Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Company (referred to as either “The Company”, “We”, “Us”, or “Our” in this Agreement) refers to DataCaptive, Santa Clara, United States.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: California, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to DataCaptive, accessible from www.datacaptive.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
DataCaptive complies with all federal and state laws concerning an individual’s data privacy and usage by adopting to subsequent guidelines, procedures, and best practices established by industry groups which are a contributing member, including the Direct Marketing Association (DMA).
We maintain strict data privacy throughout the agreements and contracts we make with our customers.
Our database incorporates various data elements for businesses and customers. We source our information from legal and reliable sources and take utmost care and to maintain the accuracy of the information by controlling the procedures to verify the data with specific quality control measures.
We source our B2B marketing information from the following credible sources:
- Annual Reports
- B2B Directories
- Business tradeshow attendee lists
- Business trade magazine subscription offers
- Community postings
- Government records
- Nationwide utility transaction reports
- Newspaper Subscription Offers
- Phone surveys with every business
- Public Record Information
- Registration process for subscription sites
- SEC Filings
- Sign-up data from email Campaigns
- Transactional data
- Web-based Registrations and/or offers
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data – Need to update email campaign policy
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Information Collected while using our website
While using Our website, in order to provide features of Our website, We may collect, with Your prior permission:
Information regarding your location
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it may be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
Tracking Technologies and Cookies
Flash Cookies – Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies.
Web Beacons – Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account, Your registration as a user of the Service is mandatory. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract, the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage the requests you have raised.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
Usage, Performance and Miscellaneous
We may use third-party Service Providers to provide better improvement of our Service.
Google Places is a service that returns information about places using HTTP requests. It is operated by Google. Google Places service may collect information from You and from Your Device for security purposes.
Data Security and Confidentiality
At DataCaptive, we have prioritized safeguarding every individuals personal information we have stored. We take all possible steps to protect the confidentiality and security of the said information. With our state-of-the art and advanced servers having the latest encryption features, we ensure your data is secure with us even while sharing your information to partners whose products/services are relevant to you.
We do not rent, use, sell, transfer, or otherwise expose the contents of the tracking information resulting from click-through, messages opened, messages read, or eCommerce conversations. Our services provide an SSL encrypted, password-protected mechanism to view and extract customer data.
Data security: Our data is maintained in a carrier-class secure facility protected by firewalls and other security devices. We seriously implement these measures to protect visitor and client information from being lost, misused, and undergoing unauthorized alteration.
Credit card information: DataCaptive uses a third-party to process the credit card. This intermediary is solely a link in the distribution chain and is not permitted to store, retain, or use the information provided expect for the sole purpose of credit card processing. This access is restricted unless it is requested by employees for business purposes only.
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Subject rights for data security, accuracy, and retention
Under applicable data privacy regulations, subjects may:
- Request to abstain from using the said data
- Request for access to the data we have about them
- Revoke their consent on processing their data for consent-based processing
- Request for a machine-readable copy of the data we have
- Request for data to be updated, rectified, deleted, or blocked
Please note that we cannot delete records from our historical data due to its compliance with legal audits and financial reporting purposes.
To exercise any of the rights listed above, feel free to contact us.
Upon your request, we will allow any subscriber to “opt-out” at any point of time from receiving further promotional messages. However, requesting to delete the subscriber’s personal information from our database might not completely erase the records. Some residual information will still be available due to backups.
In case of data breaches or other data-related concerns (subject to this privacy statement) subjects may lodge complaints with their regional data privacy regulator.
We retain the data as long as its necessary, for providing our services. This data is anonymized in a reasonably practical time-frame after the subject stops using our Services.
We take sufficient safety measures while transferring Your data to other countries. We are obliged to provide a copy of said safeguards and related privacy rights on request by the subjects in concern.
Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require parent’s consent before We collect and use that information.
Unsolicited Commercial Emails (SPAM)
We provide a permission-based model only for email marketing and carry out a strict internationally acclaimed anti-spam policy for all clients.
Our clients are explicitly prohibited from sending any unsolicited material to recipients who haven’t given consent to receive communications from them.
Our services may only be used for the purposes of law and may not violate or intervene in 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 speedy termination of all access to DataCaptive’s servers and networks.
Campaign Content (Emails)
We review the content of the email campaigns sent through our platform to verify compliance with the state, national, or international laws. In this regard, we use software with content algorithms to track the content of said email campaigns. This filtering benefits all users who avail of our services and reduces bounce rates ensuring high deliverability.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
EU-U.S. Privacy Shield Policy and Swiss-U.S. Privacy Shield Frameworks
The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks were designed by the U.S. Department of Commerce and the European Commission and Swiss Administration to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States in support of transatlantic commerce.
Our compliance with all countries data protection laws
We strictly adhere to all the rules and laws implemented by the respective countries to protect their citizens and businesses.
Country-wise references to Privacy Laws
Canada anti-spam legislation (CASL) aims to protect their consumers, business from spam and help businesses stay competitive in a digital market place.
If your target location is Canada then you can follow the guideline given below:
CASL advises the businesses to be more disciplined in managing their electronic marketing programs
Oral consent will not be considered as permission to receive messages as written consent is necessary
It requires all businesses to maintain a record of all consents (date, time, source, manner of consent and etc.)
All messages must include name, the person on behalf you are sending and your mailing address, website URL and phone number.
Emails sent must include unsubscribed mechanisms and the unsubscribed must be processed without delay.
The Directive is implemented by each member state independently so you will want to check with your particular country law for more details.
Art. 202a, 263, 303a, 303b of the German Criminal Code Art. 6 of the German Law regarding Information Society Services Art. 28 Par. 4 of the German Data Protection Act.
Italy’s anti-spam laws are very strict. You can even be imprisoned for sending spam. If you’re sending to Italian recipients, follow these guidelines as well.
The Code transposed EC Directive 95/46 on the protection of personal data and EC Directive 2002/58 on privacy in electronic communications; it consolidated all Italian pre-existing laws and regulations in this sector.
DL 675/1996 on privacy protection states, inter alia, that a company must have authorization from each user whose personal data (such as e-mail) they want to use.
DL 171/1998 (deriving from the European Community directive 97/66/CE) on telecommunications privacy protection: this put outlaws all automatic systems to call a user and says that all the expenses of an advertising must be paid by the company and not the user (faxes and e-mails are instead paid also by the user).
DL 185/1999 (deriving from the European Community directive 97/7/CE) on customer protection with respect to long-distance contracts: this obliges companies to seek the permission of the user for virtual or telephone sales.
The Department of Internal Affairs provides detailed guidelines on the anti-spam laws.
Personal data in Singapore is protected under the Personal Data Protection Act 2012 (PDPA).
Swedish Marketing Act (Swedish Code of Statutes, SFS 1995:450).
Personal Data Act (Swedish Code of Statutes, SFS 1998:204), in so far as spam activities involve processing of personal data.
By email: [email protected]
By visiting this page on our website: Contact Us
By phone number: +1(800) – 523 – 1387