Privacy Policy
This
Privacy Policy (“Privacy Policy”) governs your use of this web
site and any content, products or services made available from or
through this Web Site including any sub domains thereof (“Web
Site”). The Web Site is made available by ListMGT
hereafter referred to as (“Company”).
By
visiting this Web Site and requesting information, products or
services offered on or through this Web Site, you agree to the terms
of this Privacy Policy, as they may be amended from time to time. As
Company updates or expands its Web Site, services or products, this
Privacy Policy may change and the changes are effective upon posting.
Please check back frequently for updates as it is your sole
responsibility to be aware of changes. Company does not provide
notice of changes in any manner other than by posting the changes at
this Web Site. This Privacy Policy is incorporated into, and part
of, the Web Site Terms and Conditions of use (“Terms of Use”),
which governs your use of this Web Site in general.
This
Web Site is hosted in the United States of America. The Privacy
Policy shall be interpreted under the laws of the United States.
Purpose
of the Privacy Policy.
The
purpose of this Policy is to describe the information collection,
use, and dissemination practices of Company, its parent, subsidiaries
and registered d/b/a companies (Collectively Referred herein after as
“Company”) and all related Web Sites owned or registered to
Company and applies to Company’s collection, use, storage and
disclosure of information by Company on its (a) Web Sites, including
all its divisions, subsidiaries and related companies (collectively,
the "Web Sites"), (b) on various Third Party Web Sites, and
(c) to Company's other information collection, including the
acquisition of customer information from Third Parties. Company is
not responsible for the information collection or privacy practices
of third party Web Sites or applications which company does not own
or control.
By
reference, this Privacy Policy is incorporated into and is subject to
the Terms of Use pertaining to the use of the Web Site. Your use of
the Web Site and any Personal Information you provide via the Web
Site or through other official Company contact remains subject to
this Privacy Policy as well as the applicable Terms and Conditions
for use of the site or services and products contained thereon.
By
providing us with Personal Information about yourself on our Web Site
or in the course of using our services, you consent to the transfer
of your Personal Data, and any other data we acquire about you from
third-party service providers.
Information
Collection, Use, and Dissemination practices.
1.
Collection
of Information.
1.1.
User
Direct Information. Each
time you provide or transmit information via the Web Site, Company
may obtain and collect personally identifiable information about you,
including, but not limited to, your name, e-mail address, mailing
address, social security number, credit card information, and
telephone or cell phone number. You may also provide us with
information that, when combined with personally identifiable
information, provides us with a better idea of who you are, including
but not limited to your gender, birthday, marital status, and
education level (collectively referred to as "Personal
Information").
1.2.
Survey
Information. Company
may collect information from you when you voluntarily complete a
Company survey, order form, or a registration page either online by
using the internet, offline by providing this information through the
mail, in person or using a telephone. This information may be
collected by surveys, order forms, or registration pages operated by
third parties. This method of collection is collectively known as a
“Survey.” In such Surveys, Company or a third party may ask you
to provide Personal Information including your name, e-mail address,
street address, zip code, telephone numbers (including cell phone
numbers and carriers), birth date, gender, salary range, education
and marital status, occupation, social security number, employment
information, personal and online interests, and such other
information as may be requested from time to time. Company may also
collect such information concerning you from another source and uses
that information in combination with information provided from the
Web Site or Surveys. Completing the Surveys is completely voluntary,
and you are under no obligation to provide Survey Information to
Company or a third party.
1.3.
Third
Party Information. Company
may collect information from you when you provide information to a
third party and Company subsequently acquires or uses the information
provided by the third party. Such information may include, but is
not limited to, your name, e-mail address, street address, zip code,
telephone numbers (including cell phone numbers and carriers), birth
date, gender, salary range, education and marital status, occupation,
industry of employment, personal and online interests, and such other
information you may have provided to the third party. When acquiring
this information, Company seeks assurances from the third party that
you agreed to provide and have such information acquired by Company. If
you did not give express permission, or you would like to remove
your permission, you may suppress all of your information by sending
notification to us at http://www.listmgt.com/unsubscribe.html.
1.4.
Other
Methods of Collecting Personal Information. Other
occasions when Company obtains information from you include: (1) when
you claim a prize or seek to redeem an offer by Company or by a third
party; (2) when you request assistance through Company’s customer
service department; and (3) when you voluntarily subscribe to a
Company service or newsletter.
1.5.
Cookies,
Web Beacons, and Other Info Collected Using Technology. Company
currently uses cookie and web beacon technology to associate certain
Internet-related information about you with information about you in
its database. Additionally, Company may use other new and evolving
sources of information in the future.
(a)
Cookies. “Cookies”
are a feature in your browser software. If enabled, we may write
cookies that may store small amounts of data on your computer about
your visit to any of the pages of this Site. Cookies assist us in
tracking which of our features appeal the most to you and what
content you may have viewed on past visits. When you visit this site
again, cookies can enable us to customize our content according to
your preferences. We may use cookies to: keep track of the number of
return visits to this site; accumulate and report aggregate,
statistical information on Web Site usage; deliver specific content
to you based on your interests or past viewing history; save your
password for ease of access to our Site. You can disable cookies,
although the Site may not function properly for you. Your browser
preferences can be modified to accept or reject all cookies, or
request a notification when a cookie is set. You may read more about
cookies at http://cookiecentral.com. In order to use all of the
features and functionality of Company’s Web Sites, you need to
accept cookies.
(b)
Web Beacons. A
web beacon is a programming code that can be used to display an image
on a web page, but can also be used to transfer your unique user
identification to a database and associate you with previously
acquired information about an individual in a database. This allows
Company to track certain Web Sites you visit. Web beacons are used
to track online behavioral habits for marketing purposes to determine
products or services you may be interested in. In addition to using
web beacons on web pages, Company also uses web beacons in e-mail
messages sent to individuals listed in Company’s database.
(c)
IP Addresses. Company
automatically tracks certain information based upon your behavior on
the site. We may use this information to do internal research on our
users' demographics, interests, and behavior to better understand,
protect and serve you and our community. This information may
include the URL that you just came from (whether this URL is on the
site or not), which URL you next go to (whether this URL is on the
site or not), your computer browser information, and your IP address.
Your Internet Protocol ("IP") is a unique Internet
"address" which is assigned to you by your Internet Service
Provider ("ISP"). For local area network ("LAN"),
DSL, or cable modem users, an IP address may be permanently assigned
to a particular computer. IP addresses are automatically logged by
Web servers, collecting information about a user's traffic patterns.
While the IP address does not identify an individual by name, it may,
with the cooperation of the ISP, be used to locate and identify an
individual using the Web. Your IP address can, however, reveal what
geographic area you are connecting from, or which ISP you are using.
Finally, other Web Sites you visit have IP addresses, and we may
collect the IP addresses of those Web Sites and their pages.
(d)
Computer Profiles. Company
may also collect and accumulate other anonymous data which will help
us understand and analyze the Internet experience of our visitors. For
instance, Company may accumulate visitor data relating to
referring domain names, the type of browsers used, operating system
software, screen resolutions, color capabilities, browser plug-ins,
language settings, cookie preferences, search engine keywords and
JavaScript enablement. When you provide us with Personal
Identification Information, we are able to use such visitor data to
identify you.
(e)
Data Analysis. Data
Analysis technology may be employed from time to time if used by a
Client of Company.
(f)
New Technology. The use
of technology on the Internet, including cookies and web beacons, is
rapidly developing. As a result, Company strongly encourages
individuals to revisit this policy for any updates regarding its use
of new technology.
1.6.
No
Information Collected from Children. Company
will never knowingly collect any Personal Information about children
under the age of 13. If Company obtains actual knowledge that it has
collected Personal Information about a child under the age of 13,
that information will be immediately deleted from its database. Because
it does not collect such information, Company has no such
information to use or to disclose to third parties. Company has
designed this policy in order to comply with the Children's Online
Privacy Protection Act ("COPPA").
1.7.
Credit
Card Information. Company
may, in certain instances, collect credit card numbers and related
information when an individual places an order from Company. When
the credit card information is submitted to Company, such information
is encrypted and is protected with SSL encryption software. Company
will use the credit card information for purposes of processing and
completing the purchase transaction, and the credit card information
will be disclosed to third parties only as necessary to complete the
purchase transaction.
2.
Use
of Personal Information.
2.1 General
Use. The
following paragraphs in Section 2 describe how Company currently uses
Personal Information, but Company may change or broaden its use at
any time. As noted below, Company may update this policy from time
to time. Company may use Personal Information to provide promotional
offers to individuals by means of e-mail advertising, telephone
marketing, direct mail marketing, online banner advertising, and
package stuffers, among other possible uses.
2.2.
E-mail
and Unsubscribe Policy. Company
uses Personal Information to provide other businesses promotional
offers by e-mail to individuals. Company may maintain separate
e-mail lists for different purposes. If e-mail recipients wish to
end their e-mail subscription from a particular list, they need to
follow the instructions at the end of each e-mail message to
unsubscribe from the particular list. To unsubscribe from all
Company’s e-mail lists, a person must submit their e-mail to http://www.listmgt.com/unsubscribe.html.
Company's
unsubscribe process impacts only the future delivery of electronic
mailings disseminated by Company on its own behalf. You may still
receive electronic mailings sent on behalf of Third Parties and your
Personal Information may still be shared with Third Parties for use
in offline marketing and data appends, including e-mail appends.
You
should also note that unsubscribing from Company’s electronic
mailings will not automatically unsubscribe the subscriber’s
information from any Third Party business associates and licensees of
the data. Since Third Party associates and licensee partners
maintain separate databases from Company, and you will need to
unsubscribe from each source individually, if desired. This allows
you the freedom to pick and choose which subscriptions to maintain
and which to discontinue.
2.3.
Content
of E-mail Messages. You
may receive
certain
commercial e-mail messages sent by third parties for products which
may be of interest to you. In such case, an Advertiser's name will
appear in the "From:" and Replying to such e-mail may send
the message to that Advertiser. The "Subject:" line of
the e-mail messages will usually contain a line provided from the
Advertiser.
2.4.
Solicited
E-mail. Company
only sends e-mail to individuals who have agreed on the Web Site(s)
to receive e-mail from Company or to individuals who have agreed on a
Third Party Web Site to receive e-mail from Third Parties. As such,
Company does not send unsolicited e-mail messages. As a result,
United States statutes requiring certain formatting for unsolicited
e-mail are not applicable to Company's e-mail messages.
2.5.
Targeted
Advertising. Company
may use Personal Information to target advertising to an individual.
When an individual is using the Internet, Company uses Technology
Information to associate an individual with that person's Personal
Information, and Company attempts to show advertising for products
and services in which the person has expressed an interest in the
Surveys, indicated an interest by means of Technology Information,
and otherwise. Company may, at its discretion, target advertising by
using e-mail, direct mail, telephones, cell phones, and other means
of communication to provide promotional offers.
2.6.
Telemarketing. Company
may use Personal Information to advertise, directly or indirectly, to
individuals using direct mail marketing or telemarketing using
telephones and cell phones. You may have your telephone number or
cell phone number listed on a state or federal do not call registry. By
registering and using this Site, You are expressly giving
permission of Company and any agent or vendor of Company the right to
contact you by telephone or cell phone. Further, if you are residing
outside the United States, by registering and using this Site, You
acknowledge that the processing of your Personal Information may
involve the transfer of such Personal Information from within or
outside the European Economic Area (“EEA”) to countries within or
outside the EEA whose data protection regulation may not be as
stringent as that within the European Union. We may use Personal
Information to provide the services you've requested, including
services that display customized content and advertising.
2.7. Wireless
Addresses. If
the e-mail address you provide to Company is a wireless e-mail
address, you agree to receive messages at such address from Company
or its business associates (unless and until you have elected not to
receive such messages by following the instructions in the
unsubscribe portion of this policy). You understand that your
wireless carrier's standard rates apply to these messages. You
represent that you are the owner or authorized user of the wireless
device on which messages will be received, and that you are
authorized to approve the applicable charges.
2.8. Short
Message Service. Company
may make available a service through which you can receive messages
on your wireless device via short message service (“SMS
Service”).
Data obtained from you in connection with this SMS service may
include your name, address, cell phone number, your provider's name,
and the date, time, and content of your messages. You represent that
you are 18 years of age and the owner or authorized user of the
wireless device on which messages will be received, and that you are
authorized to approve the applicable charges. In addition to any fee
of which you are notified, your provider's standard messaging rates
apply to our confirmation and all subsequent SMS correspondence. All
charges are billed by and payable to your mobile service provider.
Company will not be liable for any delays in the receipt of any SMS
messages, as delivery is subject to effective transmission from your
network operator. SMS message services are provided on an AS IS
basis. Company may also obtain the date, time and content of your
messages in the course of your use of the SMS Service. We will
use the information we obtain in connection with our SMS Service in
accordance with this Privacy Policy. If fees are charged to
your wireless account invoice, we may provide your carrier with your
applicable information in connection therewith. Your wireless
carrier and other service providers may also collect data about your
wireless device usage, and their practices are governed by their own
policies.
You
acknowledge and agree that the SMS Service is provided via wireless
systems which use radios (and other means) to transmit communications
over complex networks. We do not guarantee that your use of the
SMS Service will be private or secure, and we are not liable to you
for any lack of privacy or security you may experience. You are
fully responsible for taking precautions and providing security
measures best suited for your situation and intended use of the SMS
Service. We may also access the content of your account and
wireless account with your carrier for the purpose of identifying and
resolving technical problems and service-related complaints.
Company
may use Personal Information to provide the services you've
requested, including services that display customized content and
advertising. Company may also use Personal Information for auditing,
research and analysis to operate and improve our technologies and
services. Company may share aggregated and non Personal Information
with third parties business associates. When Company uses business
associates to assist Company in processing your Personal Information,
Company requires that they comply with our Privacy Policy and any
other appropriate confidentiality and security measures. Company may
also share information with third parties, including but not limited
to, when complying with legal process, preventing fraud or imminent
harm, and ensuring the security of our network and services.
You
may remove your information from Company’s database. If you remove
your information from Company’s database, it will no longer be used
by Company for secondary purposes, disclosed to third parties, or
used by Company or third parties to send promotional correspondence
to you. You may remove your information by sending your request to http://www.listmgt.com/unsubscribe.html
or
by sending "STOP", "END", "QUIT" to the
SMS text message you have received.
2.9.
Use
of Technology Information. Company
uses Technology Information: (1) to match a person's Information and
Third Party List Information to other categories of Personal
Information to make and improve profiles of individuals, (2) to track
a person's online browsing habits on the Internet, (3) to determine
which areas of Company's Web Sites are most frequently visited. This
information helps Company to better understand the online habits of
individuals so that Company can target advertising and promotions to
them.
2.10.
Profiles
of Individuals. Company
uses Personal Information to make a profile of an individual. A
profile can be created by combining Survey Information and Third
Party List Information with other sources of Personal Information
such as information obtained from public databases.
2.11.
Storage
of Personal Information. Company
stores the Personal Information in a database on its’ computers.
Company computers have security measures (such as a firewall) in
place to protect against the loss, misuse, and alteration of the
information under Company’s control. Not withstanding such
measures, Company cannot guarantee that its security measures will
prevent its computers from being illegally accessed, and the Personal
Information on them stolen or altered.
3.
Other
Use of Personal Information. Company may use your Personal
Information in the following ways:
3.1.
Public
Forums. When
you contribute to a public area or feature of our Web Site, such as a
chat room, bulletin board, list serve, blog, wiki or other open forum
that we may make available on or through our Web Site, the
information that you submit will be made available to the general
public and will not be considered “Personal Information” for
purposes of this Privacy Policy. For this reason, we recommend
that you do not submit any sensitive information, including your full
name, home address, phone number, other information that would enable
other users to locate you or your financial information on these
areas of our Web Site. Instead, make up a username that does
not disclose your personal identity.
3.2. Third
Party Offers. Company
may make customer lists available to companies or other entities not
affiliated with the Company
that have
goods, services and offers that might be of interest to you. Company
may, from time to time, provide your Personal Information to these
entities so that they may send you these offers.
3.3.
Marketing.
Company
will use your Personal Information for any marketing and survey
purpose on behalf of Company and its affiliates and subsidiaries to
send information to you about additional goods or services that may
be of interest to you. In addition, Company will disclose your
Personal Information to third party agents and independent
contractors to help us conduct our marketing and survey efforts and
to share with other companies in connection with marketing efforts
including but not limited to direct marketing. You may have no
relationship with these other companies.
3.4. Co-sponsored
Contests, Sweepstakes and Offerings. Company
may provide a contest, sweepstake and other offering may be
co-sponsored by another company. In those situations, the
information we obtain from you in connection with such contest,
sweepstake or offering may be shared with our co-sponsor. In
those situations, our co-sponsors will have the right to use your
information for their own purposes, in accordance with their own
policies. If you do not wish for the information we obtain from
you to be shared with our co-sponsor, then do not enter such contest,
sweepstake or other offering or otherwise provide to us any Personal
Information in connection with such contest, sweepstake or other
offering. We are not responsible for how our co-sponsors may
use your information.
3.5.
Service
Providers.
We may use third parties to help operate our Web Site and deliver
products and services, and may share your Personal Information with
our affiliates, service providers and other third parties that
provide products or services for or through this Web Site or for our
business (such as Web Site or database hosting companies, address
list hosting companies, e-mail service providers, analytics
companies, distribution companies, fulfillment companies, and other
similar service providers that use such information on our
behalf).
Unless otherwise stated, these companies do not have any right to use
the Personal Information we provide to them beyond what is necessary
for them to assist us. When you conduct e-commerce with one of
the e-commerce affiliates or service providers to which the Web Site
may be linked, certain Personal Information such as your e-mail and
home address may be collected by the service provider’s server and
made available to us.
3.6.
Aggregate
Statistics. We
may disclose aggregate statistics regarding user behavior as a
measure of interest in, and use of, our Web Site and e-mails to third
parties in the form of aggregate data, such as overall patterns or
demographic reports that do not describe or identify any individual
user.
3.7.
Complying
with Legal Process. Company
will use or disclose your Personal Information in response to
subpoenas, court orders, warrants, or legal process, or to otherwise
establish or exercise our legal rights or defend against legal claims
or in the event you violate or breach an agreement with Company.
Company will use and disclose your Personal Information if we believe
you will harm the property or rights of Company , its owners, or
those of Company 's other customers. Finally, we will use or
disclose your Personal Information if we believe it is necessary to
share information in order to investigate, prevent, or take action
regarding illegal activities, suspected fraud, situations involving
potential threats to the physical safety of any person, violations of
Company’s acceptable use policy, or as otherwise required by law
when responding to subpoenas, court orders and other legal processes.
3.8.
Order
Fulfillment. Company
will transfer your Personal Information to third parties when
necessary to provide a product or service that you order from such
third party while using Company’s Web Sites or when responding to
offers provided by Company.
3.9.
Data
Summary. Company
may sell or transfer non-individualized information, such as summary
or aggregated anonymous information about all persons or sub-groups
of persons.
3.10.
Third
Parties. Company
may provide your Personal Information to third parties with whom they
have a business relationship for the purposes of securing the
services and products you have requested or provide you with
additional marketing materials from which you may choose additional
products or services.
4.
Privacy
Practices of Third Parties.
4.1.
Advertiser
cookies and web beacons. Advertising
agencies, advertising networks, and other companies who place
advertisements on the Web Sites and on the internet generally may use
their own cookies, web beacons, and other technology to collect
information about individuals. Company does not control the use of
such technology and Company has no responsibility for the use of such
technology to gather information about you.
4.2.
Links. The
Web Sites and e-mail messages sometimes contain hypertext links to
the Web Sites of third parties. Company is not responsible for the
privacy practices or the content of such other Web Sites. Linked Web
Sites may contain links to Web Sites maintained by third parties. Such
links are provided for your convenience and reference only. Company
does not operate or control in any respect any information,
software, products or services available on such third party Web
Sites. The inclusion of a link to a Web Site does not imply any
endorsement of the services or the site, its contents, or its
sponsoring organization.
4.3.
Affiliations/Merger/Sale. Company
further reserves the right to disclose, transfer or sell your
Personal Information to companies who are affiliated with Company in
Company’s sole discretion. If Company changes ownership through an
acquisition, merger, sale or other change of business status, it
reserves the right to transfer or assign the right to use your
Personal Information collected from the Web Site.
5.
Foreign
use of the Web Site. To
the extent that you are accessing the Web Site while domiciled
outside of the United States, you acknowledge that the Personal
Information you are providing Company is collected and stored in the
United States and therefore consent to the transfer of information to
and storage of the information outside of your domiciled country and
in the United States.
6. California User Consumer
Rights.
In accordance with California Civil Code Sec. 1789.3, California
resident users are entitled to know that they may file grievances and
complaints with California Department of Consumer Affairs, 400 R
Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254
or 800-952-5210; or by e-mail to dca@dca.ca.gov. For more
information about protecting your privacy, you may wish to visit:
http://www.ftc.gov
If
you have questions about this policy, please contact us at
privacy@listmgt.com.
|