Privacy Policy
BRICKS & QUARTERS LLC
LastModified November 10, 2023
Protecting your privacyis an important priority of Bricks and Quarters LLC,a(n) United States] [LLC] with offices at Charlotte, North Carolina (collectively,“us,” “we” or “Bricks and Quarters LLC”)and we are committed to maintaining strong and meaningful privacyprotections. The privacy of yourinformation is a significant responsibility, and we value the trust you placein us. Bricks and Quarters LLC is respectful of data privacy and strives toadopt best practices in compliance with applicable privacy laws andregulations, including, without limitation, the European Union General DataProtection Regulation (“GDPR”).
This Privacy Policy (“Policy”)is designed to inform you about the information we collect from, how it may bestored and/or processed, how we use it, and your options regarding certain usesof this information.
This Policy applies toany subscribers of Bricks and Quarters LLC’s publications, newsletters, ornotifications, any users, viewers, subscribers, or purchasers of [Bricks andQuarters LLC’s products or services (“Products and Services”),and any of Bricks and Quarters LLC’s other customers, clients, members, andpartners (all of whom may be referred to as “you” in theseTerms).
If you are a EuropeanUnion (“EU”) resident, please notethat there are a number of provisions in this Policy that apply uniquely to you(which have been italicized for your convenience).
BYVIEWING, USING, REGISTERING, OR ACCESSING OUR PRODUCTS AND SERVICES, YOU ACCEPTAND AGREE TO BE BOUND AND ABIDE BY THIS POLICY. PLEASE READ THIS POLICYCAREFULLY.
YOUMAY NOT ACCESS OR USE OUR PRODUCTS AND SERVICES, IF YOU (A) DO NOT AGREE TOTHIS POLICY, (B) ARE NOT AT LEAST 18 YEARS OLD, OR (C) ARE PROHIBITED FROMACCESSING OR USING OUR PRODUCTS AND SERVICES BY APPLICABLE LAW.
YOUHEREBY REPRESENT THAT YOU (A) HAVE READ, UNDERSTOOD AND ACCEPTED THIS POLICY,(B) WILL BE FINANCIALLY RESPONSIBLE FOR YOUR ACCESS TO OR USE OF OUR PRODUCTSAND SERVICES, (C) ARE AT LEAST 18 YEARS OLD, AND (D) MAY OTHERWISE ENTER INTOAND FORM BINDING CONTRACTS UNDER APPLICABLE LAW.
IFYOU CHOOSE NOT TO ACCEPT THIS POLICY, DO NOT VIEW, REGISTER FOR, ACCESS, OR USEOUR PRODUCTS AND SERVICES.
INFORMATION WE COLLECT ABOUT YOU FORPROVIDING ACCOUNTING OR FINANCIAL SERVICES
Information You Give Us. We collect nonpublicpersonal information (“Personal Information”) about you that is provided by youor obtained by us with your authorization to provide accounting services,including, without limitation, preparing your income tax returns and providingfinancial planning to you. This Personal Information may include but is notlimited to:
- Contact information, such as name, telephone number, mailing and e-mail address
- Information we receive from you, on tax organizers, applications or other forms. This information may include your date of birth, social security number, driver’s license, employment information, assets and income;
- Bank details and financial history;
- Information you may authorize us to obtain from others, such as consumer credit reports and medical expenses;
- Information we receive from our meetings with you; and
- Information you voluntarily provide to us through forms, emails, or submissions through our website.
Personal Informationdoes not include “de-identified,” “anonymous” or “aggregate information,” whichare not associated with a specific person or entity.
Use,Disclosure, and Transfer of Personal Information
We disclose PersonalInformation only to those employees, affiliates, and service providers who (i)need to know that information in order to provide requested Product andServices, and (ii) have agreed not to disclose it to others. Bricks and Quarters LLC does not otherwise share any PersonalInformation with third parties who are not service providers unless otherwiserequired or authorized by applicable law, the Code of Professional Conduct ofthe United States of Certified Public Accountants, and Ethics Rulings of theAmerican Institute of Certified Public Accountants (AICPA).
We may use yourPersonal Information to communicate with you regarding news, events, ideas,related topics, special offers, promotions, new services, and updates, and youmay opt out accordingly by providing written notice.
We may discloseinformation to comply with applicable laws and regulations, such as to respondto a subpoena or similar legal process, to protect against misuse orunauthorized use of our website, to limit our legal liability, and to protectour rights or to protect the rights, property, or safety of visitors of thiswebsite or the public, and to otherwise cooperate with law enforcement orregulatory authorities.
We may use Personal Information topromote security, investigate violations of our agreements (including thisPolicy) and/or attempts to harm our clients, users and visitors, and verifyproper conduct using our Products and Services. We may also use PersonalInformation for investigations or prevention of fraud or network abuse.
We may transfer orshare a copy of Personal Information about you in the event that Bricks andQuarters LLC goes through a business transition, such as a merger, beingacquired by another company, or selling a portion of its assets. You will benotified via email or prominent notice on our website prior to a change ofownership or control of your Personal Information, if your Personal Informationwill be used contrary to this policy.
Nothing in this PrivacyPolicy is intended to interfere with the ability of [Bricks and Quarters LLC]to transfer all or part of its business and/or assets to an independent thirdparty at any time, for any purpose, without any limitation. [Bricks andQuarters LLC] specifically reserves the right to transfer or share a copy ofpersonally identifiable information collected to the buyer of that portion ofits business relating to that information.
Such transfersmay involve the transfer of your information between jurisdictions and outsideof the jurisdiction in which you submitted your information, including tojurisdictions that the European Union may not deem to provide “adequate” dataprotection. Please do not provide us any information that you do not wish to betransferred between these entities.
Unaffiliated ThirdParty Sharing. We do not sell,license, rent or otherwise provide your Personal Information to unaffiliatedthird parties except as follows:
(a) withyour consent, which may be obtained in writing, online through “click-through”agreements, orally on the phone, or implicitly, for example, when you requestmore information to be sent to your home or business address, you implicitlyconsented to our disclosure of your name and address to a third party courierto complete delivery;
(b) toour third-party vendors and partners who complete transactions or performservices on our behalf (for example, credit/debit card processing, development,fraud protection, billing, shipping, customer service, auditing and marketing);
(c) toverify the information received from you in connection with your Bricks andQuarters LLC account or our other services;
(d) pursuantto a change in your business structure, such as a merger, acquisition, jointventure, corporate reorganization, financing or sale of company assets, or inthe unlikely event of insolvency, bankruptcy or receivership;
(e) asrequired by law or other legal process, such as a court order, summons,subpoena, and the like;
(f) toinvestigate, prevent, or take action regarding suspected or actual illegalactivities or to assist government enforcement agencies, enforce our rights inconnection with our agreements with you, or investigate and defend ourselvesagainst any third-party claims or allegations;
(g) toexercise or protect our rights or interests, property or safety or that ofothers;
(h) toprotect users of our Products andServices from fraudulent, abusive or unlawful use and/or to protect thesecurity or integrity of our Productsand Services (such as by sharing with companies facing similar threats);
(i) tofacilitate or verify the appropriate calculation of taxes, fees, or otherobligations due to a local, state, or federal government; or
(j) inan emergency situation.
Website Access Information We AutomaticallyCollect. We may also collectinformation about you and the device you used to access our Products and Services or to transmit information (such ashardware model, operating system version, unique device identifiers, and mobilenetwork information including phone number), log information (Internet Protocoladdress, browser type, system activity, hardware settings, browser settings andlanguage, date and time of access, last URL visited, cookies, how you used our Products and Services), cookiesthat may uniquely identify your browser, and, if you enable our Servicefeatures that are enabled for location detection, we may collect informationabout your actual location (such as GPS signals and other geolocation data).This Policy covers the use of cookies on or through our Products and Services and does not cover the use of cookies byany advertisers or vendors.
We may link information we automaticallycollect with Personal Information for any lawful purpose, such as to improveand analyze the use of our Products andServices, to improve the user experience, to deliver Products andServices, to communicate with you, to monitor the security and integrity of our Products and Services, and toanalyze our operations.
We may also send a “cookie,” “pixel tag,”clear gif or web beacons to your device that contains identification unique tothe device you are using. The information we receive through cookies, webbeacons, and similar technologies may enable us to recognize users acrossdevices, such as smartphones, computers, tablets, or related browsers.Depending upon your device or computer, you may be able to set your browser(s)to reject cookies or delete cookies, but that may result in the loss of somefunctionality of our Products and Services.
If you are an EUresident, to the extent that any cookie can uniquely identify a computer,mobile device, or tablet, or the person using such device, under the GDPR, thisis personal data to which, if collected by us, this Policy applies.
Other Information. As we introduce new features to ourProducts and Services, we may require or gain the ability to collect newinformation. If we collect materiallydifferent Personal Information, we will notify you and/or may also modify thisPolicy.
TheGDPR requires data collectors, such as [Bricks andQuarters LLC], to have a legal basis to use the personal data of EUresidents. Therefore, this section shall apply to any such personal datacollected by Bricks and Quarters LLC. Bricks and Quarters LLC uses the personaldata that you provide to supply you with high-quality products, content and servicesas you request, to send important notices, and for internal purposes such asauditing, data analysis, and research to provide you with the information youneed to make the most informed decisions. We may also use your personal data tooffer you products, content or services that may be of interest to you, basedupon your interests or the preferences you shared with us, and may share yourpersonal data with third party sponsors of content, events, and other servicesor offers. The legal basis forprocessing your personal data is your consent. In certain circumstances we mayotherwise process your personal data if Bricks and Quarters LLC has alegitimate interest in doing so and Bricks and Quarters LLC is not infringingany of your rights and freedoms. When [Bricks and Quarters LLC] processes yourpersonal data for Bricks and Quarters's legitimate interests, Bricks andQuarters LLC will consider and balance any potential impact on you and yourrights under data protection and any other relevant law. Our legitimatebusiness interests do not override your interests. [Bricks and Quarters LLC]will not use your personal data in circumstances where your rights and freedomsoverride our legitimate interests, unless we have your consent or are otherwiserequired or permitted to by law.
If you are an EUresident, Bricks and Quarters LLC will only share your personal data with unaffiliatedthird parties, with your consent. If Bricks and Quarters LLC shares yourpersonal data to [Bricks and Quarters LLC’s affiliates or with any other thirdparty as described in this Policy and your personal data will be transferred toa state which is not a member state of either the EU or the EEA, or deemedadequate by the European Commission, Bricks and Quarters LLC (as a datacontroller/data exporter) will only conduct such transfer (to a dataprocessor/data importer) if there are suitable safeguards in place, such asbinding corporate rules, standard contractual clauses, approved Codes ofConduct, or approved certification mechanism. For more information, please contact Bricks and Quarters LLC’s DataProtection Officer (see information at the bottom of this Policy).
HOW WE PROTECT YOUR INFORMATION
We use a variety ofphysical, electronic and procedural safeguards to protect your PersonalInformation from loss, misuse and unauthorized access, disclosure, alterationand destruction while it is under our control. Under our practices andpolicies, access to sensitive personally identifiable information is authorizedonly for those who have a business need for such access.] Although we work hardto protect Personal Information that we collect and store, no data securitymeasures are 100% secure and we cannot guarantee that our safeguards willprevent every unauthorized attempt to access, use, alter, destroy, or disclose PersonalInformation. Bricks and Quarters LLC maintains security and incident responseplans to handle incidents involving unauthorized access to private informationwe collect or store. We retaininformation only as long as reasonably necessary for business, accounting, taxor legal purposes. When we dispose of PersonalInformation, we use reasonable procedures designed to erase or render itunreadable (for example, shredding documents and wiping electronic media). Ifyou become aware of a security issue, please contact us at the address, emailaddress, or telephone number provided at the bottom of this Policy. We willwork with you to address any problems. Our employees, affiliates, and thirdparties are bound by internal confidentiality policies and are subject todisciplinary action for any policy violations. Should your status becomeinactive or should our relationship end, we will continue to protect theconfidentiality and security of your Personal Information in accordance withthis privacy policy.
YOUR CONTROL OVER PERSONAL INFORMATION
InformationProvided to Us. Youplay an important role in ensuring the security your Personal Information. Weencourage you to use safeguards to protect your information. If you haveprovided Personal Information to us and wish to delete, change, or correct, orlimit or restrict our use of such Personal Information, you can:
(a) askus to erase or delete all or some of your Personal Information (e.g., ifit is no longer necessary to provide services to you);
(b) editsome of your Personal Information through your Bricks and Quarters LLC Account,or ask us to change, update, or fix your information in certain cases,particularly if it’s inaccurate;
(c) askus to stop using all or some of your Personal Information (e.g., if we have no legal right to keep using it) or to limit ouruse of it (e.g., if your PersonalInformation is inaccurate or unlawfully held); and
(d) askus for a copy of your Personal Information.
For any of the above requests, you willneed to send us a written request (first class mail, email, or other reliableform of written communication) in accordance with our notice provisions below.We are not required to alter or delete information stored for purposes ofbackup or disaster recovery (or where such action may not be technologicallypossible).
If you are an EUresident, under the GDPR, you may, among other things, send Bricks and QuartersLLC a request to (a) confirm that Bricks and Quarters LLC is processing yourpersonal data, or to access, update or correct the personal data ASP holdsabout you, or to obtain a copy to reuse for your own purposes, (b) erase yourpersonal data, (c) opt-out of marketing communications from [Bricks andQuarters LLC or (d) restrict [Bricks and Quarters LLC]'s processing of yourpersonal data. We kindly ask you to send such concerns (or objection) inwritten form stating your name, address and phone number, so that we canconfirm your identity. If you inform us that you want your personal data erased(if you are an EU resident), or that you no longer wish for us to communicatewith you for marketing purposes, or to otherwise restrict Bricks and QuartersLLC’s processing of your personal data, we may retain some basic information inorder to avoid sending you unwanted materials in the future, and to keep arecord of your request and our response.
OTHER INFORMATION YOU SHOULD KNOW
Informationabout Children. We are committed to protecting the privacy of children. Our Products andServices are not designed or intended to attract or target children under theage of 13. We do not collect Personal Information from any person whom weactually know is under the age of 13.
California PrivacyRights. California Civil CodeSection 1798 entitles California customers to request information concerningwhether a business has disclosed Personal Information to any third parties forthe third parties’ direct marketing purposes. As stated in this Policy, we willnot sell or share your Personal Information with non-affiliated companies fortheir direct marketing purposes without your consent (and as otherwise setforth in this Policy). California customers who wish to request further informationabout our compliance with this law or have questions or concerns about ourprivacy practices and policies may contact us as specified in the contactprovide below.
Links to Other Websites or Applications. On or through our Products and Services, we mayprovide links to third party websites. We are not responsible for the contentor information collection practices of those sites, including their privacypolicies. Please review their privacy policies and content or informationcollection practices before using such third party applications or visitingtheir sites.
Anonymous orDe-identified Data.Bricks and Quarters LLC may anonymize and/or de-identify information collectedby Bricks and Quarters LLC via our Products and Services or other means so thatthe information does not identify you. Notwithstanding any other provision inthis Policy, Bricks and Quarters LLC’s use and disclosure of aggregated and/orde-identified information is not subject to any restrictions under this Policy,and we may disclose it to others without limitation for any purpose.
Notice to Non-U.S.Users. Our computer systems are currently based inthe United States, so your personal data will be processed by us in the UnitedStates where data protection and privacy regulations may not offer the samelevel of protection as in other parts of the world, such as the EU. If youcreate an account with our Products andServices as a visitor from outside the United States, by using the our Products and Services, you agreeto this Policy and you consent to the transfer of all such information to theUnited States, which may not offer an equivalent level of protection of thatrequired in the EU or certain other countries, and to the processing of thatinformation as described in this Policy.
DISCLAIMER, AND LIABILITY
Disclaimer. THE REPRESENTATIONS AND WARRANTIES SETFORTH IN THIS POLICY, IF ANY, ARE BRICKS AND QUARTERS LLC’S ONLYREPRESENTATIONS AND WARRANTIES AND NO OTHER REPRESENTATIONS OR WARRANTIES,EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE, WILL APPLY.
Somejurisdictions do not allow the disclaimer of warranties, so such disclaimer maynot apply to you.
Limitationof Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLELAW, IN NO EVENT SHALL [BRICKS AND QUARTERS LLC] BE LIABLE FOR ANY SPECIAL,INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED,WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDINGWITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OR SALES,ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES,EVEN IF [BRICKS AND QUARTERS LLC] OR AN AUTHORIZED REPRESENTATIVE THEREOF HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TOTHE CONTRARY, IN NO EVENT SHALL THE TOTAL LIABILITY OF [BRICKS AND QUARTERS LLC]TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS POLICY EXCEED, IN THEAGGREGATE, $100.00.
Some jurisdictions do not allowthe exclusion of damages, so such exclusions may not apply to you. The limitation of liability set forth aboveshall only apply to the extent permitted by applicable law.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVEARISING OUT OF OR RELATING TO THIS POLICY MUST BE COMMENCED WITHIN SIX (6)MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION ORCLAIM IS PERMANENTLY BARRED.
MISCELLANEOUS
GoverningLaw. By accessing ourProducts and Services, you agree that this Policy shall be governed exclusivelyby the laws of the State of NORTH CAROLINA without regard to conflict of lawsprinciples, regardless of your location when accessing our Products andServices. This Policy is entered intoand performed in CHARLOTTE, NORTH CAROLINA. This Policy does not give rise to personal jurisdiction over Bricks andQuarters LLC, either specific or general, in jurisdictions other than NORTHCAROLINA. Bricks and Quarters LLC makes norepresentation that our Products and Services are appropriate or will beavailable for use in other locations. If you use a site from outside the UnitedStates of America, you are entirely responsible for compliance with applicablelocal laws, including but not limited to the export and import regulations ofother countries in relation to our Products and Services and third partycontent.
DisputeResolution. Theparties shall attempt to resolve any disputes through good faith businessnegotiations or facilitative mediation in CHARLOTTE, NORTH CAROLINA. Except asotherwise determined by Bricks and Quarters LLC, in its sole discretion, alldisputes or claims arising out of or relating to this Policy shall be settledby arbitration, to be conducted by a single arbitrator in CHARLOTTE, NORTHCAROLINA, by and in accordance with the then effective commercial rules of theAmerican Arbitration Association; provided that the arbitrator shall not haveauthority to issue injunctions. The proceedings shall be conducted only in theEnglish language. Judgment upon the award may be entered in any court havingjurisdiction thereof. Other legal proceedings, if any, shall be initiated andmaintained in CHARLOTTE, NORTH CAROLINA. The parties expressly submit to theexclusive personal jurisdiction and venue of these courts and waive anyobjection on the grounds of personal jurisdiction, venue, or forum non convenience.
Attorneys’ Fees and Costs. If any litigation or other court action,arbitration, or similar adjudicatory proceeding is commenced by any party toenforce its rights under this Policy against the other party, all fees, costsand expenses, including, without limitation, cost of arbitration, reasonableattorneys’ fees and court costs, incurred by Bricks and Quarters LLC, if it isthe prevailing party in such litigation, action, arbitration or proceeding,shall be reimbursed by you; provided, that if Bricks and Quarters LLC prevailsin part, and loses in part, the court, arbitrator or other adjudicatorpresiding over such litigation, action, arbitration or proceeding shall award areimbursement of the fees, costs and expenses incurred by Bricks and QuartersLLC Tea on an equitable basis.
Amendmentof this Policy. Bricks and Quarters LLC may, modify, add orremove any portion of this Policy from time to time, in its sole discretionwith or without notice to you. Once posted such changes shall come into fullforce and effect. In addition to other forms of acceptance, use of our Productsand Services constitutes acceptance of this Policy, including continued useafter such changes are posted. It is your responsibility to check periodicallyfor changes to this Policy.
Notices. Any notice to Bricks and Quarters mustbe in writing and must be sent via email to TRACEY@TRACEYLROGERSCPA.COM and byregistered mail or overnight courier to BRICKS ANDQUARTERS LLC 3122 FINCHER FARM ROAD SUITE 100-569 MATTHEWS, NC 28104. Anynotice to you shall be given by email to the email address provided by you tous. Notice shall be deemed to have beengiven to you upon 24 hours after it has been sent. If you change your emailaddress, you are responsible for notifying us.
Severability. If anyprovision of this Policy is held by an arbitrator or court of competentjurisdiction to be invalid or unenforceable, then such provision shall beenforced to the maximum extent permissible so as to affect the intent of thisPolicy, and the remainder of this Policy shall continue in full force andeffect.
NoWaiver. The failure by Bricks and Quarters LLC toexercise or enforce any rights or provisions of this Policy shall notconstitute a waiver of such right or provision.
NoPartnership. No partnership, jointventure, franchisor-franchisee, or agency relationship is intended or createdby this Policy.
Assignment. You may not assign or transfer thisPolicy or your obligations hereunder in whole or in part, whether by operationof law or otherwise, without Bricks and Quarters LLC’s prior written consent.In the event of a permitted transfer, this Policy shall bind and inure to thebenefit of the parties, their respective successors and permitted assigns. Tothe extent any novation is required for Bricks and Quarters LLC to assign thisPolicy, you hereby appoint the officers of Bricks and Quarters LLC as yourattorney-in-fact to execute all documents necessary to consummate suchnovation. Bricks and Quarters LLC may assign or transfer this Policy or itsobligations hereunder in whole or in part, whether by operation of law orotherwise, without obtaining your consent.
Survival. All provisions in this Policy regarding representations and warranties,content, indemnification, disclaimers and limitations on liability shallsurvive any termination of this Policy.
ForceMajeure. Any delay in the performance of any duties orobligations of Bricks and Quarters LLC will not be considered a breach of thisPolicy if such delay is caused by a labor dispute, market shortage ofmaterials, fire, earthquake, flood or any other event beyond the control of [Bricksand Quarters LLC] provided that Bricks and Quarters LLC uses reasonableefforts, under the circumstances, to resume performance as soon as reasonablypracticable.
Language. If a translation of this Policy into any other language is required bylaw, the English version will prevail to the extent that there is any conflictor discrepancy in meaning between the English version and any translationthereof. If this Policy is provided to you in a language other than English, [Bricksand Quarters LLC] does so solely for your convenience.
EntireAgreement. This Policy contains the entire agreementbetween you and Bricks and Quarters LLC, and supersede all previouscommunications, representations, understandings and agreements, either oral orwritten, between us.
CONTACT INFORMATION
If you have anyquestions or concerns about this Policy or about Bricks and Quarters LLC’sprivacy practices, please call us at (980-480-7074) or send an email message toTRACEY@TRACEYLROGERSCPA.COM. You may also direct yourprivacy-related comments or questions to the address below:
BRICKS AND QUARTERS LLC
3122 FINCHER FARM ROADSUITE 100-569 MATTHEWS, NC 28104 TRACEY@TRACEYLROGERSCPA.COM
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, youmay report complaints to the Complaint Assistance Unit of the Division ofConsumer Services of the California Department of Consumer Affairs bycontacting them in writing at 400 R Street, Sacramento, CA 95814, or bytelephone at (800) 952-5210.
If you are an EUresident and believe you have suffered harm due to a breach of your rights by [Bricksand Quarters LLC] under this Policy, and Bricks and Quarters LLC has nothandled your complaint in a reasonably sufficient manner, you may also file acomplaint with the applicable supervisory authority. In addition, you maycontact our Data Protection Officer at tracey@traceylrogerscpa.com or bysending your privacy-related comments or questions to the address set forthabove.