Last Updated December 2nd, 2020

Introduction

Protecting your privacy is very important to us at ListTrac, Inc. (“LISTTRAC”, “we” and “us”) and a key part of protecting your privacy is keeping you informed about our business and how we handle the information we receive. So, we are providing this Privacy Policy to explain how we collect, use, and share the information that we receive about consumers, as well as to explain the options that are available to you regarding use, access and correction of your personal information. We’ll try to make this all as clear and as simple as possible, but if you have questions, you can contact us at privacy@listtrac.com, and we’ll be happy to help.

This Privacy Policy covers all the information that we collect or receive from visitors on both our marketing and analytics website listtrac.com (the “LISTTRAC Sites”).

What We Do

LISTTRAC provides analytics services for the benefit of our business customers, giving them the ability to understand Internet users and consumers who are interested in their real estate listings. LISTTRAC provides these services to customers such as real estate brokers and multiple listing organizations (“Partners”).

Information We Collect Through Partners Websites and Apps

We collect and analyze information about individual consumer interests. Our main sources of such information are our Partners’ websites and mobile applications. For information about the practices of our Partners, please review the privacy policy of the Partner’s website or mobile application – this Privacy Policy only describes the information collection and usage practices of LISTTRAC and not those of our Partners.

When a user visits one of our Partner’s websites (“Partner Sites”), views an email from a Partner with a LISTTRAC tag, or uses an app with the LISTTRAC SDK installed, we associate a pseudonymous identifier (a random, unique string of characters) with the user, such as through cookies, tags and resettable mobile advertising identifiers or mobile device IDs. A cookie is a small data file that is sent to your computer when you visit a website as an example. Tags (also known as pixel tags or web beacons) are tiny graphics that are embedded invisibly on web pages and emails. Tags are typically used in conjunction with cookies to collect information about user activity. Mobile device IDs are user-resettable advertising identifiers such as Apple’s IDFA and Google’s Android Advertising ID. When a cookie expires, we no longer use that cookie to collect new information, but we may keep and continue to use the information previously collected. Our tags do not collect your name, user name, email address or physical address, but we may store and associate a hashed email address or a mobile device ID with the tag data we collect. Through these identifiers, we can collect information about what the user does on the Partner website or application, and which Partner sites or apps the user visits. LISTTRAC may engage in cross-device data collection and targeting, when the relevant data is collected.

The information we collect may serve to identify a user’s computer or device or browser, and we may associate that information with other data we receive from our Partners and our Partner websites and apps about the user, including the following:

• General data: Partner ID, page type, website name, website language
• Search and real estate listing data: listing identifier, zip code, and activity performed
• Other data: Hashed email address, mobile device ID, which we may use to collect and consolidate information collected about you across different platforms and websites.

LISTTRAC does not use this information to identify you directly. We may also aggregate and anonymize information.

We do not knowingly collect or categorize consumers based upon sensitive information, such as racial or ethnic origins, political or religious beliefs, financial information, precise information about health conditions or treatments or other similar or related information.

We neither intentionally collect information from, nor target any services to, children under 13 years of age. If we learn that we have collected information of a child under 13, we delete that information as soon as possible.

How Collected Information Is Used

We use the information to create analytics around real estate listing trends or the effectiveness of media and content marketing. For example, we may provide analytics on home buyer interest in different regions of the country. We also use the information we receive from our Partners to allow advertisers to present advertisements or other personalized content that might be interesting to a consumer. For example, if any pseudonymous identifier is associated to viewing homes on a golf course on a website run by one of our Partners, we may predict that the identifier might belong to a person interested in golfing equipment.

How Information Is Shared

LISTTRAC will only share information with third parties in ways that are described in this Privacy Policy. We may share collected information with certain third parties selected by us to help support our operations, including improving our website, software or the services we provide our customers. These third parties may have access to your information only for purposes of performing tasks on our behalf, and we contractually require them to protect your information consistent with this Privacy Policy.

We may share collected information that we receive from our Partners’ websites with the Partner that permitted us to collect the information.

We sometimes make our collected data available, in aggregated or anonymized format, to our advertising clients, business customers and business partners, and other third parties, for data analysis purposes.

We may transfer all or some of the collected information discussed in this privacy policy relating to a corporate merger, acquisition, sale of assets, bankruptcy or other change in corporate status.

We reserve the right to disclose information we receive to government or law enforcement officials or to private parties as we, in our sole discretion, believe necessary to (i) to satisfy or comply with any applicable law, regulation or legal process; (ii) to respond to lawful requests, including subpoenas, warrants or court orders; (iii) to protect our property, rights, and safety and the rights, property and safety of third parties or of the public in general; and (iv) to prevent or stop activity we consider to be illegal or unethical.

Information Collected From LISTTRAC Sites

When you visit our website, we and our third party service providers may use cookies and other technologies to understand the usage of our website, perform analytics, provide functionality, track user movement across our websites and gather demographic information about our user base; we may use this information or provide it to a third-party partner to provide you with relevant display advertising on our website or other websites. Users can control the use of cookies at the individual browser level. If you change your setting or reject cookies, the use of some features or areas of our website may become limited.

If you provide information such as your name, address, and email address to us, whether by contacting us through one of the LISTTRAC Sites, or by sending it to one of our contact email addresses, we will store that information in our database and will use that information only for replying to you. We will not use your information for marketing purposes, unless you specifically authorize it. You may opt out of receiving such emails by clicking on the “unsubscribe” link contained in our marketing emails.

We may also keep track of basic log data for visitors to our sites, like the IP address, operating system, browser type, website visited prior and other collected information. We do not permit third parties to collect any information from you through our site. If you would like more information about this practice and how to control how this information could be used by third parties, please follow one or both of these links: NAI opt out; and DAA opt out.

The Security of Your Information

LISTTRAC cares about your privacy and employs administrative, physical and electronic measures designed to protect your information from unauthorized access. These measures may include encryption of information you provide and employment of information storage security technologies to block access from outside our network. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. Please also be mindful that we are not responsible for the security measures of third parties, e.g. our Partners. As noted above, for more information about their information collection and usage practices, please see their respective privacy policies.

Data Retention

We use cookies to target and track advertisements, create industry analytics and personalize your experience on LISTTRAC Partner sites. We set our cookies to expire after two years; however, as is the normal practice in our industry, the two-year expiration date is extended each time the cookie we gave you encounters our server or to the extent that we continue to provide our services. Furthermore, regarding mobile users providing mobile IDs that remain active indefinitely, LISTTRAC will disassociate the data after the period of two years from last encounter.

We do not use any collected information we obtain through cookies to identify you. We do not link the information we store in cookies on LISTTRAC Partner sites to any collected information you submit while on one of the LISTTRAC Sites. LISTTRAC may obtain data from third-parties and combine it with data collected from LISTTRAC Partner sites.

In addition, to the extent permitted by applicable law, we retain the respective sets of information received through the LISTTRAC Partner Sites and through the LISTTRAC Sites for as long as needed to fulfill a legitimate business need. We retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Anyone who has provided information to us through the LISTTRAC websites may email us at info@listtrac.com to request that we update, delete, and/or correct his or her information. We will respond to each such request within a reasonable time. Even after a deletion, some information may remain temporarily in back-up copies until the next back-up rotation or overwriting cycle.

How to Opt Out

Browser-based opt-out

We participate in the Network Advertising Initiative (NAI) and the Digital Advertising Alliance’s (DAA) Self-Regulatory Program. Each of these programs provides an opt-out feature where consumers can choose not to receive targeted advertising from NAI or DAA affiliates. These links will take you to the NAI opt out and the DAA opt out.

We also participate in the DAA’s Ad Choices program, which enables you to control whether, and if so, to what extent, you receive interest-based advertising. You can exert such control by clicking on the AdChoices Icon on a Web page or near a Web banner ad. To learn more, visit the AdChoices FAQ page.

Remember that opting out is browser-specific. So, if you have multiple browsers or multiple devices you use to access the internet, you’ll need to opt out from each device or browser.

Mobile opt-out

To opt-out of the collection and use of data for interest-based advertising on your mobile device, you can modify the settings on your mobile device. To reset your mobile advertising ID or to opt out of interest-based ads in mobile apps, please follow your mobile device maker’s most current published instructions, such as the examples linked and pasted in below (current as of the date of this version of our Privacy Policy):

For Android Devices (version 8.0 and higher): Open the Settings app, Select Google, Select Ads, and enable the “Opt Out of Ads Personalization” setting.

For Apple Devices: Devices with iOS 6 and above use Apple’s Advertising Identifier. To learn more about limiting ad tracking using this identifier, visit the Settings menu on your device as follows: Go to Settings, Select Privacy, Select Advertising, and enable the “Limit Ad Tracking” setting. For more information about different iOS versions, please see: https://support.apple.com/en-ie/HT202074.

When you have opted out using this setting on a device, and when ListTrac receives this signal, ListTrac will not use in-app information collected from that device to infer your interests or serve ads to that device that are targeted based on your inferred interests.

Note: The specific opt-out instructions for each device may differ slightly depending on which version of the operating software you are running.

Access and Choice

As required by applicable law, including the U.S.-E.U. Privacy Shield Framework, upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. You may request this information by emailing us at privacy@listtrac.com. If you are our partner or customer and your information changes, or if you no longer desire our service, you may correct, update, amend or remove information by contacting us at privacy@listtrac.com. We will respond to these requests within a reasonable timeframe.

Our use of information collected through our service shall be limited to the purpose of providing the marketing or analytics services for which our Partner has engaged LISTTRAC. LISTTRAC collects and processes information under the direction of its Partners, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Partners and would no longer like to be contacted by one of our Partners that use our service, please contact the Partner that you interact with directly.

Changes to this Privacy Policy

Any information that we collect is subject to the version of this Privacy Policy in effect at the time that information is collected. However, we may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them clearly on our website or by sending you an email or other notification if we have your contact information, and we’ll indicate when such changes will become effective.

Other Websites

Our websites contain links to other websites for your convenience. The fact that we link to a site does not mean that we endorse that website or its privacy practices. These other websites have their own terms of use and privacy policies, and we would encourage you to read those terms and policies when you visit those websites.

Social Media Widgets

​Our websites may include Social Media Features. These button(s) or interactive mini-programs run on our websites. These Features may collect your Internet protocol address, which page you are visiting on our website, 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 website. Your interactions with these features are governed by the privacy policy of the company providing the service.

Where We Keep Your Information

Your information may be kept on computers located outside of your state or country, where the privacy laws may not be as protective as those where you live. If you’re located outside the United States and choose to provide your data to us, we may transfer your data to the United States and process it there. If you reside in the EU, please review EU-U.S. Privacy Shield sections below.

Our Memberships and Affiliations

NAI Membership

LISTTRAC participates in the Network Advertising Initiative (NAI), a cooperative of companies committed to building responsible advertising policies across the Internet, and adheres to the Network Advertising Initiative Standards ( NAI Code of Conduct and Mobile Application Code ). Using a tool created by the NAI, you can learn more about other ad-serving companies and opt out from their use of cookies . LISTTRAC adheres to the Internet Advertising Bureau (“IAB”) Europe’s Good Practise Principals for Online Behavioural Advertising as well as the European Interactive Digital Advertising Alliance’s (“EDAA”) principles.

EDAA AND DAA Membership

LISTTRAC is also a participant in the Digital Advertising Alliance’s (DAA) Self-Regulatory Program for Online Behavioral Advertising and follows the DAA’s Self-Regulatory Principles for Online Behavioral Advertising. The DAA also provides a global opt-out feature that lets users choose not to receive cookies from companies that are DAA members.

LISTTRAC adheres to the Internet Advertising Bureau (“IAB”) Europe’s Good Practise Principals for Online Behavioural Advertising as well as the European Interactive Digital Advertising Alliance’s (“EDAA”) principles.

EU-U.S. Privacy Shield

LISTTRAC (which shall include entities and subsidiaries covered by LISTTRAC’s privacy shield certification) complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. LISTTRAC has certified 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. To learn more about the Privacy Shield Framework or view LISTTRAC’s certification, visit the U.S. Department of Commerce’s Privacy Shield website at [https://www.privacyshield.gov/list].

LISTTRAC is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. LISTTRAC complies with the Privacy Shield Principles for all onward transfers of personal data from the EU. LISTTRAC remains liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such personal data on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, LISTTRAC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, LISTTRAC may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-US Privacy Shield Principles, LISTTRAC commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact us at privacy@listtrac.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. Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

If there is any conflict between the terms in this privacy policy and the Privacy Shield Framework, the Privacy Shield Framework shall govern.

FOR CALIFORNIA RESIDENTS:

CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to residents of California. This section of the Privacy Notice applies if you are a natural person who is a resident of California (“California Consumer”) and use our Services. This notice supplements the information in the above Privacy Notice. Certain terms used below have the meanings given to them in the CCPA.

The following sets forth the categories of information we collect and purposes for which we may use California Consumers’ personal information collected by LISTTRAC:

Categories of Personal Information We Collect About You

The categories of personal information we may have collected about you or your use of our Services are:

• Identifiers (such as your contact information (name, email address), government identifiers (MLS ID# or similar professional licensing numbers) or unique personal identifiers (device ID, cookies, IP address);
• Internet or other network or device activity (such as browsing history or app usage);
• Geo-location information;
• Profile data about you and any inferences drawn from the profile data (such as characteristics, behaviors, attitudes);
• Information that identifies or can be reasonably associated with you.

More details on the personal information we may collect are set forth in Information Collected From LISTTRAC Sites

Categories of Sources from Which We Collected Personal Information

The sources from which we may have collected personal information about you or your use of the Services are:

• Directly from you;
• From other sources (such as Company affiliates and/or business partners);
• Through your use of the Services; and
• Publicly available records.

and as described in more detail in Information Collected From LISTTRAC Sites

Business or Commercial Purposes for Which We Collected or Sold the Personal Information

The business or commercial purposes, as defined under the CCPA, for which we collected or sold the personal information are:

• performing services, including maintaining or servicing accounts, providing customer service, providing advertising or marketing services, providing analytics services, or providing similar services;
• detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• debugging to identify and repair errors that impair existing intended functionality;
• undertaking internal research for technological development and demonstration; and
• undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

More details concerning the business and commercial purposes are set forth in How Information Is Shared . We may disclose the categories of personal information identified in this California Privacy Notice about our California consumers for our operational purposes where the use of such personal information is reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected.

Categories of Third Parties with Whom We Shared the Personal Information

The categories of third parties, as defined by the CCPA, with whom we share personal information include our subsidiaries and affiliates; business partners, data analytics providers and third-party marketers (who may combine your personal information with their own records and records available from other sources), for their own business or direct marketing purposes, and the direct marketing purposes of other third-party marketers.

Categories of Personal Information Sold, Shared or Disclosed for a Business Purpose We may sell or disclose for a business purpose (each as defined under CCPA) any or all of the personal information collected from and about you as set forth in Information We Collect From LISTTRAC Sites .

Your California Privacy Rights

If you are a California resident, you may have certain rights. California law may permit you to request that we:

• Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.
• Provide access to and/or a copy of certain information we hold about you.
• Delete certain information we have about you.

You may have the right to receive information about the financial incentives that we offer to you (if any). You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you and for compliance with applicable law. If you ask us to delete certain information, you may no longer be able to access or use the Services.

California customers may request, once per year, that we disclose the identity of any third parties with whom we have shared personal information for the third-parties’ direct marketing purposes within the previous calendar year, along with the type of personal information disclosed.

If you would like to exercise any of these rights, please email us at privacy@listtrac.com You will be required to verify your identify before we fulfill your request. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

You also have the right to opt out of the sale of your personal information. California law broadly defines sale such that it may include allowing third parties to receive certain information, such as cookies, IP address and/or browsing behavior, to deliver targeted advertising. If you would like to opt out, you may email us at privacy@listtrac.com

Contacting Us

If you have any questions or complaints regarding our Privacy Policy or practices, please email us at privacy@listtrac.com.

Effective Date: May 1, 2018

Thanks for choosing to use ListTrac Services. ListTrac Services are provided by ListTrac, Inc. ("ListTrac") located at 11835 Carmel Mountain Rd. #1304-129, San Diego, CA 92128. By using ListTrac Services, you are agreeing to the following Terms of Service (these "Terms"). These Terms confirm and clarify respective rights and obligations between ListTrac and you in connection with your access to and use of ListTrac Services.

You and ListTrac agree as follows:

LISTTRAC IS WILLING TO AUTHORIZE YOUR ACCESS TO THE LISTTRAC SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT THAT THESE TERMS GOVERN YOUR USE OF LISTTRAC SERVICES. BY INSTALLING OR USING LISTTRAC SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AS AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY OR ORGANIZATION (IF BEING ACQUIRED FOR USE BY AN ENTITY) OR AS AN INDIVIDUAL, AND AGREE TO COMPLY WITH THE TERMS THAT APPLY TO YOUR ACCESS AND USE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, DO NOT DOWNLOAD, ACCESS, OR USE LISTTRAC SERVICES.

These Terms apply to you if you are: (i) a "Publisher" (the owner or operator of a Publisher Site that uses ListTrac Services); or (ii) an "End User" accessing and using ListTrac Services. References to "you" and "your" refer to any Publisher or End User as applicable.

If you are a Publisher, all the Terms apply to you while using ListTrac Services except Section 1.2, which only applies to End Users.

If you are an End User, the preamble, Sections 1.1.5(h), 1.2, 1.3, 2.1.2, 2.2, 2.4, 2.5, 2.6, and 2.7, and Article III apply to you while using ListTrac Services. Please read these sections carefully as they explain the rules, rights, and obligations for your use of ListTrac Services.

If you are an End User or a Publisher accessing ListTrac.com, then both the ListTrac Websites Terms of Use and these Terms apply to you.

I. USE OF LISTTRAC SERVICES

1.1 Terms Applicable to Publishers. If you are a Publisher using ListTrac Services, the following terms apply to you:

1.1.1 Licenses granted to Publisher by ListTrac. ListTrac grants you a limited, non-exclusive, worldwide license to use ListTrac Services with the understanding that this right and license is only granted to you and may not be sublicensed or transferred to any other party. As part of your authorized use of ListTrac Services, you may use the Downloadable Code to install the ListTrac Tools on your sites. You may not modify the Downloadable Code unless authorized in writing by ListTrac.

1.1.2. Licenses granted to ListTrac by Publisher. In exchange for your use of ListTrac Services, and by downloading the Enablement Code, you agree that: (i) ListTrac and ListTrac Partners may collect Publisher Data, except as specified in Section 1.1.5; (ii) you grant ListTrac a worldwide, irrevocable, fee-free, sublicensable right to collect, process, and disclose the Publisher Data to ListTrac Partners and ListTrac customers consistent with ListTrac’s applicable privacy policy, which may change at any time, and you grant ListTrac Partners the same right; (iii) ListTrac, ListTrac Partners, and ListTrac customers may use the Publisher Data for targeted advertising and other purposes as described in the Privacy Policy, including but not limited to, incorporating Publisher Data (or its derivatives) into ListTrac products and services without any obligation to compensate you; (iv) ListTrac may use any feedback provided by you related to ListTrac Services for lawful business purposes without owing any fees to you; and (v) so long as ListTrac notifies you first that it intends to use your marks and you agree, ListTrac may use your marks for promotion of ListTrac Services subject to your trademark and usage guidelines (if any).

1.1.3. Your ListTrac Account. All Publishers must register and create an account on ListTrac.com in order to use ListTrac Services on Publisher Sites. As a Publisher, you agree to provide ListTrac accurate information during registration and to update that information as necessary. To protect your ListTrac account, keep your password confidential. You are responsible for all activity related to your ListTrac account. If you learn of any unauthorized use of your password or ListTrac account, please immediately change your password and contact ListTrac Support.

1.1.5. Data Privacy.

1. Collection on Publisher Sites. When installed on a Publisher Site, the Enablement Code allows ListTrac and ListTrac Partners to set Cookies to collect Publisher Data. These technologies are described in detail in the Privacy Policy. When an End User visits your Publisher Site, ListTrac and ListTrac Partners may set a Cookie and track such End User’s use of your Publisher Site (e.g., the web search that landed the End User on a particular page or categories of the End User's interests), including allowing ListTrac Partners to incorporate Cookies and pixels to enable the synchronization of internal unique identifiers between ListTrac and our third party partners to facilitate online behavioral advertising.
2. Use of Publisher Data. ListTrac uses Publisher Data to create data products and services, including targeted advertising and for other purposes as outlined in the Privacy Policy, and authorizes ListTrac Partners and customers to do the same. ListTrac, ListTrac Partners and customers may also use Publisher Data for other uses such as detecting, preventing, and addressing fraud, security or technical issues, and research and development. In addition, ListTrac may synchronize de-identified or pseudonymous identifiers with those of third parties (including cross-device identifiers).
3. ListTrac Compliance with Rules. ListTrac will comply with all Rules applicable to providing ListTrac Services. ListTrac posts and maintains a Privacy Policy which discloses how it handles Publisher Data.
4. End User (data subject) Requests. ListTrac may provide any End User the ability to access, correct, modify or delete any Publisher Data related to such End User. If an End User contacts you with a request to remove or change the Publisher Data, you may limit or end ListTrac’s right to use and share such Publisher Data by notifying ListTrac with the specific Publisher Data that must be removed or changed.
5. Publisher compliance with Rules. By using ListTrac Services, you agree to comply with the applicable Rules related to your sharing of Publisher Data with ListTrac and other third parties as described in the Privacy Policy. You also agree to obtain all necessary authorizations and End User consents and provide any notices required by the Rules in order to use ListTrac Services or share Publisher Data with ListTrac, including without limitation, any required opt-in consents for permitted sensitive personal data or geo-location data. You further agree to maintain an easily accessible privacy policy linked-to conspicuously from your Publisher Site(s). Your privacy policy links will contain the word "Privacy" and "Cookie" as required by the Rules. You must also use appropriate notice and consent tools on your site that comply with the Rules, such as banners or overlays, which alert End Users that your site uses Cookies and that by using your site, End Users are agreeing to your use of Cookies.
6. Opt-out Requirement for Publisher Sites. Your privacy policy must enable End Users to opt out of the collection and use of their data by you and: (i) for U.S. sites, include a link to the DAA opt-out program (currently available at //www.aboutads.info/choices/) or the NAI opt out program (currently available at //www.networkadvertising.org/choices/); (ii) for EU/EEA sites, insert a link to the EDAA opt-out program (currently available at //www.youronlinechoices.eu); or (iii) in any other global region, provide a link to the Privacy Policy.
7. Adherence to Privacy Standards. You agree that you will not (i) use ListTrac Services to make decisions about an End User’s eligibility for employment, health care, credit or insurance, or for making decisions solely by automatic means where the decision has a significant effect on the End User, or in any way that does or can be used to discriminate against any person or promote bigotry, racism, or harm; (ii) provide to ListTrac any data that qualifies as sensitive data under the Rules; or (iii) provide to ListTrac any data collected from websites directed to children under the age of sixteen (16) or from website users whose age you know to be under sixteen (16). ListTrac may decline to receive Publisher Data at any time.
8. Transfers of Personal Data. You agree that ListTrac may transfer and store Publisher Data globally. If your use of ListTrac Services involves transfers of Personal Information ("PI") (i) subject to data transfer restrictions or requirements under Directive 95/46/EC or any successor legislation; (ii) to countries, jurisdictions, or recipients outside the EEA or Switzerland not recognized by the European Commission as ensuring an adequate level of protection pursuant to Directive 95/46/EC or any successor legislation; and (iii) not otherwise subject to an approved transfer mechanism that provides an adequate level of protection pursuant to Directive 95/46/EC or any successor legislation, such transfers are made subject to the terms of the EU Standard Contractual Clauses for controller to controller ("Clauses"), as entered into between ListTrac (acting in its own name and in the name and on behalf of its affiliates) and Publisher (acting in Publisher’s own name and in the name and on behalf of Publisher’s affiliates). ListTrac and Publisher agree that incorporation of the Clauses into these Terms shall act as a legally binding execution of the Clauses.
9. No PI that Directly Identifies an Individual. You agree not to associate or attempt to associate ListTrac data with any PI that directly identifies an individual (including, without limitation, an individual’s name, email address, government assigned identifier, telephone number, health information and payment card information). You will not use ListTrac Services to derive or attempt to derive PI that directly identifies an individual (including configuring or causing any Cookie or other technology to capture or transmit any such PI to ListTrac) unless authorized by ListTrac. If you discover that you have sent or made any PI available to ListTrac, you will notify us promptly and provide us reasonable assistance to remove any data you have provided that directly identifies an individual.

1.2 Terms Applicable only to End Users. If you are an End User this Section 1.2 and certain other parts of these Terms apply to you.

1.2.1. End User License. Subject to the End User Restrictions in Section 1.2.5., ListTrac grants you a limited license to use ListTrac Services to share content and connect with other users online in accordance with these Terms.

1.2.2. Privacy. Collection of Publisher Data on a Publisher Site is governed by the Publisher’s privacy policy which must comply with ListTrac’s Privacy Policy.

1.2.3. Third-Party Content. Content shared- or linked-to via ListTrac Services may contain references or links to third-party materials and services (including Publisher content) not owned or controlled by ListTrac or its partners and subject to other terms and conditions which you should review. Your dealings with such third parties found through ListTrac Services are solely between you and the third party and such dealings are governed by the relevant terms and policies of such third party. YOU AGREE THAT LISTTRAC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF SUCH DEALINGS OR AS THE RESULT OF SUCH THIRD PARTIES APPEARING ON LISTTRAC SERVICES.

1.2.4. Eligibility. You must be at least sixteen (16) years old to use ListTrac Services. If you are sixteen (16) or older but younger than eighteen (18), you must have parental consent before using ListTrac Services, and your parent must accept these Terms on your behalf.

1.2.5. End User Restrictions. End Users will not: (i) use ListTrac Services in a way that violates the terms of any Publisher Site; or (ii) use ListTrac Services to stalk, harass, harm another person, or violate the law.

1.2.6. Disagreements and Disputes. Your use of ListTrac Services may bring you into contact with other users (whether End Users or Publishers), and their content. You are solely responsible for your involvement with other users and ListTrac shall not be liable for any involvement by you with other users, including for any direct, indirect, special or other consequential damages arising out of or in connection with such disputes.

1.3 Other Rights, Limits, and Restrictions Applicable to End Users and Publishers.

1.3.1. Restrictions. Publishers and End Users will not (and will not permit any third party to): (i) conduct, promote, or advertise any item, good, or activity while using ListTrac Services that violates the law; (ii) upload, distribute, post, transmit, or make available through ListTrac Services or provide ListTrac with, any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors in any way, or racially, ethnically, or otherwise objectionable; (iii) attempt to reverse engineer, change, disrupt, interfere with or jeopardize ListTrac Services, or otherwise attempt to derive the source code of ListTrac Services, Downloadable Code, Enablement Code, or other code or software related to ListTrac Services; (iv) modify, change, or alter in any way, the proprietary content of any third party using ListTrac Services; (v) use ListTrac Services in any manner which interferes with the performance or functionality of the ListTrac APIs or ListTrac Services or any website or app; (vi) attempt to gain access to secured portions of ListTrac Services to which you do not have a right to access; (vii) use ListTrac Services to load or transmit any form of virus, worm, Trojan horse, or other malicious code; (viii) use any automatic, electronic, or manual process to access, search, or harvest information from ListTrac Services, or to interfere in any way with the proper functioning of ListTrac Services; (ix) use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on or via ListTrac Services; (x) conduct, promote, or advertise any item, good, or activity while using ListTrac Services that violates the terms of service of any Publisher Site; and (xi) conduct, promote or advertise any item, good, or activity while using ListTrac Services that ListTrac determines, in its sole discretion, is inappropriate to be promoted through the Publisher Site or ListTrac Services.

1.3.2. Changes to ListTrac Services. ListTrac may change or discontinue ListTrac Services with or without notice at any time. ListTrac will not be liable to anyone if ListTrac changes or discontinues ListTrac Services. If you object to any changes to ListTrac Services, your sole recourse will be to stop using ListTrac Services. Your continued use of ListTrac Services following changes represents your acceptance of such changes.

1.3.3. Intellectual Property. ListTrac owns all right, title, and interest, including intellectual property rights in and to ListTrac Services, the technology used to create and run ListTrac Services, and ListTrac software code and any ListTrac-owned work product, reports, or other output or results, derivatives designs, methods, inventions, know-how, techniques, applications, or other materials or technology, or any enhancements to the foregoing, that ListTrac makes available to you in connection with these Terms.

II. GENERAL

2.1 Warranties and Disclaimers.

2.1.1. Publisher Warranties. Publisher warrants that it has the right and authority to grant the licenses in these Terms and that ListTrac’s exercise of such rights will not infringe or otherwise violate any End User’s or other third-party rights, and that all so-called moral rights in the Publisher Data have been waived to the full extent allowed by law.

2.1.2. ListTrac Warranties and Disclaimers. ListTrac develops its products and services using a commercially reasonable level of care. However, there are certain promises ListTrac does not make about ListTrac Services provided under these terms. LISTTRAC PROVIDES LISTTRAC SERVICES "AS IS". LISTTRAC DOES NOT MAKE ANY COMMITMENTS OR PROVIDE WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF LISTTRAC SERVICES, THE FUNCTIONS OF LISTTRAC SERVICES, OR THE RELIABILITY, AVAILABILITY, OR ABILITY OF LISTTRAC SERVICES. TO THE EXTENT PERMITTED BY LAW, LISTTRAC DISCLAIMS ALL WARRANTIES NOT EXPRESSLY INCLUDED IN THESE TERMS.

2.2 Term. ListTrac may suspend, terminate, or prohibit your use of ListTrac Services at any time with or without cause. If ListTrac terminates your right to use ListTrac Services, you will stop using ListTrac Services immediately. If you are a Publisher, you will remove ListTrac Services (and any related code or technology) from all of your sites immediately. The sections of these Terms that by their nature would reasonably be expected to survive will survive termination or expiration of these Terms.

2.3 Confidential Information. Certain content, information, or software you access through ListTrac Services may contain ListTrac's confidential information. Without limiting the foregoing, all non-public information and materials (including any fee information if you are paying for ListTrac Services) relating to ListTrac Services is ListTrac's confidential information ("Confidential Information"). You agree to protect Confidential Information by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit, or transfer Confidential Information to any third party or use Confidential Information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to Confidential Information, whether or not deemed trade secret under applicable law, remain in effect until such time as the particular information becomes publicly known through no direct or indirect action by you.

2.4 Indemnification. If you are using ListTrac Services on behalf of a business or other entity, that business or entity accepts these Terms. You, the business, or entity will hold harmless and indemnify ListTrac and its affiliates from any claim, suit, or action arising from or related to your use of ListTrac Services or violation of these Terms, including any liability or expense (e.g. losses, damages, judgments, litigation costs, and attorneys' fees) arising from such claims, suits, or actions.

2.5 Limitation of Liability. LISTTRAC WILL NOT BE RESPONSIBLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCURRED BY YOU OR YOUR BUSINESS. LISTTRAC’S AGGREGATE LIABILITY FOR ANY CLAIMS UNDER THESE TERMS IS LIMITED TO $1,000. LISTTRAC WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT ARE NOT REASONABLY FORESEEABLE.

2.6 Export Control Laws. You acknowledge that ListTrac Services are subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export ListTrac Services, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Syria, and Crimea) (each, an "Embargoed Country"), (b) any End User whom you know or have reason to know will utilize them for prohibited purposes, including but not limited to: in the design, development, or production of nuclear, chemical, or biological weapons, rocket systems, space launch vehicles and sounding rockets, or unmanned air vehicle systems (each, a "Prohibited Use"), or (c) any End User who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a " Sanctioned Party "). In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export, or use ListTrac Services. You represent and warrant that (a) you are not a citizen of, or located within, an Embargoed Country, (b) you will not use ListTrac Services for a Prohibited Use, and (c) you are not a Sanctioned Party. All rights to use ListTrac Services are granted on condition that such rights are forfeited if you fail to comply with any of these Terms. If ListTrac has knowledge that a violation has occurred, ListTrac may terminate these Terms.

2.7 Miscellaneous. ListTrac may modify these Terms at any time. You may not assign these Terms, or any part of them, to any other party, without ListTrac’s prior written authorization. You should review these Terms regularly and it is your responsibility to do so. ListTrac will post the "as of date" for these Terms on the bottom of this page. Any changes to these Terms will not apply retroactively and will become effective for your use of ListTrac Services ten (10) days after they are posted on this page. Any changes made to these Terms which are required by law will become effective immediately. If you do not agree to any change in the Terms, you will stop using ListTrac Services. Your continued use of ListTrac Services following changes to these Terms represents your acceptance of those changes. These Terms are the entire agreement between you and ListTrac related to ListTrac Services and supersede any prior or contemporaneous agreements. If an order is placed under these Terms, and there is a conflict between these Terms and the order terms, the terms of the order govern. These Terms govern our relationship regarding your use of ListTrac Services and they do not create any third-party rights. If ListTrac takes no action for your failure to comply with any part of these Terms, it does not mean that ListTrac is foregoing or giving up any rights described here. If any part of these Terms is unenforceable, that will not affect the enforceability of any other part of the Terms. The Uniform Computer Information Transactions Act does not apply to these Terms or to any order that might be placed under them. These Terms are governed by the laws of the State of California and you agree to submit to the exclusive jurisdiction of, and venue in, the courts in San Diego counties in California in any dispute arising of or relating to these Terms. Legal notices to ListTrac must be sent by certified mail to: ListTrac, Inc., 11835 Carmel Mountain Rd. #1304-129, CA 92128, Attention: General Counsel, Legal Department.

III. DEFINITIONS

ListTrac Marks means ListTrac^®, a registered trademark in the United States and any other ListTrac graphics, logos, designs, page headers, button icons, and toolbars appearing on the Publisher Site or ListTrac Services that may be trademarks in the United States and other countries.

ListTrac Services means ListTrac.com, ListTrac Tools, and Downloadable Code.

ListTrac Tools means (i) a suite of ListTrac technologies owned by ListTrac and made available to Publishers to include on the Publisher Sites; and (ii) the ListTrac management and analytics dashboard.

Cookie means a file that is saved on a computer or device when the computer or device communicates with a server, which uses the Cookie to retrieve information about that computer or device and its users.

Downloadable Code means any Enablement Code, and the code provided on ListTrac.com that enables the installation of the ListTrac Tools on the Publisher Site(s).

Enablement Code means code that is part of the ListTrac Tools or is provided to you including any pixel tags or other similar code that enables ListTrac to collect Publisher Data.

ListTrac Partner(s) means third parties that are ListTrac subprocessors, including those that enable the synchronization of unique identifiers to enable online behavioral advertising via the use of Cookies and Enablement Code.

Personal Information means information defined as personally identifiable or personal information by the applicable Rules of the jurisdiction in which a particular individual made known to ListTrac by an End User or Publisher, or through ListTrac Services, resides.

Publisher Data means data collected from the Publisher Site(s) including (a) Publisher Site content collected automatically when installing ListTrac Services, ListTrac Tools, Downloadable Code, or Enablement Code on Publisher Sites; and (b) data collected regarding End User visits and activity on Publisher Sites.

Publisher Site means a website, URL, or web page on which ListTrac Services are enabled or used. ListTrac.com, for example, is a Publisher Site.

Rules means all applicable data protection, electronic communications and privacy laws, rules, regulations, regulatory guidelines, as well as any applicable self-regulatory guidelines, including, without limitation each of the Self-Regulatory Principles of the Digital Advertising Alliance ("DAA"), currently available at //www.aboutads.info/principles, the Code of Conduct of the Network Advertising Initiative ("NAI"), currently available at //www.networkadvertising.org/code-enforcement/code the NAI Mobile Application Code, currently available at //www.networkadvertising.org/mobile/NAI_Mobile_Application_Code.pdf , and the Principles of the European Interactive Digital Alliance ("EDAA"), currently available at //www.edaa.eu/european-principles/, as each set of principles may be amended from time to time.

Service Provider Platform means a software application, or mobile device application (app) on which ListTrac Services are enabled or used.

Third-Party Marks means a third-party registered trademark in the United States and any other graphics, logos, and designs appearing on the Publisher Site or ListTrac Services that may be trademarks in the United States and other countries.