Listrak's Privacy Policy

Effective Date: 03/20/2017

We respect and are committed to protecting your privacy. The following discloses the information gathering and dissemination practices of Listrak, LLC (which is referred to as "Listrak", "we", "our", or "us") on our website www.listrak.com and the Listrak Services Platform ("Services") associated with the site. It also describes the choices available to you regarding our use of your information and how you can access and update this information. Please note that this policy in no way supersedes, replaces, or otherwise relates to the privacy policies of our clients. The use of information collected through our Service shall be limited to the purpose of providing the Service for which our clients have engaged Listrak. We have created this privacy policy so that you can understand the care with which we intend to treat your information.

To report any abuse or violations of Listrak's Services, or to contact us with any questions or concerns regarding this privacy policy, email us at privacy@listrak.com, or call 877.362.4556. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

EU–U.S. Privacy Shield Framework

Listrak 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 certain information transferred from the European Union to the United States. Listrak has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement, and Liability. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit http://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, Listrak commits to resolve complaints about our collection or use of your information. Individuals in the European Union with inquiries or complaints regarding our Privacy Policy should first contact Listrak at privacy@listrak.com.

Listrak will respond to your inquiry or complaint within 45 days. If Listrak fails to respond within 45 days, or if Listrak's response does not address your concern, you may file a complaint through our third party dispute resolution provider, which provides an independent third-party dispute resolution program based in the U.S. This third party dispute resolution program is specifically designed to resolve Privacy Shield-related complaints with no cost to you. If neither Listrak nor our third party dispute resolution provider resolves your complaint, you may pursue binding arbitration through the Privacy Shield Panel as described in the Privacy Shield Agreement, Annex I, to be created jointly by the US Department of commerce and the European Commission.

EU residents have rights to access personal data about them, and to limit use and disclosure of their personal data. With our Privacy Shield certification, Listrak has committed to respect those rights. Because Listrak personnel have limited ability to access data our customers submit to our services, if you wish to request access, to limit use, or to limit disclosure, please provide the name of the Listrak customer who submitted your data to our services. We will refer your request to that customer, and will support the customer as needed in responding to your request. Listrak acknowledges potential liability in cases of onward transfer of personal data to third parties who do not meet the criteria as set forth in this Policy. Listrak complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

Listrak uses an annual self-assessment to review its compliance with this Policy. Any employee who Listrak determines has violated this Policy will be subject to discipline, up to and including termination of employment.

Listrak is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). In addition, Listrak is required to disclose information in response to lawful requests by public authorities, including to meet national security and/or law enforcement requirements.

U.S.–Swiss Safe Harbor

Listrak complies with the U.S-Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from residents of Switzerland. Listrak has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Listrak's certification, please visit http://www.export.gov/safeharbor or view Listrak's certification here.

Information Collection and Use

Listrak collects information at several different points on our web site in order to better serve client and visitor needs. For each visitor to our web pages, our web server automatically recognizes and collects only the visitor's domain name or IP address, aggregate information on what pages visitors access, information volunteered by the visitor, such as name, email, phone and company information, email address related to permission-based subscription to our email alerts, e-newsletters, and promotional emails, and logins to access portions of the site related to their Listrak account.

The information we collect is used to send you requested product or Service information, respond to questions, concerns and customer support inquiries, send you emails, and create demographic profiles of our subscribers, clients, and visitors so we can improve the content of our web site and email alerts.

We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name and company information. If you wish to update or delete your testimonial, you can contact us using the information below.

Information Related to Data Collected through the Listrak Services

Under the direction of our clients, Listrak collects lists of data including personal email addresses of third parties with the purpose of delivering permission-based email campaigns to those lists. Listrak hosts these client lists on our servers. We have no ownership of this information or any direct relationship with individuals whose personally identifiable information may be processed as part of providing our Services.

Listrak acknowledges that you have the right to access your personal information. An individual who no longer seeks to receive emails from a Listrak Client may auto-unsubscribe from email lists (see the Opting Out section below). An individual who seeks access to their data, seeks to correct, amend, or delete inaccurate data, or wishes to opt-out of communications from a Listrak Client should direct his/her query to the Listrak Client he/she interacts with directly (the data controller). If a Listrak Client requests that we remove information on an individual's behalf, we will respond to their request within 30 days.

Listrak may transfer information to other companies that help us provide our Services. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the Service agreements with our clients.

Listrak will retain personal data we process on behalf of our clients for as long as needed to provide Services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Clients who use the Services offered on our Site may submit the information of other individuals at their organization to register them as authorized users and/or Account Associates. It is the client's obligation, as the data controller, to inform its authorized users about the purposes for which information about them is collected and may be used on this Service. Authorized users may update or remove their account information by logging into the Services platform and editing their account information, or by contacting their administrator.

Information Sharing and Disclosure

Listrak will never use, sell, share, disclose, or rent any internal or customer supplied data to any clients, prospects, or other third parties. We will share your information with third parties only in the ways that are described in this privacy policy. Listrak is not an email list rental Service. Our clients retain ownership and control of their lists at all times.

Our hosted application works in concert with this privacy policy to ensure that no sharing or disclosure of list data including information can occur between clients or third parties. Listrak is contractually bound with each of our clients to maintain the privacy and integrity of their campaign data to include all information, tracking data, and analytical data.

We may provide your information to companies that provide Services to help us with our business activities such as offering customer Service and processing payments. These companies are authorized to use your information only as necessary to provide these Services to us and are contractually obligated to keep your information confidential.

We may also disclose your information as required by law, such as to comply with a subpoena, or similar legal process and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

If Listrak is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our web site of any change in ownership or uses of your information, as well as any choices you may have regarding your information.

User Access and Choice

Upon request Listrak will provide you with information about whether we hold any of your personal information. If your information changes, you may correct, update, amend, remove, or ask to have it removed by making the change on your user account settings page, by emailing our Customer Support Team at privacy@listrak.com or by contacting us by telephone or postal mail at the contact information listed below. If you no longer desire our Service, please contact us directly.

We will respond to your request within 24 hours.

We will retain your information for as long as your account is active, as needed to provide you Services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Opting Out

If you wish to subscribe to our email alerts, e-newsletters, and promotional communications, we will use your name and email address to send them to you. Out of respect for your privacy, if you no longer wish to receive Listrak's email alerts, e-newsletters, and promotional communications, you can easily opt-out using the Unsubscribe link included in each communication, reply to the email requesting to be removed from the list, contact us at privacy@listrak.com or call 877.362.4556.

Cookies and Other Tracking Technologies

Technologies such as: cookies, beacons, tags and scripts are used by Listrak and our technology partners, affiliates, or analytics or service providers. These technologies are used in analyzing trends, administering the site, tracking users' movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to remember users' settings (e.g. contact information and other user preference information). Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and/or site functionality.

We use Local Storage Objects (LSOs) such as HTML 5 to store content information and user preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as Flash and HTML 5 to collect and store information. Various browsers may offer their own management tools for removing HTML 5 LSOs. To manage Flash cookies, please click here.

Online Advertising / Behavioral Targeting

We partner with a third party ad network to manage our advertising on other sites. Our ad network partner uses cookies and web beacons to collect non-personally identifiable information about your activities on this and other web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here or if located in the European Union click here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

Confidentiality and Security

Listrak warrants that all customer data remains the property of our customers. We also will not rent, sell, transfer, or otherwise expose the contents of the tracking information resulting from click through, message opened, message read, or eCommerce conversions.

We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. Listrak provides an SSL encrypted, password-protected mechanism for logging in, viewing, uploading, and extracting client data on our Services Platform. Listrak maintains all client data in carrier-class secure facilities protected by firewalls and other security devices. These measures are designed to protect visitor and client information from loss, misuse, or unauthorized alteration. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our web site, you can contact us at privacy@listrak.com.

Links to Other Web Sites

Listrak's web site, or messages created with Listrak, may contain links to other web sites. Listrak is not responsible for the privacy practices or the content of such other web sites. Third parties may independently collect information about web site visitors when they view ads or other communications from third parties through Listrak products or Services. If you submit personal information to any of those sites, your information is governed by their privacy policies. If visitors do not want those companies to collect information about them, they should contact these companies directly. We encourage you to carefully read the privacy policy of any web site you visit.

Some of our pages also utilize framing techniques to serve content from our partners while preserving the look and feel of our site. Please be aware that you are providing your personal information to these third parties and not to Listrak.

Blog

Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your information from our blog or community forum, contact us at privacy@listrak.com. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to do so and why.

Social Media Features

Our web site includes social media features, such as links to our Facebook, YouTube, Google+, Google Blogger, LinkedIn and Twitter pages. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with these features are governed by the privacy policy of the company providing it.

Unsolicited Commercial Email (SPAM)

Listrak is committed to providing a permission-based model for email marketing. To that end, we carry a strict anti-spam policy for all of our clients. Listrak clients are explicitly prohibited from sending any unsolicited material to recipients who have not expressed their permission to receive communications from them. Additionally, Listrak Services may only be used for lawful purposes and may not violate any local, state, federal or international laws.

These policies are part of our broader reaching Acceptable Use Policy that each of our clients are contractually bound to. Violation of this policy will lead to a speedy termination of all access to the Listrak application, servers, and network.

Changes to this Privacy Policy

We may update this privacy policy to reflect changes to our information practices. We will notify clients and subscribers via email if we make any material changes to our privacy policy, and we will post the changes on our site at least fifteen (15) days prior to its taking effect. If at any point we decide to use your information in a manner different from that stated at the time it was collected, we will notify subscribers and ask them for permission before using their personal data. We encourage you to periodically review this page for the latest information on our privacy practices.

Questions and Suggestions / Contact Us

If users have any questions or suggestions regarding our privacy policy, please contact us at:

Phone: 877.362.4556
Fax: 717.627.6087
Email: privacy@listrak.com
Postal Address:
Listrak, 529 East Main Street, Lititz, PA 17543
URL: www.listrak.com