Privacy Policy
Last Updated: November 09, 2015
Privacy Policy
The Aged Lead Store™ and Next Wave Marketing Strategies websites located at www.agedleadstore.com and www.nextwavemarketingstrategies.com, respectively (collectively, the "Site"), are owned and operated by Next Wave Marketing Strategies, Inc. ("NWMS," "we," "our" or "us"). This NWMS Privacy Policy ("Privacy Policy") covers our treatment of personal information and other information that we collect when an end-user visitor ("Visitor"): (a) accesses certain information relating to the NWMS Offerings (as defined below), including various e-books and downloadable periodicals, as well as other text, images, graphics, blog posts and other material made available by NWMS (collectively, "NWMS Content"); (b) accesses the searchable database and associated services made available by NWMS (collectively, "Platform"), which enable individuals and/or entities ("Purchasers," and together with Visitors, "Users") to: (i) search for consumer data records grouped by industry/type (collectively "Leads"), as compiled by NWMS from various third party sources (collectively, "Third Party Sources"), using available search criteria/filters; and (ii) where applicable, purchase via the Site, e-mail, telephone orders or any offline methods made available by NWMS, a license to utilize such Leads for a period of three (3) months, or such other period as designated by NWMS from time-to-time ("Lead License Period"); (c) registers to receive the NWMS e-mail newsletter ("Newsletter"); and/or (d) accesses NWMS social media pages/accounts on third party social media websites, such as Facebook®, Google+®, LinkedIn®, Twitter® and YouTube® (collectively, "Social Media Pages," and together with the Site, NWMS Content, Platform, Leads and Newsletter, the "NWMS Offerings").
Capitalized terms not defined herein shall have the meanings set forth in the Website Terms and Conditions and Lead Purchase Agreement ("Terms"). IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE NWMS OFFERINGS.
Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your "personal information" (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: info@agedleadstore.com.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: info@agedleadstore.com. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
Personal Information Collected
For the purposes of this Privacy Policy, "personal information" shall mean individually identifiable information from or about an individual. We collect personal information when you access certain of the NWMS Offerings and complete the required information request Form(s), whether via the Site, e-mail, telephone orders or any offline methods made available by NWMS. The information that you must supply on the applicable Form may include, without limitation, your: (a) full name; (b) username and password; (c) e-mail address (including the e-mail address associated with your PayPal® account where purchasing a license to certain Leads with a PayPal® account); (d) your company's name; (e) your full mailing address; (f) your credit card information, including billing address (where purchasing a license to certain Leads with a credit card account); (g) your mobile telephone number and mobile carrier; (h) your alternate telephone number, if any; (i) how you located the Site; (j) what Lead types you are interested in; and/or (k) any other information requested by NWMS on the Form. Where you do not wish to pay for Leads via a credit card or PayPal®, you may contact NWMS with your alternative payment request and, where NWMS approves, NWMS will send you a purchase order that will enable you to pay by faxed check, wire transfer, direct bank deposit and/or Western Union (collectively, "Alternative Payment Information"). For purposes of this Privacy Policy, item (f) in this paragraph, as well as any and all Alternative Payment Information, shall be considered "Sensitive Information."
Use of Personal Information
By submitting your personal information in connection with your access to the NWMS Offerings, you agree that we may send you our periodic e-mail Newsletter, and share, sell, rent, lease or otherwise provide that personal information (other than Sensitive Information) to any third party for any purpose permitted by law, and we may work with other businesses to bring selected retail opportunities to our Users. These businesses and third parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. We will also use your personal information to send you promotional messages regarding various NWMS products and/or services, as well as third party products and/or services that we think may be of interest to you.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users' personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the NWMS Offerings and/or to contact you when necessary in connection with your use of the NWMS Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our business including, without limitation, the NWMS Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the NWMS Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Where you provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time ("TCPA"), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the NWMS Offerings, and your consent simply allows NWMS to contact you via these means. Further, you agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes.
We reserve the right to release current or past personal information (including Sensitive Information): (i) in the event that we believe that the NWMS Offerings are being or have been used in violation of the Terms or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if NWMS is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law including the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.
Credit Card and PayPal® Transactions
NWMS utilizes third party service providers to provide credit card and PayPal® payment processing services. If you choose to purchase Leads, the credit card information provided, or PayPal® account registration information, depending on your preferred payment method, will either be collected directly by such third party service provider or PayPal®, or we will share that payment information with our contracted third party service provider(s) or PayPal®, as applicable. NWMS requires that its third party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third party payment processing service provider(s) including, without limitation, PayPal®.
Social Media Websites/Interactive Services
If you engage in any interaction with NWMS, other Users or any third party on any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where NWMS responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members of NWMS's social media presence.
We are not responsible for the personal information that you choose to submit on any Social Media Websites. The Social Media Websites operate independently from NWMS, and we are not responsible for such Social Media Websites' interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites' privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.
Non-Personal Information Collection and Use
IP Addresses/Browser Type
Through the use of Google Analytics® and other applicable tools, we may collect certain non-personally identifiable information about you when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the NWMS Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the NWMS Offerings.
Cookies
When a User visits the Site, we send one (1) or more cookies and/or gif files (collectively, "Cookies") to assign an anonymous, unique identifier to the
applicable User's computer or other device. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about
you. Cookies have many benefits to enhance your experience with the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use
Cookies to improve the quality of the NWMS Offerings, including for storing user preferences and tracking Site-user trends (such as pages opened and length
of stay at the Site).
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a user rejects a Cookie, he or she may still use the NWMS Offerings; provided, however, that certain functions of the NWMS Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.
Behavioral Tracking
When you visit the Site, we may use uses cookies, pixels and other tracking technology for purposes of serving you behavioral marketing advertisements after you leave the Site, via the Internet and social media websites including, without limitation, Facebook®. To opt out of this behavioral marketing, please e-mail us at: info@agedleadstore.com. In addition, third parties such as Google® may engage in a similar form of behavioral tracking of Users that visit the Site. Users may be able to disable some or all of this tracking activity by utilizing the "Do Not Track" setting or similar options within most major Internet browsers.
Aggregate Data
NWMS reserves the right to transfer and/or sell aggregate or group data about Users of the NWMS Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of NWMS Offerings Users as a group, without disclosing personally identifiable information.
Third-Party Websites
The Site may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites. NWMS is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and NWMS has no responsibility or liability relating to them.
Security
We endeavor to safeguard and protect our Users' personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users' personal information is restricted in our offices, as well as the offices of our third party service providers. Only employees or third party agents who need the personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other NWMS Offerings or otherwise via the Internet or wireless network, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Minors
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. NWMS does not knowingly solicit or collect information from visitors under eighteen (18) years of age. NWMS encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Opt-Out/Unsubscribe
To opt-out of receiving e-mail communications from us, you can follow the instructions at the end of the applicable e-mail message or e-mail us at:
info@agedleadstore.com.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for NWMS Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving NWMS Offerings-related and/or inquiry response-related messages from NWMS, you must cease requesting and/or utilizing the NWMS Offerings and/or cease submitting inquiries to NWMS, as applicable.
Deleting, Modifying and Updating Your Information
At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: info@agedleadstore.com. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the NWMS Offerings, including potentially terminating your ability to purchase Leads. If you wish to continue using the full complement of NWMS Offerings, you may not be able to delete all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
Changes to this Privacy Policy
NWMS reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, NWMS will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.
Contact Us
If you have any questions about this Privacy Policy, please e-mail us at: info@agedleadstore.com.