Last Revised: May 30, 2018
This Privacy Policy applies to information collected by ListCertified LLC (“ListCertified”) on www.ListCertified.com (the “Site”) and in conjunction with all ListCertified services. This Privacy Policy is designed to ensure that visitors to the Site understand what information List Certified collects, when it collects information, how and why it collects it, how it uses it, how it shares it, and the choices that users of the Site and List Certified’s services have.
ListCertified Information Collection and Storage Practices
ListCertified collects and stores the information that you may provide to us through the Site. Specifically, when you register for ListCertified’s services, you provide information which may include such personal information as your full name, the company you work for, business title, postal address, email address, telephone number, mobile number, fax number, gender, date of birth, volume of business, marketing preferences, credit card information, and other information (“Personal Information”). In addition to the above Personal Information, ListCertified may also receive the following data from you when you register for services and use the ListCertified services: sign up IP address, sign up time stamp, sign up web page URL, sign up web page category, time stamp of last activity on the Site, your subscriber number, as well as other data submitted. If you register an account with ListCertified and/or otherwise provide any such Personal Information to ListCertified, you consent to your Personal Information being collected, used, and stored by ListCertified, in accordance with the Terms of Use and this Privacy Policy.
For credit card payments to ListCertified, ListCertified will collect and store the following using industry standard technology for encryption: cardholder name, cardholder address, cardholder phone number, last four digits of the card provided, and the response received from its third party merchant credit card processor, FirstData.
ListCertified also collects and stores any information uploaded to the Site or otherwise submitted to ListCertified in conjunction with the provision of its services, including but not limited to CSV/TXT files, which are stored encrypted “at rest” using per-customer encryption keys on ListCertified’s servers. When in use, the files are de-crypted. Any files uploaded to the Site are stored until: (a) deleted by you; or (b) automatically, sixty (60) days after processing. For data received via “single record” queries on ListCertified’s live feed APIs, the data may be stored up to a maximum of twelve (12) hours.
In addition, ListCertified automatically collects certain information from your computer in connection with your use of the Site, including while visiting or logged onto the Site and on API calls such as your web browser, IP address, domain servers, type of computer or device accessing the Site, pages visited on our Site, data and time the Site is accessed, and what information and files have been downloaded (collectively, “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes and for improving your experience on the Site.
When you visit the Site, ListCertified may send one or more “cookies” to your computer. Cookies are small text files that are stored on your computer through your web browser and are used by most websites to personalize your web experience. Some cookies may facilitate the Site’s features for enhanced performance and functionality such as remembering preferences, analyzing usage for optimization of the Site, and providing custom content. Performance cookies collect information about how visitors use the Site for web analytics purposes, for instance which pages visitors go to most often and error messages received. ListCertified uses Google Analytics for web analytics. All information collected by these cookies is anonymous; they do not collect information that identifies a visitor. These cookies are only used to improve how the Site works and your experience on the Site. By using the Site, you agree that we can place these types of cookies on your device. Functionality cookies allow the Site to remember choices you make (such as remembering your user name and password, language preference or the region you are in) and provide enhanced, more personalized features. These cookies may also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. They may also be used to provide services you have requested, such as when you register or create an account on the Site to keep you logged in to your account as you browse the Internet. These cookies do not track your browsing activity on other websites. By using the Site and signing up for an account with us, you agree that we can place these types of cookies on your device. ListCertified and its third party service providers who assist with managing the Site and providing web analytics use cookies, web beacons and similar technologies on the Site. ListCertified may link the information it stores in cookies to any Personal Information you submit through the Site.
You can modify your browser settings at any time, including setting your browser to notify you when you receive a cookie, giving you the choice to decide whether or not to accept it. If you reject cookies, you may still use the Site, but functionality of some areas may be limited.
ListCertified Information Use and Sharing Practices
ListCertified may use the information you submit through your use of the Site and services, including Personal Information to, and share it such with its affiliate companies, business partners, and third party service providers to:
Address, respond to, process, and fulfill requests you have made to ListCertified;
Process your credit card payment for ListCertified’s services through ListCertified and its third party credit card processor, First Data;
Analyze trends, administer the Site, track users' activities on the Site, understand the parts of the Site visited most often and gather broad demographic information for aggregate use in improving the Site;
Make the Site easier for you to use and to inform you of service and product updates, new products and services and other related information from ListCertified;
Communicate with you regarding the Site and the services;
Send You marketing communications that we believe may be of interest to you, including but not limited to promotional email;
Facilitate Targeted Advertising on our behalf (these services are more fully described below in the section titled "Targeted Advertising."); and
Develop new products and services, or enhance, improve, or modify our products or services.
ListCertified uses physical, electronic and administrative safeguards designed to protect your Personal information against loss, misuse or alteration. ListCertified encrypts credit card numbers using industry standard technology. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If a security breach causes an unauthorized intrusion into the Site or ListCertified’s system that materially affects you or your Personal Information, we will attempt to notify you as soon as possible.
In addition, ListCertified may also disclose your Personal Information and other information collected through the Site in response to lawful requests by public authorities; to meet national security or law enforcement requirements; or as otherwise required to comply with a legal obligation under applicable law, or valid legal process, such as a search warrant, a court order, or a subpoena. ListCertified may also share your Personal Information where it has a good faith belief that it is necessary for the purpose of its own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, or protecting the safety of any person, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your Personal Information.
In addition, ListCertified may share your information with another company in relation to negotiation of or a sale or consolidation of ListCertified's assets, provided, however, that such companies agree to honor all of the privacy commitments set forth in this Privacy Policy. In cases of onward transfers to third parties, ListCertified shall remain liable for any violations of this Privacy Policy and of the Privacy Shield Principles.
Except as described in this Privacy Policy, ListCertified does not share, sell, rent, loan, trade, lease or disclose your Personal Information to any third party without your prior consent, and will not use your information except as described in this Privacy Policy in effect at the time of collection. As this Privacy Policy is revised, the date of the last revision will be noted above. If ListCertified identifies new material purposes for the information already collected from you, we will seek your express consent prior to using the information we have already collected from you for any new purpose.
ListCertified believes that it's especially important to protect children's privacy online. Note: ListCertified defines "children" as minors younger than 13. In compliance with the Children's On Line Privacy Protection Act, ListCertified does not allow children under 13 to sign up for its services.
Your California Privacy Rights
As provided by California Civil Code Section 1798.83, a California resident who has provided personal information to an entity with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. If you are California resident and would like to make such a request or require further information about our compliance with this law, you may contact us by e-mailing [email protected] Please note that we are only required to respond to one request per customer each calendar year.
Opt-Out of ListCertified Future Contacts
ListCertified may maintain an email marketing newsletter list and event alerts list to communicate with our clients and prospects. Individuals must affirmatively ask to join our email list by opting-in on the Site. All email messages sent to these lists include an opportunity to unsubscribe or opt-out of receiving future newsletters and event alerts. Please note that if you do opt-out of receiving email messages from us, ListCertified may still send you messages for administrative or other purposes directly relating to your use of the services, and you cannot opt-out of receiving those messages.
You may also request to be removed from our email marketing newsletter list and event alert list by contacting us via email at [email protected] ListCertified also maintains a postal mailing list to communicate with our clients and prospects. You can request to be removed from our mailing list by contacting us via email at [email protected]
ListCertified acknowledges that you have the right to access your Personal Information. To request access to, correction, amendment, or deletion of your Personal Information, please send a request via email to [email protected] ListCertified will respond within 30 days.
You can do the following at any time by contacting us through the specified manner above:
- See what data, including any Personal Information, we have about you, if any;
- Request access to your Personal Information;
- Change/correct any data we have about you;
- Have us delete any data we have about you; and
- Express any concern you have about our use of your data.
If you request deletion of your account, we may need to retain certain Personal Information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion. There may also be residual information that will remain within our ListCertified’s databases and other records, which will not be removed. We may retain Personal Information for as long as needed to provide the Site and related services, or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements. To contact ListCertified with any inquiries or complaints, including any regarding our Terms, Privacy Policy, please contact us via email at
[email protected]
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to
[email protected]
Targeted Advertising
As you browse the Internet, you may see advertisements on the web pages you visit. ListCertified delivers and works with advertising partners to enable the delivery of relevant messages to the right consumers, while protecting consumer privacy and offering choices about participating in such activities. This is called “Targeted Advertising” and may be based on a variety of factors, such as websites you visit, perceived interests, and demographic information. Targeted Advertising does not result in you seeing more ads, rather the ads you see will be more relevant to you.
Links to Third Party Sites
The Site may contain links to third party sites. This Privacy Policy does not apply to the information collection and use practices of third party sites. We encourage you to review the privacy policies of any third party site you may link to from the Site.
Cross-Border Transfer
The Site and ListCertified’s services are controlled and operated by ListCertified from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By using the Site and Services, you consent to the transfer of such information to countries outside of your country of residence, which may have different data protection rules than those of your country.
International Privacy and Disputes
ListCertified complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. ListCertified has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the policies in this Privacy Policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, please visit: https://www.privacyshield.gov/. Certified entities are listed at: https://www.privacyshield.gov/list.
List Certified commits to subject all Personal Information received from the EU in reliance on the Privacy Shield Principles.
Any information you provide to us is controlled and processed by ListCertified. In the instance of credit card information submitted via the Site, such information will be controlled and processed by ListCertified and First Data, its third party merchant credit card processor.
In compliance with the Privacy Shield Principles, ListCertified commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union individuals with Privacy Shield inquiries or complaints should first contact ListCertified at:
[email protected]
ListCertified has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU Privacy Shield, operated by the Council of Better Business Bureaus, an alternative dispute resolution provider located in the United States, to address complaints and provide appropriate recourse free of charge to the individual. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you. ListCertified is subject to the investigatory and enforcement powers of the Federal Trade Commission (“FTC”), or any other U.S. authorized statutory body. The FTC has jurisdiction over ListCertified’s compliance with the Privacy Shield.
Please note that if your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration option for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction. The place of arbitration shall be the United States, and in person participation will not be required. Irrespective of the outcome of arbitration, each party shall bear its own attorneys’ fees. The arbitrator(s) has the authority to impose individual-specific, non-monetary equitable relief necessary to remedy any violation of the Privacy Shield Principles only with respect to the individual. Section C of Annex I to the Privacy Shield Principles contains more details regarding initiating arbitration proceedings and can be reviewed at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Changes to This Privacy Policy
ListCertified may revise this Privacy Policy from time to time, and will post those changes here and other places we deem appropriate so that you are aware of what changes have been made in how we collect, use and disclose your information. You should bookmark and periodically review this page to ensure that you are familiar with the most current version of this Privacy Policy. You can determine when this Policy was last revised by checking the "Last Revised" legend at the top of this Privacy Policy.
Questions
To ask questions about ListCertified's Privacy Policy, email
[email protected]
