Listrak's Privacy Policy

Effective Date: August 2, 2023

This Privacy Policy (the “Privacy Policy” or “Policy”) describes how Listrak Inc. (“Listrak”, “we”, “our”, or “us”) collects and uses personal information of users of this website, www.listrak.com (the “Site”), and users of Listrak’s Services Platform (the “Platform” and the services provided on the Platform, collectively, the “Services”); your choices regarding use, access and correction of your personal information; and how we collect, use, or share personal information on behalf of clients that utilize our Platform and Services. The use of information collected through our Platform shall be limited to the purpose of providing the Services for which our clients have engaged Listrak.

This Privacy Policy applies to information we collect:

  • On this site.
  • In email, text, and other electronic messages between you and this Site.
  • When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this Privacy Policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Listrak or any third party; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, your choice is to not use our Site.  We periodically update this Privacy Policy and reserve the right to change the provisions of this Policy or our privacy practices at any time. If you are a user of Listrak’s Platform, then you will receive notice when this Privacy Policy is modified. If not, then we encourage you to review this Site periodically and we will alert you that changes have been made by updating the Effective Date of this Policy. Your use of the Site or the Platform constitutes consent to any changes in this Policy as in effect on the date of such use.

What is personal information?

Personal information means information that specifically identifies an individual person, such as name, mailing address, email address, phone number, or account number. It may also include other information about you, such as gender, date of birth, or other demographic information, or about your use of the Site, such as IP address or cookies, if that other information is linked to your personal information.

How your information is collected

Listrak collects personal information that you provide to us. For example:

  • If you sign up for Listrak’s Services or request a demo, Listrak may require you to register by providing your name, email address, phone number, and other information. You may be asked to create a username and password to login to our Platform.
  • If you apply for a job with Listrak, we may ask you to provide more detailed and sensitive personal information required for compliance with our hiring and equal opportunity policies and practices.
  • Our Site includes social media features, such as links to our Facebook, YouTube, LinkedIn, and Twitter pages. Your interactions with these features are governed by the privacy policy of the company providing it.
  • Our Site also includes client testimonials and publicly accessible blogs or community forums where you may post information, or we may post information with your consent.

We also collect some of your information automatically when you visit this Site or log on to the Platform. For example, this Site collects your Internet Protocol (IP) address, browser type, Internet Service Provider (ISP), referring/exit pages, the files viewed on our Site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data and records the pages that you visit and other information about your activity on the Site.  The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties.  It helps us to improve our Site and to deliver a better and more personalized Service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Site according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Site.

Like many other websites, we ask you to allow us to use “cookies” and other technologies to remember information about you and improve your browsing experience on our Site. 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.  The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
  • Web Beacons. Pages of our Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Listrak, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We may also work with third-party providers who may use cookies on our Site. For more information about cookies, including how to set your internet browser to reject cookies, please go to https://www.allaboutcookies.org or https://www.networkadvertising.org. If you are located in the European Union, please go to https://www.youronlinechoices.eu. Please note that you will continue to receive generic ads.

We also may receive your information from another party that has collected it from you, such as our clients or your employer, so that we can contact you or so that you can access our Services in furtherance of their business. Their collection of your information is governed by their own privacy policies. If you believe that we received your personal information and you would like to request that it be removed from our database, please contact us at privacy@listrak.com.

What we do with your information

Listrak may use your personal information to:

  • Provide Services.
  • Send requested information on Services or otherwise respond to questions, concerns, and client support inquiries.
  • Send marketing communications.
  • Notify you about changes to our Site or any Services we offer or provide through it.
  • Allow you to participate in interactive features on our Site.
  • Create demographic profiles of our clients and visitors to target our email alerts and website marketing.
  • Improve the Services we offer you or the functionality of our Site.
  • Identify and evaluate applicants for potential employment.
  • Fulfill any other purpose for which you provided it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Comply with applicable employment laws and provide employee benefits and services.
  • For any other purpose with your consent.

Disclosure of your information 

Listrak may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or that you provide as described in this Privacy Policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Listrak's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Listrak about our Site users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Listrak, our customers, or others.

Listrak may also use personal information for internal purposes, such as to monitor the performance of its Platform, or to track the effectiveness of and improve its Services. Listrak may also share aggregate, deidentified, or pseudonymous data with third parties.

How Listrak Protects Personal Information

Listrak follows generally accepted standards to protect personal information and information submitted by our clients, both during transmission and once we receive it. Listrak maintains all information in systems protected by firewalls and other security technologies. These measures are designed to protect information from loss, misuse, or unauthorized alteration. Listrak employs various information security mechanisms and internal policies and procedures to protect information from disclosure to unauthorized third parties. Listrak routinely audits its practices and policies to meet industry standards for data protection. Listrak provides an encrypted, password-protected mechanism for logging in, viewing, uploading, and extracting client data on our Platform.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site. The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the site.

Personal information provided to Listrak by its clients remains the property of its clients. If you have any questions about the security of your personal information, you can contact us at privacy@listrak.com.

Children Under the Age of 16

Our Site is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Site or through any of its features, register on the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@listrak.com or 877-362-4556.

EU-U.S., the UK Extension, and Swiss-U.S. Data Privacy Framework Requirements

As part of our commitment to maintaining the privacy of your personal information, Listrak complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. Data Privacy Framework (UK Extension) and Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce.

Listrak has certified to the U.S. Department of Commerce that it adheres to the Data Privacy Framework Principles. Listrak is committed to applying the EU-U.S. DPF, UK Extension and Swiss-U.S. DPF Principles to all personal information received from countries within the European Economic Area, the United Kingdom (and Gibraltar) and Switzerland.

Listrak is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

If there is any conflict between the terms in this privacy Policy and the EU-U.S. DPF, UK Extension or Swiss-U.S. DPF, the Principles shall govern. 

To learn more about the DPF program and view our certification, please visit   https://www.dataprivacyframework.gov/.

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 EU-U.S. DPF, UK Extension and Swiss-U.S. DPF Principles for all onward transfers of personal data from the EU, UK (and Gibraltar) or Switzerland, including the onward transfer liability provisions.

In compliance with the EU-U.S. DPF, UK Extension and Swiss-U.S. DPF Principles, Listrak commits to resolve complaints about our collection or use of your personal information. EU, UK (and Gibraltar) and Swiss individuals with inquiries or complaints regarding our Privacy Policy should first contact Listrak at privacy@listrak.com.

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. This third-party dispute resolution program is specifically designed to resolve EU-U.S. DPF, UK Extension and Swiss-U.S. DPF-related complaints with no cost to you. If neither Listrak nor our third-party dispute resolution provider resolves your complaint, under certain conditions, you may invoke binding arbitration through the methods provided by the DPF Principles annexes thereto.

Your Rights to Access Your Personal Information

You have the right to access personal information about you that Listrak has collected through this Site by sending a request for access to privacy@listrak.com or calling our toll-free number 877-362-4556. You can also request that we correct or delete any such information by using the same methods. To verify that the request is authentic, we will match the identifying information provided by the requestor to the personal information of the requester already maintained. For example, we may require that the requester send such request from the email address associated with the personal information. While we will comply reasonably and respond to your request within the timeframe required by applicable law, we may need to retain some of your information for our own record keeping or to fulfill a legal obligation. You will not receive discriminatory treatment should you decide to exercise any rights set forth in this Policy.

Your Rights to Restrict the Use and Disclosure of Your Personal Information

You have the rights (i) to restrict the processing of your sensitive personal information; (ii) to opt out of the sale of your personal information; (iii) to opt out of the sharing of your personal information for cross-contextual behavioral advertising, targeted advertising, and sales; and (iv) to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects to you.

You have the opportunity to choose (i.e., opt out) whether your sensitive personal information is (i) to be disclosed to a third party, or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you.

You may exercise any of these rights by sending a request to privacy@listrak.com or calling our toll-free number 877-362-4556.

Listrak as a Service Provider

Listrak’s clients use our Platform to contact consumers. If your information was collected by one of Listrak’s clients or some other third party, you must contact that party with any questions or concerns about its use of your personal information. That party’s privacy practices may differ from those of Listrak. This Policy is not intended to supersede or govern the privacy policies and practices of Listrak’s clients or any other third party.

Listrak, as a Service Provider, collects information under the direction of our clients and has no direct relationship with the individuals whose personal information may be processed as part of providing our Services. Any requests that Listrak receives while acting as a Service Provider will be denied and the consumer will be directed to submit the request directly to the Listrak client. Listrak may transfer personal information to vendors that help us provide Services. Access to your personal information by these vendors is limited to the information reasonably necessary for the vendor to perform its limited function for us. These vendors must abide by our data privacy and security requirements and are not permitted to use your personal information for any other purpose. Representative business processes that our vendors assist us with include:

  • Cybersecurity monitoring and intrusion detection
  • Payment processing
  • Website analytics
  • Cloud infrastructure
  • Content delivery

For California Residents

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.”

For more details about the personal information that we have collected, including the categories of sources, please see below.

Category
Examples
Collected
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name,
YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, physical characteristics or description, address, telephone number.Some personal information included in this category may overlap with other categories.
YES
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
NO
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
YES
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
NO
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
YES
G. Geolocation data.
Physical location or movements.
YES
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
NO
I. Professional or employment-related information.
Current or past job history or performance evaluations.
YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
NO
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
YES

We obtain the categories of personal information listed above from the multiple categories of sources, including you directly, internet service providers, data analytic providers, and operating systems and platforms.  For additional details about the methods and manner of collection, see the “How your information is collected” section, above.

We collect this information for the business and commercial purposes described in the “What we do with your information” section above.  

We share this information with the categories of third parties described in the “Disclosure of your information” section, above.  Within the preceding twelve (12) months we have shared or disclosed the following categories of personal information with our trusted service providers or third parties:

Personal Information Category
Category of Third-Party Recipients
Business Purpose Disclosures
Sales
A. Identifiers.
Service providers and/or trusted third parties
None
B: California Customer Records personal information categories.
Service providers and/or trusted third parties
None
C: Protected classification characteristics under California or federal law.
None
None
D: Commercial information.
Service providers and/or trusted third parties
None
E. Biometric information.
None
None
F: Internet or other similar network activity.
Service providers and/or trusted third parties
None
G. Geolocation data.
Physical location or movements.
None
H. Sensory data.
None
None
I: Professional or employment-related information.
None
None
J: Non-public education information.
None
None
K: Inferences drawn from other personal information.
None
None

Listrak does not sell (as that term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). Please note that we do use third-party cookies for our advertising purposes as further described in our “How your information is collected” section, above.

Subject to certain limitations, the CCPA provides California consumers a right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at privacy@listrak.com. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

Right to Know

You have the right to know and see what data we collected about you.  This includes:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same), subject to certain exceptions, including when such information is necessary to complete your transaction or to provide you the requested services.  We may deny your deletion request if we cannot verify the request or if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Non-Discrimination

You have the right not to be discriminated against for exercising any of the rights listed above.  Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels.  Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Exercising Your California Privacy Rights

To request access to or deletion of your personal information, or to exercise any other data rights under California law, please contact us at privacy@listrak.com.  You may also utilize the link on our website, www.listrak.com.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.  You may also make a request to know or delete on behalf of your child.  You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  You do not need to create an account with us to submit a request to know or delete.  We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

Response Timing and Format

We aim to respond to a consumer request for access or deletion within ten (10) days of receiving requests for disclosure or deletion with information on how the request will be processed.  If we need additional time the reasons for that will be stated to you within the ten days.  Any substantive response to the request will be given within 45 days of receiving a verified request.

We will deliver our written response by mail or electronically, matching how we received the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Opting Out

If you subscribe to our email newsletter(s), we will use your name and email address to send our marketing/update emails to you. You may choose to stop receiving our marketing/update emails by following the unsubscribe instructions in those emails, or you can contact us at privacy@listrak.com.

Who to Contact

To report any issues or concerns, or to contact Listrak with any questions regarding this Privacy Policy, email us at privacy@listrak.com, or call 877-362-4556.

You may also contact us as follows:

Fax: 717-627-8001

Postal Address: Listrak, 100 West Millport Road, Lititz, PA 17543