Description of Services
Our Services allow Clients to create filters and use other analytics to control how the data they collect is distributed. The Services use this pre-determined criteria to target potential service providers and buyers and to send the data out to only those leads. Intelligence is built into the Services to determine whether or not the transmitted data actually fits the criteria and is applicable to the targets. This determination is made almost immediately.
Once this data validation is complete and successful, the Services send this validated data out to the service provider or buyer and the transaction can be completed.
Client Requirements and Restrictions
All new clients must agree to comply with the Company’s Terms and Conditions. In accordance with the Terms and Conditions, Clients are bound by the following requirements and restrictions:
- Clients shall adhere to the CAN-SPAM Act of 2003.
- If the Client’s domain is listed on Spamhaus’ Blocklist, the Client must take reasonable efforts to work with Spamhaus to have the domain removed. If the Client is unsuccessful in its efforts to have the domain removed from the Blocklist, the Company will work with the Client and Spamhaus to try to resolve the issue. If this effort to remove the Client’s domain from the Blocklist is also unsuccessful, the Client must remove itself from the Services within fourteen (14) business days after written notice from the Company. If the Client does not remove itself as required, the Company, in its sole discretion, may terminate its agreement with the Client immediately. Client acknowledges that if Company terminates the Client agreement under these circumstances, Company has no liability to Client and Company shall transfer all of Client’s data to Client within thirty (30) business days of termination.
- Clients and their affiliates shall comply with CAN-SPAM when sending newsletters or e-mails with Company code in the e-mails.
- Clients shall adhere to a suppression list and opt-out notification on all unsolicited e-mails.
- Clients shall not include the Company’s URLs in e-mails.
- Client content shall not contain any racially, ethnically, sexually, or otherwise offensive language as determined solely by the Company
- Client shall not attempt to exploit any possible vulnerability in the Services nor shall the Client attempt to inject a virus, worm, or other malware into the Services.
- Client shall not attempt to pirate the Services.
- Client shall not do anything in violation of applicable Federal law.
- If Client is unsure as to whether its campaign is in compliance, Client may contact the Company for a review prior to launch. The Company will approve/disapprove Client campaigns on a case-by-case basis.
This list of requirements and restrictions is not an exhaustive list. Furthermore, the Company reserves the right to investigate actions which may involve violations of system or network security and may involve and cooperate with law enforcement agencies in the prosecution of Clients who are involved in such violations. These violations may result in civil and/or criminal liability.
Information Collected and Methods of Collection
There are two categories of information that may be collected by the Services:
- “Personally Identifiable Information” (“PII”) is information that identifies an individual or that could be used to contact or locate him or her.
- “Non-PII” is any collected data that is not PII. Non-PII is typically used for statistics and reporting.
The following types of PII may be collected:
- Your logon ID and password for our Services;
- Your full name;
- Your location and contact information, such as mailing address, phone number, and e-mail address;
- Your credit card or other financial information such as bank account numbers; and
- Any other information you submit to the Company through our Services, e-mail, or telephone or when you submit it to Client websites.
This PII may be used to contact you about our products and services, forwarded to your credit card provider, or used for technical support and other such customer support. In addition, Clients may contact you directly to confirm information or purchases successfully received from you. Clients may also contact you to provide services you request, to manage your account, and/or to inform you of any service announcements.
The Company may use analytic and reporting technologies to collect anonymous information from you. This collection of non-PII may be done passively (i.e., without your affirmative consent) while you are using our Services. Examples of this anonymous information are: your browser type, your device’s operating system, date/time of access to our Services, and geographic information. Your non-PII may be used for security purposes and to monitor network and Service activities.
Storage and Ownership of Your Information
The Company stores the information we collect in servers located in the United States. Your use of our Services acts as your consent to transfer your PII outside of your country of residence if such servers reside outside of your country of residence. We do not own your data nor are we “controllers” of your data as described in the EU Directive. We adhere to the Principles with regard to the exposure of your information to our customers or our clients’ customers.
Protection of PII
The Company uses reasonable practices and technologies to safeguard your information against illegal intrusion and unauthorized access. These measures include firewalls, use of passwords, anti-virus, and virus detection software. No security measures are 100% reliable, however. Therefore, the Company cannot warranty the security of your PII.
The Company does not guarantee that your PII will never be compromised because no electronic transmission is completely secure. Even though the Company will employ every reasonable security measure to protect the privacy of your PII, the Company cannot guarantee that these security measures will be sufficient or that they will never fail or be circumvented.
The Company uses the SSL (Secure Socket Layer) protocol to encrypt any financial information that you transmit to the Company. But, do not send confidential information including social security numbers, financial information, or passwords to us through unsecured electronic communication such as e-mail, online chat, or instant messaging unless we advise you in advance that security measures are in place because such communication may not be secure.
You understand and agree that you are using our Services at your own risk. You assume all responsibility and risk for your use of our Services and understand that information you share through our Services is shared at your own risk.
Access to PII
The Company may disclose your PII to service providers including, but not limited to, our credit card processing vendor and IT personnel who maintain our Services. These trusted service providers will have access to your PII but may not use your PII for any purposes other than those to which they have been entrusted. The Company shall use reasonable efforts to ensure that these service providers hold your PII in confidence. In addition, the Company shall only disclose your PII to third parties that the Company believes in good faith follow acceptable privacy and security policies.
The Company may disclose your PII to investigate or enforce violations of our rights. The Company may also disclose your PII to protect the security of our Services. In addition, the Company reserves the right to disclose your PII if the Company has a good faith belief that this disclosure is necessary to satisfy a legal process or enforceable government request (such as a subpoena) or to be in compliance with any law or regulation.
The Company may transfer your PII as part of a sale, merger, acquisition, or any other change of control. In addition, the Company reserves the right to transfer your PII to protect the Company’s legal rights in the unlikely of a bankruptcy, reorganization, receivership, assignment, or any application of creditors’ rights.
Access and Correction of Information
You may update and/or correct your information, including your PII, by logging into the Client website and making the desired changes, contacting the Client directly, or contacting us using the information in the Contact Information section below.
Policy with Regard to Children
Some of our Clients may provide public forums such as new groups, instant messaging, forums, etc. in which you may disclose data. Remember that any that you should not disclose any personal, confidential, or financial data on these public forums because, as the name implies, this information becomes public. Any information you share on these public forums is out of the Company’s control and, therefore, you may receive unwanted communications from third parties.
You also represent and warrant that anything you post on these public forums does not infringe or violate the rights of any third party, including but not limited to the intellectual property rights of any third party.
The Services are an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, these Services maintain specific contact information provided below, including an e-mail address, for notification of claimed infringement regarding materials posted to the Services. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notice of Claimed Infringement
Waypoint Software, LLC
245 N. Ocean Blvd., Suite 304
Deerfield Beach, FL 33441
Agent’s Name/E-mail Address: firstname.lastname@example.org
Telephone: 888-702-8339 x100
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted materials is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of the claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number, and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
We reserve the right to disclose your PII to our Clients. These Clients may e-mail you regarding products or services. However, if you do not wish to receive these e-mails, you may opt out of receiving them by: (i) opting out when you register with the Client, (ii) contacting the Client directly with a request to opt out, or (iii) waiting until you receive an e-mail from them and then unsubscribing.
When you have opted-out, our Clients shall make reasonable efforts to remove your PII from their database. It is not always possible, however, to completely remove your PII because some of your PII may still exist on backups or records of deletion.
Regardless, our Clients are required to offer you the opportunity to opt out any time if (i) your PII is to be disclosed to a third party who is not an agent of the Company; or (ii) your PII is to be used in a manner that is inconsistent with the original purpose for which you provided the information or that you subsequently authorized. Also, if the PII to be disclosed is information of a sensitive nature (such as health data, your sexual preferences, your religious or political affiliations, etc.), Clients are required to get your express consent by requiring you to “opt in” before they disclose or use such PII.
If it becomes necessary for you to contact the Company for any reason, you may do so by using the following information:
Waypoint Software, LLC
245 N. Ocean Blvd., Suite 304
Deerfield Beach, FL 33441