Submit your request using our online form; or
    • Call: 1 833 940-1487
    • Email Submissions: privacy@realdealsweeps.com
  • RESPONDING TO YOUR REQUEST. Once you have submitted your request, we will respond within the time frame permitted by the applicable law. Please note that we may charge a reasonable fee for multiple requests in the same 12-month period, as permitted by law.
  • HOW TO APPEAL. If you are a Colorado, Connecticut, or Virginia resident, you may appeal our decision to your request regarding your personal information. To do so, please contact us at privacy@realdealsweeps.com. We respond to all appeal requests as soon as we reasonably can, and no later than legally required.

10. CHANGES TO OUR PRIVACY NOTICE.

We reserve the right to make changes to this Privacy Notice including collection, use, sale, and sharing of your Personal Information. We do not provide notice of changes except through our posting on this page. We use your information only in the manner described in this Privacy Notice at the time you register your information with us. Please be sure to review this policy each time you communicate or register with us for the latest policy. Your continued use of the Websites and/or Services after we post a change in the Privacy Notice, means you accept those changes.

11. CONTACT INFORMATION.

To ask questions or comment about this Privacy Notice and our privacy practices, contact us:

Privacy Officer

National Digital Brands LLC

1000 N. West Street, Suite 1200

Wilmington, Delaware 19801