DIFFACTORY, LLC dba MedSpaLife.com
Effective Date: January 3, 2021
DIFFACTORY, LLC, and its subsidiaries and affiliated entities (collectively “DIFFACTORY, LLC,” “Diffactory, LLC,” “we”, “us” or “our”) is primarily engaged in the business of digital marketing for the aesthetics industry that assists med spa operators, medical device manufacturers and other third parties market and sell aesthetic services and related products and services to Consumers through our programs for online Consumer referrals, marketing products and services, email marketing, postal advertising and online advertising. The primary component of our business is the collection of Personal Information voluntarily provided by Consumers in order to refer the Consumer to Third Party med spas, medical device manufacturers and other Third Parties offering products and services related to the aesthetic field.
“Consumer” means a natural person.
“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
“Third Party” means a person or entity not owned, operated or controlled by DIFFACTORY, LLC or any person or entity owned, operated or controlled by DIFFACTORY, LLC.
II. Personal Information We Collect And How We Collect It
We collect Voluntarily-Provided Personal Information and Automatically-Collected Personal Information through the means described below.
Voluntarily-Provided Personal Information
“Voluntarily-Provided Personal Information” means Personal Information collected from a Consumer as a result of the Consumer providing that information voluntarily to DIFFACTORY, LLC or to a Third Party that sells or otherwise transfers the Personal Information to DIFFACTORY, LLC. DIFFACTORY, LLC collects Voluntarily-Provided Personal Information only when you make it available through your use of a feature or service offered by DIFFACTORY, LLC or a Third Party that requires the entry of Voluntarily-Provided Personal Information in order to provide the product or service you have requested. The types of Personal Information that a Consumer provides will depend on the nature of the submission for the products or services the Consumer is requesting, but typically will include the following:
- First and last names
- Mobile and landline phone numbers
- Email addresses
- Postal/street addresses
- Aesthetic services
- Aesthetics procedures and provider content
“Consumer Requests” means the submission of a specific request online from a Consumer that (i) is initiated by the Consumer; (ii) contains Voluntarily-Provided Personal Information furnished by the Consumer; and (iii) expresses the Consumer’s interest in (1) obtaining a or other information regarding med spa procedures and providers or (2) other products and services offered by Third Parties. We collect Voluntarily-Provided Personal Information in Consumer Requests submitted by Consumers directly from DIFFACTORY, LLC Sites or that were submitted by Consumers through Third Parties and that were acquired by us from the Third Parties in order to provide the Consumer’s Voluntarily-Provided Personal Information to a vehicle dealer, vehicle manufacturer or other Third Party that can contact the Consumer directly and provide the Consumer the product, service or information that the Consumer has requested or in which the Consumer may have an interest or to send the Consumer advertising, marketing or content. Consumers may come to DIFFACTORY, LLC Sites to submit Consumer Requests directly by visiting an DIFFACTORY, LLC Site or may indirectly submit Consumer Requests to us by clicking on advertisements or links to DIFFACTORY, LLC Sites that DIFFACTORY, LLC places or has placed on Third Party sites, social media platforms or emails sent by DIFFACTORY, LLC or Third Parties.
We may conduct surveys of Consumers who have submitted Consumer Requests for marketing purposes and to better target our content to our audience or for the benefit of Third Parties with whom we do business. We also conduct follow-up surveys to confirm that a Consumer was contacted by the Third Parties to which the Consumer was referred for a vehicle or other product or service and to assess the Consumer’s experience with the Third Party.
Automatically-Collected Personal Information
“Automatically-Collected Personal Information” is Personal Information collected automatically through the use of Data Technologies without any action or entry of Personal Information by a Consumer when the Consumer visits or uses DIFFACTORY, LLC Sites or Third Party sites. Automatically-Collected Information does not identify a Consumer personally and cannot be linked back to a Consumer unless the Consumer decides at some point to identify the Consumer by submitting Voluntarily-Provided Information.
DIFFACTORY, LLC collects the following Automatically-Collected Personal Information from a Consumer’s desktop computer, laptop or handheld or mobile device when the Consumer visits an DIFFACTORY, LLC Site, even if the Consumer does not submit Voluntarily-Provided Personal Information:
Internet or Other Electronic Network Activity, including:
- Online identifier Internet Protocol address
- Online Behavioral Information
Automatically-Collected Personal Information generates “online behavioral information,” which is the collection of data online from a particular computer or device regarding Web viewing behaviors over time, and across non-affiliated Web sites, for the purpose of using such data to predict visitor preferences or interests. Online behavioral information includes browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement. Online behavioral information may be used to generate “interest-based advertising,” also called “online behavioral advertising,” which is advertising that is customized and targeted based on predictions generated over time from a Consumer’s visits across different websites, devices and mobile applications.
“Data Technologies” are technologies, such as cookies, local shared objects, pixels and web beacons, used to collect information about your actions and your visit to DIFFACTORY, LLC Sites or Third Party sites, and includes all current and similar future technologies, including anonymous advertising identifications used on mobile devices and otherwise in a manner similar to cookies. One or more Data Technologies may be used on the DIFFACTORY, LLC Sites and other websites and mobile applications (that may not be the DIFFACTORY, LLC Sites) by DIFFACTORY, LLC or Third Parties. Data Technologies may be used to collect information about web pages you visited and visit and to transmit information to you or about you and connect information about you from different sources, websites, devices, and mobile applications. DIFFACTORY, LLC places or “sets” DIFFACTORY, LLC cookies on a Consumer’s computer or device when the Consumer visits DIFFACTORY, LLC Sites. We may also set cookies on a Consumer’s computer or device on behalf of Third Parties authorized by DIFFACTORY, LLC or may enable certain Third Parties to set their own cookies on the Consumer’s computer or device.
DIFFACTORY, LLC uses Third Party tracking services for which DIFFACTORY, LLC sets cookies on your computer or enables the Third Party tracking services to set cookies on your computer or device, when you visit DIFFACTORY, LLC Sites. These cookies track visits, page views and clickstream behavior. Third Party tracking services report this data to DIFFACTORY, LLC in aggregated form so DIFFACTORY, LLC can better understand our users and improve the DIFFACTORY, LLC Sites. DIFFACTORY, LLC shares such anonymous, aggregated information obtained from these cookies with our advertisers and other Third Parties.
Anytime you visit DIFFACTORY, LLC Sites, we collect the Internet Protocol (“IP”) address to help diagnose problems with our servers, administer the DIFFACTORY, LLC Sites and track site usage statistics. A Consumer’s IP address may vary each time the Consumer visits, or it may be the same, depending on how the Consumer accesses the Internet. We also collect information on whether the Consumer reached an DIFFACTORY, LLC Site by clicking on a link or advertisement on a Third Party site, which helps us to maximize our Internet exposure, and to understand the interests of our users. We also collect information on the Consumer’s ISP or mobile carrier and the type of handheld or mobile device the Consumer used. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not reports about individual visitors.
DIFFACTORY, LLC uses Google Analytics to collect information through Data Technologies. This data is collected on an anonymized basis and is aggregated, but may include or be associated with other non-Personal Information or with Voluntarily-Provided Personal Information. Our primary goal in collecting user information is to enhance a Consumer’s experience on DIFFACTORY, LLC Sites. Google Analytics is a web analytics tool provided by Google, Inc. (“Google“) that helps website owners understand how visitors engage with their website. We can view a variety of reports about how visitors interact with DIFFACTORY, LLC Sites so we can improve the DIFFACTORY, LLC Sites. Google uses first party cookies and IP addresses, and it reports website trends without identifying individual visitors. For more information related to Google Analytics, click here.
“Advertising Networks” are Third Parties that serve interest-based advertising to Consumers and generate statistics and metrics related to the delivery of interest-based advertising. DIFFACTORY, LLC engages with Advertising Networks that may use information collected through a variety of Data Technologies to provide customization, auditing, research and reporting for us, our affiliates and other advertisers. This data collection takes place both on the DIFFACTORY, LLC Sites and on Third-Party’s websites and mobile applications. This process allows DIFFACTORY, LLC and Third Parties to deliver interest-based advertising, enhance marketing programs and help track the effectiveness of such efforts. Advertising Networks also may use this information for determining or predicting the characteristics and preferences of their respective advertising audiences and measuring the effectiveness of their advertising.
Mobile-specific information we may collect
DIFFACTORY, LLC collects information from a Consumer’s mobile devices such as hardware IDs and device type, the request type, your carrier, the Consumer’s carrier user ID, and the content of the Consumer’s request, which does not by itself identify the Consumer, though it may be unique or consist of or contain information that the Consumer may consider personal.
Trackable Telephone Numbers
We publish uniquely-generated, trackable toll-free phone numbers for many of the dealers that list vehicles for sale on the DIFFACTORY, LLC Sites or in advertisements posted on DIFFACTORY, LLC Sites. If a Consumer dials one of these phone numbers, DIFFACTORY, LLC or a service provider operating on DIFFACTORY, LLC’s behalf may record the date, time and length of the Consumer’s call and the phone number from which the call originated.
“Geolocation Information” is physical location information that is sufficiently precise to allow us to locate a computer or device, including data such as the Consumer’s computer or mobile device’s physical location and may include GPS-based, WiFi-based or cell-based location information. When a Consumer downloads or uses the DIFFACTORY, LLC Sites, we may collect Geolocation Information. We may use Geolocation Information and provide it to Third Parties to provide the Consumer with content and services that are relevant to a particular location, such as advertising, search results, vehicle dealers in the area, and directions and to customize marketing to the Consumer for what is available in the Consumer’s area or close proximity. This Geolocation Information may reveal a Consumer’s actual location, such as GPS data, or it may not, such as when the Consumer submits a partial address to look at a map of the area.
Combined or Appended Personal Information and Personal Information from Other Sources
We may combine Voluntarily-Provided Information or Automatically-Collected Information for a Consumer with other information that is voluntarily provided by Consumers or automatically collected by us or Third Parties. The combined information may include information about the Consumer’s use of the DIFFACTORY, LLC Sites; use of other websites, devices and mobile applications; interactions or transactions with vehicle dealers; interests and preferences; and other information about the Consumer or the Consumer’s household.
When we refer a Consumer to a med spa we may obtain Personal Information that we did not originally provide to the client in a Consumer Request from sales matching information that we acquire from the client or other Third Parties. Sales matching information may include the Consumer’s name, postal address, phone number, and email address; the purchase price; and the purchase date.
III. How We Use and Share Personal Information We Collect
Internal Use by DIFFACTORY, LLC
Personal Information collected by DIFFACTORY, LLC is used internally by DIFFACTORY, LLC to improve the content or layout of the DIFFACTORY, LLC Sites; improve user experience on DIFFACTORY, LLC Sites; provide services requested by users of the DIFFACTORY, LLC Sites; respond to questions, requests or complaints from Consumers; request feedback from Consumers; develop new products and services; evaluate the effectiveness of the DIFFACTORY, LLC Sites; and to contact Consumers for marketing purposes, including through email and SMS/text marketing.
When a Consumer provides the Consumer’s email address as Voluntarily-Provided Information, we automatically include the Consumer’s name and email address and other Voluntarily-Provided Information in our marketing database to receive email communications from us that contain marketing, advertisements and content. We may collect information regarding the effectiveness of our email and other communications with the Consumer.
Third Parties To Which We Sell or Otherwise Share, Transfer or Disclose Your Personal Information
We may sell, disclose, or transfer Personal Information to Third Parties under the following circumstances:
- To Third Parties, that can provide the Consumer with the products, services or information that the Consumer has requested;
- To our advertiser clients to assess the effectiveness of advertising campaigns we have provided for them;
- To other digital marketing services companies that purchase Consumer Requests from DIFFACTORY, LLC for sale, disclosure or transfer to such Third Party’s customers;
- To service providers that may provide services or perform functions on our behalf;
- To Third Party vendors and suppliers of products and services in which the Consumer has expressed an interest or about which a Consumer has requested information;
- To Third Parties that may wish to send the Consumer email, postal mail or SMS/text messages containing advertising or marketing materials regarding products or services that the Consumer may find of interest; and
- To enforce our rights or as required by law or order of a court or government agency.
We may aggregate Personal Information from all of our users and provide that information in the aggregate to med spas, advertisers and other Third Parties for marketing and promotional purposes. However, if we do so, that information will be anonymized so as not to be personally-identifiable.
“Service Providers” are Third Parties that have contracted with DIFFACTORY, LLC to provide services to or on behalf of DIFFACTORY, LLC that may involve access to or processing of Personal Information collected by DIFFACTORY, LLC. We may allow Third Party Service Providers (such as market research firms, marketing services providers, advertising agencies and information processors) access to your Personal Information to perform services on our behalf.
DIFFACTORY, LLC will cooperate with legal authorities, and may in some circumstances be required to disclose Personal Information in response to requests from law enforcement or other governmental agencies, or in response to a subpoena or other legal process. We can also share information about you if we believe we must in order to (i) prevent a violation of the law; (ii) protect or defend our interests and the legal rights or property of DIFFACTORY, LLC and our affiliates; (iii) protect the rights, interests, safety and security of users of the DIFFACTORY, LLC Sites or members of the public; (iv) protect against fraud or for risk management purposes; or (v) comply with prudent legal practice as we may determine, and with applicable law or legal process. We may also share Personal Information in the course of legal proceedings if we are legally required to do so, if we reasonably believe that doing so may mitigate our liability, or if doing so will assist us in enforcing our legal rights.
Business Transfers and Other Transactions
Information about our users and the DIFFACTORY, LLC Sites is a business asset of DIFFACTORY, LLC. As we continue to develop our business, we might sell or buy websites, subsidiaries or business units. In such transactions, Personal Information generally is one of the transferred business assets. Also, in the event that DIFFACTORY, LLC or substantially all of its assets are acquired, Personal Information will of course be one of the transferred assets. In addition, Personal Information will be disclosed as part of any creation of a separate business to provide a DIFFACTORY, LLC Site, or to provide other services or fulfill products; debt financing, sale or pledge of Diffactory, LLC assets, or insolvency, bankruptcy or receivership. We will make reasonable efforts to ensure that the acquirer of our users’ Personal Information respects the provisions of this Policy, although this may not be possible in certain legal settings (such as bankruptcy).
IV. Your Choices Regarding Your Personal Information
You may limit and control the Personal Information collected by us in a number of ways.
Voluntarily-Provided Personal Information
You are not required to provide any Voluntarily-Provided Personal Information to visit or use the DIFFACTORY, LLC Sites. You may elect to not provide Voluntarily-Provided Personal Information for any purpose. However, in doing so, you may not be able to use all features of the DIFFACTORY, LLC Sites. For example, if you do not provide the Voluntarily-Provided Information required to submit a Consumer Request, you will not be able to submit Consumer Requests, and DIFFACTORY, LLC and vehicle sellers, manufacturers and other third party service and product providers will not be able to contact you to provide you the products, services or information in which you may be interested. You may also choose not to participate in surveys.
Opting Out of Email Marketing
In addition, we provide you the opportunity to indicate your preferences as to what types of offerings of products or services you wish to receive from third parties or, subject to the exceptions below, to opt-out of disclosures to those third parties altogether. You may update your preferences at any time by contacting us at firstname.lastname@example.org Those third parties who receive your Personal Information prior to your opt-out will remain able to send you communications, subject to their privacy policies and practices. To opt-out from receiving third party emails, you must contact those third parties directly.
Even if a Consumer decides not to receive offers or other product or service information, DIFFACTORY, LLC, other product and services providers, fulfillment third-parties and other referral services with which DIFFACTORY, LLC has relationships, may use a phone number, mailing address or email address that the Consumer has provided to contact the Consumer regarding a Consumer Request that the Consumer submitted. Additionally, phone numbers and email addresses may be used to conduct customer surveys regarding individual experiences with DIFFACTORY, LLC, med spas, or other product and services providers. Phone numbers and email addresses are made available only to DIFFACTORY, LLC, its affiliates and dealers, manufacturers, other referral services, fulfillment third parties and other referral services who receive a Consumer Request.
If a Consumer requests to opt-out of receiving emails from us and then subsequently submits a Consumer Request (either directly or submitted through a Third-Party and are referred to us), we will reinstate the relationship with us and we will the Consumer’s Personal Information as set forth herein, unless the Consumer subsequently requests to opt-out. Each time a Consumer submits a Consumer Request, this process will restart.
Automatically-Collected Personal Information
Opting Out of Data Technologies.
Consumers have a number of choices regarding certain Data Technologies.
Most web browsers automatically accept cookies, but a Consumer can usually modify the Consumer’s browser’s setting to decline cookies if the Consumer prefers. Consumers have the ability to accept or decline cookies by modifying the Consumer’s browser settings, and our websites are viewable even if the Consumer disables the cookie function on the Consumer’s browser. However, if a Consumer disables cookies, note that certain features may not function properly or at all as a result, and some advanced and customized features or offerings will not be available to the Consumer, including personalization features.
If a Consumer prefers not to accept cookies, the Consumer should consult documentation for the Consumer’s browser or device for more information. Most browsers will explain how to view and disable cookies under the help portion of the toolbar or notify the Consumer when the Consumer receives a new cookie. Use of third party cookies is subject to the privacy policies and opt-out procedures of these third parties and not DIFFACTORY, LLC’s policy and procedures. Please click here www.networkadvertising.org in order to learn more about the data and information collection and use practices of some of the third parties for which we set cookies on DIFFACTORY, LLC Websites or for which we enable to set their own cookies. Please click here http://www.networkadvertising.org/managing/opt_out.asp in order to learn more about the “opt-out” procedures of some of these third parties. At times, not all of the third parties for which we set cookies on DIFFACTORY, LLC Websites or for which we enable to set their own cookies are included in the preceding link to opt-out from these cookies. Should you wish to opt-out of these cookies, a Consumer will need to access the third party’s website to determine their opt-out procedure.
A Consumer may also render some web beacons unusable by rejecting their associated cookies and disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on’s settings or opting out at www.evidon.com or the website of the technology provider.
A Consumer may refuse to accept a cookie from us on mobile devices by adjusting the use of advertising identifiers through the settings on the Consumer’s computer or device. A Consumer’s mobile device may also have settings that allow the Consumer to prevent sharing Geolocation Information with us. Consumer’s should consult their mobile device’s settings or help documentation for more information about exercising these options.
Consumers can opt out of delivery of interest-based advertising to the Consumer by multiple companies by visiting www.aboutads.info/choices, www.networkadvertising.org/managing/opt_out.asp and www.evidon.com. Please note that even if a Consumer opts out, the Consumer will continue to receive advertisements, but the advertisements will not be tailored to the Consumer’s specific interests.
DIFFACTORY, LLC uses Google Analytics, which helps DIFFACTORY, LLC better understand its audience and target communications and advertisements based on demographic or interest-based information. Consumers may learn more about opting out of certain Google advertising initiatives and to install Google Analytics Opt-out Browser Add-on here. Please note that Consumers may still receive advertising even after opting out, but that advertising may not be tailored to the Consumer or the Consumer’s interests.
Trackable Telephone Numbers
If a Consumer does not want to have information collected through the Consumer’s use of a trackable telephone number, the Consumer may choose to not call the med spa to which the number is assigned by using the trackable phone number displayed on DIFFACTORY, LLC Sites.
Response to Do Not Track Signals
Children and Minors
DIFFACTORY, LLC Sites are not directed to minors under the age of 16, and we do not intend, and DIFFACTORY, LLC Sites are not designed, to collect Personal Information from minors under the age of 16, and we do not knowingly collect Personal Information from minors under age 16. If you are under 16 years old, you should not provide Personal Information to any DIFFACTORY, LLC Website. Should we obtain actual knowledge that we have collected or received personal information from a minor under the age of 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under age 16, please contact our Consumer Care Department as specified in the ” Contact Us” section below.
V. Retention and Security of Personal Information
DIFFACTORY, LLC has implemented commercially reasonable administrative, technical, personnel, and physical security measures designed to help protect the Personal Information stored in our systems against loss, theft and unauthorized use, disclosure or modification. For example, we limit access to Personal Information to employees who we believe reasonably need to come into access that information. We also employ processes (such as password hashing, login auditing, and idle session termination) to protect against unauthorized access to Personal Information. Technical measures also include use of firewall protection. We use TLS (Transport Layer Security) encryption technology to protect Personal Information during transmission.
Some of our service providers may store information in servers hosted in countries outside the United States, UK and EU. As such, Personal Information may be subject to the laws of other countries, where the data protection and other laws may not be as comprehensive as those in the United States, UK and EU. Personal Information may be disclosed in response to inquiries or requests from government authorities in the countries in which we operate.
Although DIFFACTORY, LLC has endeavored to create a secure and reliable networks, servers and databases that we operate or that are operated on our behalf, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your Personal Information, we cannot guarantee its absolute security and cannot guarantee protection of all information against interception, misappropriation, misuse, or alteration, or that information may not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others.
A Consumer’s Personal Information is collected by a Third Party:
- When the Consumer initially provides the Third Party the Consumer’s Personal Information on a Third Party site and not on an DIFFACTORY, LLC site.
- When a Consumer clicks on a link to a Third Party site from an DIFFACTORY, LLC Site, including clicking on an Third Party advertisement placed on an DIFFACTORY, LLC Site, the Consumer will leave the DIFFACTORY, LLC Site the Consumer was visiting and be redirected to the Third Party site.
- When we sell or otherwise transfer or disclose the Consumer’s Personal Information to the Third Party, for example, when we sell a Consumer Request to a vehicle dealer to contact the Consumer regarding the information, product or services the Consumer requested.
- When DIFFACTORY, LLC authorizes a Third Party to place the Third Party’s cookie or other Data Technology on an DIFFACTORY, LLC site.
- When DIFFACTORY, LLC authorizes a Third Party to offer their products and services on DIFFACTORY, LLC Sites through use of a “framed” format, where the DIFFACTORY, LLC border will surround the pages served by the Third Party, or by directly linking the user to the Third Party’s sites. In either case, the Third Party is prominently identified.
VII. Changes or Revisions to This Policy
IX. Updating or Correcting Your Personal Information.
X. Revocation of TCPA Consent and Opting Out of Automated Calls and Text Messaging
You may revoke your consent and opt-out from receiving automated calls or text messages at any time. You may opt-out of text messages by replying STOP to any text message you receive or follow other opt-out instructions included with the text message. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls from DIFFACTORY, LLC (but not text messages), contact our ConsumerCare Department as provided below under “Contact Us.” To opt-out of receiving automated telephone calls or texts from third parties, please contact the third party directly. Please note that if you opt out of automated calls, DIFFACTORY, LLC and any third parties reserve the right to make non-automated calls to you relating to any transaction or your relationship with DIFFACTORY, LLC or the third parties. To obtain assistance from our ConsumerCare Department with respect to text messaging, contact our ConsumerCare Department as provided below under “Contact Us.”
XI. Contact Us
If you have any questions or need help or assistance regarding privacy, security, opting-out of email or text communications, your email and marketing preferences, or understanding how your Personal Information is being used, please contact our Consumer Care Department by email at hello@DIFFACTORY.com
Requests to Opt-Out From the Sale of Personal Information
To exercise your right to opt-out from the sale of your Personal Information, you must submit a request to our Consumer Care Department by email at email@example.com
We will act upon your request to opt-out from the sale of your Personal Information within fifteen (15) days after receipt of your request, and will notify all third parties to whom your Personal Information was sold, shared, or disclosed within the ninety (90) days prior to receipt of your request that you have exercised your right to opt-out and instruct these third parties to not to further sell, share or disclose your Personal Information. Upon completing these third-party notifications, we will notify you that these third-party notifications have been completed.
Once you make an opt-out request, if we wish to ask you to reauthorize sales of your Personal Information, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Opting-In To Sale of Personal Information
A Consumer who has exercised the Consumer’s right to opt-out from the sale of the Consumer’s Personal Information, may change the Consumer’s mind and opt back in to personal information sales at any time by submitting a request to our Consumer Care Department by email at firstname.lastname@example.org. A two-step process will be used whereby the Consumer must first clearly submit the request to opt-in, and then second, separately confirm the Consumer’s choice to opt-in.