Legal Appendices

RACO Manufacturing & Engineering Co., Inc.

Last Updated: June 2026

Appendix A: Tracking Technologies and Consent

Appendix B: Dispute Resolution

Appendix C: Binding Arbitration Procedures

Appendix D: Data Processing and Vendor Agreements

 

Appendix A: Tracking Technologies and Consent

Section A.1 Tracking Technologies Overview

The Service uses tracking technologies provided by third parties to enable analytics, advertising, attribution, and related functionality. These technologies collect information about your interactions with the Service and may transmit data to third-party servers, including servers located outside your country of residence.

Section A.2 Categories of Tracking Technologies

Analytics Tools

  • Google Analytics: Collects aggregated data about website traffic, user behavior, pages visited, referral sources, device type, and geographic location.
  • HubSpot Analytics: Tracks form submissions, content interactions, email engagement (opens, clicks), and user journey through our website.

Advertising and Attribution Tools

  • Meta Pixel (Facebook): Enables audience creation, conversion tracking, and retargeting ads on Facebook and Instagram. Collects pages visited, events triggered, device identifiers, hashed email addresses, and purchase data.
  • Google Ads Conversion Tracking: Measures conversions from Google Search, Display Network, and YouTube advertising. Collects device type, browser, conversion events, and user IDs.
  • LinkedIn Insight Tag: Measures engagement with LinkedIn content, enables B2B audience targeting, and tracks conversion events for LinkedIn campaigns.

Session Recording / Replay

  • Current Status: We do not currently use session recording or replay tools.
  • Future Implementation: If we implement session recording in the future, this Appendix will be updated and you will be notified. Session recording would capture mouse movements, keystrokes, page scrolls, and form interactions.

Heat-Mapping Tools

  • Current Status: We do not currently use heat-mapping tools.
  • Future Implementation: If we implement heat-mapping in the future, this Appendix will be updated. Heat-mapping would track where users click, hover, and scroll on pages.

Email Tracking

  • Mailchimp / HubSpot Email Pixels: Our email marketing platform uses pixels to detect when you open emails and click links within emails. This data is used to measure campaign effectiveness and segment audiences.

Section A.3 Data Collected by Tracking Technologies

The following information may be collected:

  • Identifiers: Device ID, browser ID, IP address, hashed email address, user ID (if logged in)
  • Behavioral: Pages visited, time on page, links clicked, scroll depth, form submission status, event triggers
  • Technical: Device type, operating system, browser type and version, screen resolution, mobile carrier, connection type
  • Temporal: Date and time of access, session duration, frequency of visits
  • Referral: Referrer URL, campaign source, medium, and keyword (if from paid search)
  • Geographic: Approximate location derived from IP address (country, state, city—not precise GPS)
  • Commercial: Products viewed, features used, demos requested, purchase history

Section A.4 Data Transmission and Processing

The data collected by tracking technologies is:

  • Transmitted: Sent to third-party vendor servers, some located outside the United States
  • Processed: Used for analytics, advertising, and measurement by the respective vendors
  • Shared: May be shared by vendors with their service providers, partners, and advertising networks
  • Aggregated: Vendors typically aggregate data with data from other websites and services
  • Retained: According to each vendor's retention schedule (typically 13 months for Google Analytics; 6 months for most ad platforms)

Section A.5 Your Consent to Tracking

Consent Through Use: By accessing the Service and continuing to use it, you acknowledge and consent to:

  • The use of tracking technologies as described in this Appendix
  • The collection of information by these technologies
  • The transmission of such information to third-party servers
  • The processing and use of information as described in each vendor's privacy policy

If you do not consent to tracking, you must not use the Service. However, see Section A.6 below for opt-out mechanisms that allow you to limit (but not eliminate) tracking while still using the Service.

Section A.6 Your Choices and Opt-Outs

Browser Controls

Most modern browsers provide the ability to:

  • Block Cookies: Prevent websites and advertisers from setting new cookies. Consult your browser's settings for instructions.
  • Clear Cookies: Delete cookies previously set. This will log you out of accounts and may limit Service functionality.
  • Do Not Track Signal: Enable a DNT signal to request that websites not track you. We honor DNT signals where technically feasible, although most third-party service providers do not yet respond to DNT signals.

Individual Vendor Opt-Outs

Google Analytics:

  • Google Analytics Opt-Out Browser Extension: https://tools.google.com/dlpage/gaoptout
  • Instructions: Install the extension in your browser. This prevents your data from being sent to Google Analytics.
  • Limitation: Does not opt you out of Google Ads or other Google services.

Meta (Facebook) Pixel:

  • Meta Privacy Center: https://www.facebook.com/privacy/
  • Instructions: Adjust your ad preferences to limit personalized advertising. You may also use browser-level tools to block the Meta Pixel.
  • Limitation: Does not eliminate targeting; limits personalization.

LinkedIn Insight Tag:

Google Ads:

  • Google Ads Settings: https://adssettings.google.com/
  • Instructions: Disable personalized advertising to limit ad targeting across Google properties.
  • Limitation: Ads will still be served; they will be less personalized.

Industry-Wide Opt-Out Mechanisms

Network Advertising Initiative (NAI):

Digital Advertising Alliance (DAA):

  • Website: https://www.aboutads.info/choices
  • Allows you to opt out of interest-based advertising from DAA participants
  • Does not affect first-party cookies or essential functionality

CCPA/CPRA Opt-Out (California Residents)

  • "Do Not Sell or Share My Personal Information" Link: Located in the footer of our website
  • Effect: Instructs us and our advertising partners not to "sell" or "share" your personal information for cross-context behavioral advertising
  • Scope: Applies to data sharing that constitutes "sale" or "sharing" under CCPA/CPRA

Email Opt-Out

  • Unsubscribe Link: Every marketing email includes an unsubscribe link in the footer
  • Effect: Removes you from marketing email list within 10 business days
  • Does Not Affect: Transactional emails (order confirmations, support notifications, password resets)

Section A.7 Effects of Opting Out

Consequences:

  • You will receive fewer personalized advertisements
  • Website performance analytics may be degraded
  • Some features may not function as intended (e.g., login persistence, cart features)
  • Our ability to measure marketing effectiveness will be limited
  • You will still be able to access and use the core Service

No Discrimination: RACO will not discriminate against you based on your choice to opt out of tracking. You will have the same access to products and services.

Section A.8 Cookie Categories and Management

Essential Cookies

  • Purpose: Required for site security, login, and core functionality
  • Name Examples: Session ID, CSRF tokens, authentication cookies
  • Retention: Duration of session or login
  • Opt-Out: Cannot be disabled; required for site operation

Analytics Cookies

  • Purpose: Measure website traffic, user behavior, and performance
  • Examples: Google Analytics, HubSpot Analytics
  • Retention: 13 months (Google Analytics default)
  • Opt-Out: Google Analytics Opt-Out Extension or browser controls

Marketing/Advertising Cookies

  • Purpose: Enable targeted advertising and audience creation
  • Examples: Meta Pixel, LinkedIn Insight Tag, Google Ads cookies
  • Retention: 30 days to 1 year depending on vendor
  • Opt-Out: Individual vendor opt-outs or browser controls

Preference Cookies

  • Purpose: Remember user preferences (language, theme, etc.)
  • Retention: 1 year
  • Opt-Out: Browser cookie deletion

Section A.9 Third-Party Data Sharing

When you visit our website, the following third parties may collect information about you:

Vendor Data Shared Purpose Privacy Policy
Google LLC Device ID, IP, pages visited, events Analytics, advertising Google Privacy
Meta Platforms Device ID, hashed email, events, URLs Audience creation, ads Meta Privacy
LinkedIn Corp Device ID, pages visited, member ID, events B2B advertising LinkedIn Privacy
HubSpot Inc Email, form data, browsing history, events CRM, marketing automation HubSpot Privacy

Appendix B: Dispute Resolution Procedures

Section B.1 Pre-Dispute Notice Requirements

Before initiating any formal dispute resolution, the Claimant must send the Respondent a written notice that includes:

Required Information

(a) Identifying Information:

  • Claimant's full legal name
  • Current postal address
  • All email addresses used with the Service
  • If represented by counsel, counsel's name and contact information

(b) Factual Details:

  • Specific dates of interactions forming the basis of the Dispute
  • Specific URLs accessed
  • Approximate timestamps of access
  • Device type (phone, tablet, desktop), operating system, and browser used
  • IP address(es) used to access the Service, if known
  • Detailed description of the conduct alleged to have caused harm

(c) Legal Basis:

  • Specific legal theories on which the Dispute is based (contract breach, negligence, fraud, etc.)
  • Nature of harm alleged
  • Specific relief requested (damages amount, specific performance, etc.)

(d) Dispute Resolution Information:

  • Whether Claimant intends to pursue arbitration or litigation
  • If represented, nature of fee arrangement (hourly, contingency, fixed, etc.)
  • Percentage or rate of fees if contingency-based

(e) History of Similar Claims:

  • List of all claims, complaints, or legal proceedings filed by Claimant within the preceding 24 months that assert substantively similar legal theories or arise from similar conduct
  • For each, provide: respondent name, nature of claim, filing date, disposition

Procedure Defect: A notice that omits any required information is procedurally deficient. The 60-day informal resolution period does not commence until a complete notice is received.

Section B.2 Delivery Methods

The notice must be delivered by one of the following methods:

  • Email: legal@racoman.com (with delivery confirmation requested)
  • Certified Mail: RACO Manufacturing & Engineering Co., Inc., Legal Department, 727 Allston Way, Suite B, Berkeley, CA 94710
  • Overnight Delivery: Same address as above (e.g., FedEx, UPS)

Proof of Delivery: Claimant must retain proof of delivery (email receipt, certified mail tracking, delivery confirmation) for potential arbitration proceedings.

Section B.3 Informal Resolution Period

Upon receipt of a compliant notice, RACO will respond within 10 business days to acknowledge receipt and propose a schedule for informal resolution discussions.

Required Discussions

The parties shall engage in at least two principal-level meetings within the 60-day period. Each meeting shall:

  • Attendance: Be attended by a principal or senior representative of each party (not merely counsel)
  • Format: Be conducted by phone, video conference, or in-person (parties may agree to in-person)
  • Good Faith: Be conducted in a good-faith effort to resolve the Dispute
  • Information Exchange: Include exchange of relevant information and positions
  • Duration: Last a reasonable amount of time (at minimum, not less than 30 minutes per meeting)

Scheduling

  • RACO will propose a slate of available dates/times for the first meeting within the initial 10 business days
  • Claimant shall select from available options
  • Parties shall cooperate in good faith to schedule subsequent meetings

Consequences of Non-Participation

If Claimant fails to participate in good faith in the required meetings:

  • The informal resolution requirement is not satisfied
  • Claimant may not commence arbitration or litigation until good-faith participation occurs or Respondent waives the requirement in writing
  • This procedural defect may result in dismissal of any arbitration filed prematurely

Section B.4 Resolution or Escalation

If the Dispute is resolved: The parties may sign a written settlement agreement terminating the Dispute.

If the Dispute is not resolved: Within 5 business days after the 60-day period expires, either party may escalate to binding arbitration (see Appendix C below).

Appendix C: Binding Arbitration Procedures

Section C.1 Arbitration Administration

Any Dispute escalated after informal resolution shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its then-current Commercial Arbitration Rules (for commercial claims) or Consumer Arbitration Rules (for consumer claims).

Important: Filings with any other arbitration provider or arbitration administrator shall be deemed procedurally deficient and will not commence a valid arbitration.

Section C.2 Arbitrator Selection and Powers

Arbitrator:

  • Single neutral arbitrator selected according to AAA rules
  • Must have experience with the type of Dispute (tech disputes, consumer disputes, etc.)
  • Must be impartial and disclose any conflicts of interest

Powers:

  • Authority to interpret these Terms and applicable law
  • Authority to award damages and relief available under applicable law
  • Authority to conduct discovery as permitted by AAA rules
  • Authority to issue subpoenas
  • Authority to conduct threshold review for good faith (see Section C.3 below)
  • No authority: To grant class relief or consolidate multiple claimants' claims

Section C.3 Pre-Merits Threshold Review (Good Faith Screening)

Before adjudicating the merits, the arbitrator may consider, on its own motion or motion of a party, whether the Dispute was brought in good faith or exhibits indicia of fraud, abuse, or improper purpose.

Factors the Arbitrator May Consider:

  • Completeness and accuracy of information provided in pre-dispute notice
  • Specificity of allegations and factual details
  • Legal theories asserted—whether plausible on their face
  • Conduct of Claimant during informal resolution (good-faith participation or stonewalling)
  • Pattern of similar claims filed by same Claimant or counsel
  • Industry knowledge of claimed harm
  • Inconsistencies between allegations and submitted evidence
  • Any evidence of filing identical or substantially similar claims against multiple respondents
  • Any evidence of contingency fee arrangements that might create incentive for frivolous claims

Burden of Proof: RACO bears the burden of proving by preponderance of the evidence that the Dispute was brought in bad faith.

Remedies for Bad-Faith Claims: If the arbitrator finds the Dispute was brought in bad faith or for improper purpose, the arbitrator may:

  • Dismiss the Dispute with prejudice
  • Award RACO its reasonable attorneys' fees and costs
  • Award other relief available under AAA rules and applicable law

Scope: This threshold review is intended to prevent frivolous litigation and fraud while protecting Claimant's right to pursue good-faith Disputes on the merits.

Section C.4 Discovery

Discovery shall be limited as follows:

Permitted Discovery:

  • Document production (documents relevant to claims/defenses)
  • Written interrogatories (up to 25 unless parties agree otherwise)
  • Requests for admission (reasonable requests for admissions of fact)
  • Depositions (up to 3 per side, unless arbitrator permits more)
  • Subpoenas for documents and witness testimony

Limitations:

  • Parties may not conduct extensive discovery as in litigation
  • Arbitrator may limit discovery if unduly burdensome or expensive
  • Confidential business information may be protected from disclosure

Section C.5 Hearing and Decision

Hearing:

  • In-person hearing in Contra Costa County, California (unless parties agree otherwise)
  • Video hearing permitted at election of either party
  • Hearing shall be held within 120 days after arbitration is initiated

Decision:

  • Arbitrator shall issue a written decision within 30 days of hearing conclusion
  • Decision shall include findings of fact, conclusions of law, and award
  • Arbitrator shall explain the basis for the decision

Award:

  • Arbitrator may award any relief available under applicable law
  • Arbitrator may not award punitive damages unless authorized by applicable law
  • Arbitrator shall allocate costs and fees according to AAA rules and applicable law

Section C.6 Confidentiality

All aspects of arbitration are confidential, including:

  • Notice of arbitration
  • Pleadings and documents
  • Hearing testimony
  • Arbitrator decision
  • Settlement discussions

Parties may not disclose arbitration details to media, blogs, or social media, except:

  • To comply with legal process
  • To enforce or challenge the arbitration award
  • To obtain tax or accounting advice
  • As necessary to defend against claims of bad faith

Section C.7 Costs and Fees

Payment Allocation:

Cost Initial Payer Final Allocation
AAA Filing Fee Claimant Per AAA Consumer/Commercial Rules
Arbitrator Fees RACO RACO (unless Claimant prevails substantially)
Hearing Venue RACO RACO (unless Claimant prevails substantially)
Attorney's Fees Each Party Each party bears own fees unless prevailing party entitled by law
Witness/Expert Fees Respective Party Depends on AAA rules and arbitrator's determination

Consumer Protection Floor: Notwithstanding the above, if Claimant qualifies as a "consumer" and the arbitration is administered under AAA Consumer Rules, RACO shall pay all AAA filing fees and costs in excess of what Claimant would pay in small claims court.

Section C.8 Appeal and Modification of Award

Limited Appeal: The arbitration award is final and binding. There is no appeal except:

  • For fraud or gross misconduct by the arbitrator (very narrow ground)
  • For manifest disregard of applicable law (limited circumstances)

These grounds are rarely successful and require filing in court.

Modification: Either party may request the arbitrator modify the decision within 30 days if there is a material miscalculation or typographical error.

Section C.9 Enforcement

Either party may enforce the arbitration award by:

  • Filing in any court of competent jurisdiction
  • Obtaining a judgment based on the arbitrator's award
  • Pursuing collection through standard enforcement procedures

Appendix D: Data Processing and Vendor Agreements

Section D.1 Data Processors and Processing Agreements

We engage the following processors to handle personal data on our behalf:

Processor Services Data Processed Location DPA
Amazon Web Services (AWS) Cloud hosting All customer data US Yes
HubSpot CRM, email marketing Contact info, email, activity US Yes
Google Cloud Analytics, maps, services Analytics, location US Yes
Mailchimp Email marketing Contact info, email activity US Yes
Stripe Payment processing Payment info (tokenized) US Yes
Aeris/U.S. Mobile Cellular service (Cellularm) Device identifiers, location, usage US Yes

Data Processing Agreements: Each processor has executed a Data Processing Agreement (DPA) that:

  • Restricts use of data to stated purposes
  • Requires appropriate security safeguards
  • Prohibits unauthorized disclosure
  • Allows audit and inspection
  • Requires deletion upon termination

Section D.2 Sub-Processors

Some processors use sub-processors (e.g., AWS sub-contractors, payment processor acquirers). We maintain a list of authorized sub-processors and notify customers of material changes.

Section D.3 International Data Transfers

Data may be transferred to and processed in the United States and other countries. We implement Standard Contractual Clauses (SCCs) for transfers to ensure adequate safeguards.

Section D.4 Data Subject Rights Support

We support data subjects' exercise of their rights (access, deletion, correction, portability) by:

  • Providing mechanisms for individuals to request access/deletion
  • Responding to requests within required timeframes
  • Cooperating with data processors to fulfill requests

End of Legal Appendices