LAST UPDATE: 11.01.2020
This Agreement is a binding legal contract between Listabilities, LLC (also referred to as “Publisher,” “we,” “us,” or “our”) and the end user (“User,” “you,” or “your”) that governs your use of one or more of Publisher’s emails and online properties, including, without limitation, all content such as text, information, images, applications and audio (collectively, “Content”) and all services (“Services”) made available to you through the Publisher by us and/or third-parties (this website and the Content and Services are collectively referred to herein as the “Site”). Site refers to the pages within the Publisher’s websites and emails.
Before using this Website, you should know:
- Any personal information you provide to this Publisher through its Websites includes your consent to email you information, advertisements or promotions that appear to interest you.
- This Publisher sends email notifications, email newsletters and/or first-party and third-party promotions to its subscribers.
- If you no longer consent to receiving email from this Publisher, you can easily unsubscribe from this Publisher’s email list by clicking the “unsubscribe” link at the bottom of Publisher’s email.
- If you unsubscribe or opt-out of this Publisher’s email list, they will no longer contact you, nor will this Publisher keep your personal information on file for any other reason than the maintenance of a “Do-Not-Contact” list to further ensure your privacy and compliance with the law.
- If you do not unsubscribe or opt-out, this Publisher may process, analyze, segment, sell, rent or transfer your data for any legally permissible purpose.
Information Collection, Use, and Dissemination Practices:
This policy applies to Listabilities, LLC and all associated properties, collection, use, storage and disclosure of information by Publisher (a) on its websites, including all its divisions, subsidiaries and related companies (collectively, the “Websites”), (b) on various third-party websites, and (c) to Publisher’s other information collection, including the purchase of customer lists from third parties, or the use of customer lists from third-parties. Listabilities, LLC is not responsible for the information collection or privacy practices of third party-websites or applications.
- Collection of Information.
1.1.User Direct Information:
Each time you provide information to Listabilities, LLC and all associated properties, on any Website page owned, operated or controlled by the Publisher, request information on any site, or submit any other form of inquiry, send us an email, subscribe to a newsletter, redeem an offer or otherwise transmit information via the site in any way, Publisher may obtain and collect personally identifiable information provided by you, including, but not limited to, your name, email address, mailing address, social security number, credit card information, telephone number, or any other form of data that you submit, including your user agent information, a cookie, IP address, a time-date stamp and potentially more information may be collected and recorded to a backup file for our records indefinitely.
You may also provide us with information that, when combined with personally identifiable information, provides the Publisher 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”). If you choose to access our Site, use our Services or purchase our products, we may require you to provide personal information as indicated on the forms throughout the Site.
1.2. Survey Information:
Listabilities, LLC and all associated properties, collects information from you when you voluntarily complete a survey, order form, or a registration page either online by using the internet, or offline by providing this information through the mail, in person or using a telephone. This information may also be collected by surveys, order forms, or registration pages operated by third-parties. This method of collection is collectively known as a survey (“Survey”). In such Surveys, all associated properties, or a third-party may ask you to provide personal identifiable information Including your name, email 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. The Publisher and all associated properties, may also collect such information concerning you from another source and use that information in combination with information provided from this website. Completing the Surveys is completely voluntary, and you are under no obligation to provide Survey Information to the publisher or any third-party.
1.3. Third-Party List Information:
The Publisher and all associated properties, may collect information from you or about you when you provide information to a third-party and Publisher subsequently purchases, licenses, or otherwise acquires the information from the third-party. Such purchased information may include, but is not limited to, your name, email 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 as the individual may have provided to the third-party. When acquiring this information, Publisher seeks assurances from the third-party that it has a right to transfer the information to Publisher and that the third-party has a right to provide offers from advertisers to you included on the third-party list.
1.4. Cookies, Web Beacons, and Other Info Collected Using Technology:
Publisher currently uses cookie and web beacon technology to associate certain Internet-related information about you with information about you in its database. Additionally, Publisher may use other new and evolving sources of information in the future.
(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 Publisher to track certain websites 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, Publisher also uses web beacons in email messages sent to individuals listed in Publisher’s database.
(c) IP Addresses: Publisher 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 websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages.
(e) Data Analysis: Data analysis technology may be employed from time to time if used by a client of Publisher.
(f) New Technology: The use of technology on the internet, Including cookies and web beacons, is rapidly developing. As a result, Publisher strongly encourages individuals to revisit this policy for any updates regarding its use of new technology.
1.5. No Information Collected from Children:
Publisher will never knowingly collect any personal information about children under the age of 18. If Publisher obtains actual knowledge that it has collected personal information about a child under the age of 18, that information will be immediately deleted from its database. Because it does not collect such information, Publisher has no such information to knowingly use or to disclose to third-parties. Publisher has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).
1.6. Credit Card Information:
Publisher may, in certain instances, collect credit card numbers and related information when an individual places an order from Publisher. When the credit card information is submitted to Publisher, such information is encrypted and is protected with SSL encryption software. Publisher 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.
- Use of Individual Information
The following section describes how Publisher uses personal information. The uses described in these sections may change at any time. Publisher may also broaden its use of your personal information. Publisher may also use your personal information to provide commercial promotional offers to individuals or entities through, among other things, email advertising, telephone marketing, direct mail marketing, banner advertising, SMS mobile and text messaging.
2.1. Discretion to Use Information:
The personal information collected on this Site and by third-parties will be used to operate the Site and to provide the Services or Products or carry out the transactions you have requested or authorized. Publisher may change or broaden its use of your personal information at any time. Publisher may use your personal information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, and other possible uses. PUBLISHER MAY USE, SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD-PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE AT ITS SOLE DISCRETION.
Publisher may use your personal information to provide first and third-party advertisements and offers by email to you. Publisher may maintain separate email lists for different purposes. If you wish to end your email subscription from a particular list, you only need to press the unsubscribe link on the bottom or footer of any email message sent by this Publisher. Because Publisher only sends emails when you have agreed to receive emails from Publisher or you have agreed to receive emails from third-parties, statutes requiring certain formatting for unsolicited email are not applicable to email messages sent by Publisher. Publisher is not responsible for any email sent by a third-party to whom it has sold, transferred or otherwise licensed email contact information. Publisher is indemnified by all third-parties who mail or email data collected by Publisher as licensing would include procedures to lawfully transfer your email information to them for CAN-SPAM compliant uses. If a third-party that is licensed to use your data for any legal reason is not in compliance, such activity is directly the responsibility of the entity mailing to your email address and should be addressed with the company or individual that owns the email address from which you received mail from.
2.3. Profiling and Target Advertising:
Publisher uses your information to make and improve profiles of you and to track your online browsing habits and determine which areas of Publisher’s websites are most frequently visited. This information helps Publisher to better understand your interests so that it can target advertising and promotions to you. Publisher may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
2.4. Storage of Personal Information:
Publisher stores your information in a database on Publisher’s servers. Our servers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under Publisher’s control. Notwithstanding such measures, Publisher cannot guarantee that its security measures will prevent Publisher computers from being illegally accessed, and your information from being stolen or altered, and Publisher expressly disclaims responsibility or liability in the event of any damage resulting from such illegal activity by others.
- Use of Personal Information.
3.1.Sale or Transfer to Third-Parties:
PUBLISHER MAY USE, SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD-PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE AT ITS SOLE DISCRETION. Publisher uses your personal information in the following (3) ways: Customer Service; Marketing; and Complying with the law.
3.2. Customer Service:
Publisher will use your personal information to respond to you, to process, validate and verify requests and/or purchase orders, to fulfill any of your requests and to tailor your experience on our Websites.
Publisher will use your personal information for any marketing and survey purpose on behalf of Publisher and its affiliates and subsidiaries to send information to you about additional goods or services that may be of interest to you. In addition, Publisher 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. Complying with Legal Processes:
Publisher 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 Publisher. Publisher will use and disclose your personal information if we believe you will harm the property or rights of Publisher, its owners, or those of Publisher’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 Publisher’s acceptable use policy, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.
3.5. Order Fulfillment:
Publisher 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 Publisher’s Websites or when responding to offers provided by Publisher.
3.6. Data Summary:
Publisher may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
- Privacy Practices of Third-Parties
4.1.Advertiser cookies and web beacons:
Advertising agencies, advertising networks, and other companies who place advertisements on the Websites and on the internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Publisher does not control the use of such technology and Publisher has no responsibility for the use of such technology to gather information about you.
The Websites and email messages sometimes contain hypertext links to the websites of third-parties. Publisher is not responsible for the privacy practices or the content of such other websites. Linked Websites may contain links to websites maintained by third-parties. Such links are provided for your convenience and reference only. Publisher does not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website or to an article or blog on a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
- SMS, Wireless and Other Mobile Offerings:
Some of the services that we provide may result in sending an SMS, wireless or other mobile offering to your cell phone. These should be obvious in the context of the offering at the time you sign up. By signing up, you are agreeing to receive these mobile offerings. You understand that your wireless carrier’s standard rates apply to these messages. To unsubscribe or discontinue SMS messages, send “STOP”, “END”, “QUIT” to the SMS text message you have received. This process impacts only the future delivery of the particular SMS message offering, so you must send that message for each offering. This will not affect offerings sent on behalf of third-parties.
- User Consumer Rights
For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov
SERVICE SUBSCRIPTION & EXPRESS CONSENT TO RECEIVE PHONE CALLS OR MESSAGES.
By subscribing, such act constitutes your express written consent to be contacted by us or our partner companies via prerecorded telephone message for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), and the Electronic Signatures in Global and National Commerce Act (15 USC §96), as amended from time to time. The calls you are agreeing to receive may describe goods and services which may be offered by third-parties and any goods or services described in the call are not sold by or through Publisher.
You are subscribing to receive calls only from Publisher and their partner third-party companies, and only at the specific number(s) you have provided to us if you did provide a number. Your consent will be effective if the number you have provided is a home, business, or mobile phone line, or if the number is registered on any state or federal Do-Not-Call (DNC) list as of the date of this consent. Publisher reserves the right to refrain from calling any number registered on a DNC list in connection with any promotions. This consent shall remain in effect until you revoke your consent and cancel your subscription.
If you have additional questions about this policy, please contact Publisher from the “Contact Us” page of the Publisher’s website.