TERMS OF SERVICE

A. You are opening an account on Listworker.com which is a provider of email technologies. These technologies include but are not limited to deliverability assessment, repair and upkeep, reminder services, email list analysis and hygene services, custom software development, data collection and distribution, and DNS management services. You understand and agree that the services we provide come with no guarantee, warranty, assurance of availability, except when offered in a separate service level agreement (SLA) signed by both parties, you and us.

B. We do not work with any company in the business of unsolicited email marketing or any spam-related operation. You agree that if you are found to be spamming in accordance with the current-day description of what a spammer is, we may close your account at any time without notice and without return of any data. You agree and represent that any mailing list (postal or email) which you provide to us is your property and has not been purchased from any person or other source.

C. While we do our best to provide 24/7 uptime, we do not guarantee that we will be up according to a "five nines" industry standard definition. We will work diligently to ensure our service stays up and available to you on a nontop basis but we can not guarantee it will be up every second of every day of every year. This is because the internet contains thousands of routers, switches, and communications gear which does fail from time to time and that is outside of our control.

D. You agree to maintain an anti-virus product on all systems which you are using when connecting to any of our services. You agree to keep your anti-virus software up-to-date with the latest patches and/or upgrades. Should you not maintain a present-day anti-virus system and your password or login is accessed on your local system, you agree to hold us harmless from any events or actions that take place if your account is accessed by another party due to the breach on your local system.

E. You agree that you will keep your login information safe and protected from outside view at all times. We recommend using industry-standard password keeping systems such as Keeper or RoboForm. There are other high-quality encrypted login keeping systems and we do suggest you look into using one for keeping passwords safe from prying eyes.

F. You agree to use our support system when requesting assistance. We do not take telephone calls for support unless we offer you a service agreement which includes telephone access to our support department.

G. Custom software development is priced on a per-job basis, not a per-hour basis. We will provide you with a bid for any custom work which you request.

H. We bill our customers on the 1st of each month and require a credit card to be on-file for payment. We do accept ACH and WIRE payments as well. Please inquire with us for the type of payment you wish to use for your account.

I. Accounts that are 30 days past due are disconnected. This is an automated process and is outside of our physical control so we encourage clients to keep a credit card on file with us so this doesn't happen. If an account is disconnected for non-payment it can be re-connected by contacting our support department - after payment is made.

J. We will not disclose your information to anyone, for any reason, except through a lawful court order. If we receive a court order we will notify you of such event, unless the order includes a gag-term which we will obey.

K. You agree not to store, upload, maintain, or distribute any pornographic or illegal material on, through, or with our service. Accounts found violating this specific term will be immediately disconnected and purged from the service.

L. You understand that we do not control the internet so there are times when a domain may not be reachable for data transport/connection due to a site being down, a network block in place, or another 3rd party which deems your data or data connection to be unsafe. We do not control their actions and you agree that those events may arise and are outside of our control. We will, however, work diligently to reach out to the impacted service, domain, site, or otherwise, and discover why the issue happened and provide you with updates as they work to restore service.

M. Complaints: If we receive a complaint about your activity while on our service, that is directly related to our service, we will advise you of the issue within 12 hours of receiving the complaint. We will advise you what needs to be done to remedy the complaint and will monitor the actions you take to make such remedy. Should we receive more than three (3) complaints in a 24 hour period of time from the same site, service or individual, our system will automatically lock-out the service you are using from being used again until we can discuss with you the cause and verify you have taken steps to prevent the specific issue from arising again. Multiple complaints that "stack" (not cured as other complaints arrive) will cause your account to be locked-out completely until a time we are assured a proper remedy has been implemented.

N. These terms may change from time to time. If you wish to be notified of changes please let us know by emailing support@listworker.com and ask to be kept on the mailing list for term updates/changes. Otherwise, you can visit this page any time to review the latest terms and policies.

PRIVACY POLICY

California Consumer Privacy Laws:

Privacy

We have posted this privacy policy to notify you of the current privacy practices of Listworker.com, and its affiliated entities. We recognize, and take seriously, our obligation to keep information, data, and associated content about current and former customers confidential and secure. We also follow best practices regarding information we collect about individuals and companies we may be in contact with in the course of our activities. We refer in this policy to individuals whose personal information we hold as "you." This policy provides information about how ListWorker.com obtains, collects, processes (pre and post), and shares your personal data. Please read this policy carefully together with any other notices that we may provide so that you are aware of how and why we use your personal data.

This policy is intended to be consistent with (and supplement) our obligations under applicable laws and the EU General Data Protection Regulation ("GDPR").

Your Right to be "Forgotten" (Article 17, GDPR)

We are strong believers in privacy and the right to remain private in your day to day life. If you have an account with us, or, if you are are affiliated with a client of ours on our service, you may ask us to remove every trace of your information from our service. The end result of this request will be all data relating to you (your email address, name, address, or whatever information that you or your client has about you on our service WILL BE DELETED PERMANENTLY. You can do this by emailing our customer support team at support@ListWorker.com and use the subject line of "GDPR Request." Please let us know the email address you wish to have purged and we will find and delete every place we find your email address, in every account, regardless of the function of your address in the data file. That's it, nothing more to do. We will email you back with a confirmation that we have removed your traces from our system, completely, and forever. Note: if you sign back up with one of our customers then your data will be saved from the moment you sign back up with that customer. We can't keep your data deleted if you sign-up with another customer of ours and enter your information on their system or site.

Information We Collect and How We Use It

Let's get this out of the way: We will NEVER sell, rent, lease, give away, trade, or do anything with information we collect from you, period. Unlike 90% of the business world that makes money selling data of all kinds to any buyer, we do not believe in that, nor can we be convinced that it is good practice. Your information belongs to you and we will not give it away to anyone for any reason (unless we are given a subponea, naturally.)

ListWorker.com may collect various types of personal information directly from you and third parties such as clients, prospective clients, former clients, and other advisors and/or contractors. ListWorker.com collects personal information when you, your organization, or a third party that holds your personal information retains ListWorker.com to provide services; when you, your company, or a third party that holds your personal information makes inquiries regarding our professional services; when you use the ListWorker.com website or provide personal information during ListWorker.com events, seminars, tradeshows, and webinars; when you provide us with your personal information at any other type of event regardless of scope; when you or your organization provides or offers services to us.

Examples and types of personal information that we collect are contact information, such as name, physical and mailing address, email address; financial data, such as bank account or credit card information (for payment purposes), accounts receivable or payable balance information, services information, including business information necessary for us to perform our services requested by our clients; user data and usage information collected by the ListWorker.com website and service, or provided by you when using our electronic services; marketing data, including information provided by you about your personal preferences for marketing or marketing automation material and professional information, other screening and due diligence information, such as information we are professionally required to collect from third parties when evaluating whether we can provide you or your organization services. ListWorker.com sometimes collects nonpublic personal information that you or your organization, or a third party with your personal information provides to our company for the purpose of providing services. Nonpublic information can include the fact that an individual is or ever was a client.

We use your personal data for a number of purposes and activities, such as to provide professional advice and other services for our clients; to evaluate prospective clients in accordance with our professional obligations; to manage our business relationships with our clients and service providers; to analyze and improve the ListWorker.com website, data provided, and our marketing services and communications; to evaluate and interview future job applicants, service providers, or other third parties; to comply with any obligations such as conducting due diligence, and other compliance obligations; and responding to requests for information or subponeas; and to protect and manage our business, including analyzing and improving data security, assessing compliance with our practices and policies, and defending our legal rights.

We use your personal data only when necessary to enter an agreement with you or your company, or perform a contract for you; when necessary to comply with obligations; where necessary to pursue our or a third party's interests, provided that your fundamental freedoms and natural rights do not outweigh that interest; or where you have provided your consent. Our legitimate interest in processing your data (lists, addresses, or data attached to files) is to provide marketing and data processing services to our clients in accordance with applicable law and our responsibilities; to secure prompt repayment of fees, costs, and debts; and to promote and market our services.

When you provide us the personal data of other people, you must ensure that you are entitled to share that data with us and that we can collect, use, and disclose that personal information without taking further action in a way that is consistent with our privacy policy. It is your responsibility ensure that the data you share with us is legally allowed to be shared by you.

We may also use your personal information to provide you information about present or future marketing activities. These activities may involve emails, webinars, seminars, or other online meetings, as well as invitations to physical meetings. You may opt out of receiving such communications at any time.

Use of Cookies

We may use cookies to collect information about your browsing activities on this site in order to help us improve our website and provide you with more relevant content and materials. When you receive a marketing email from us, we may use cookies (installed by third party software) to collect information about you in the following ways:

• If you click on a "view as a web page" link in an email, a session cookie is recorded by us so that the web page is personalized in the same way as the email.
• If you click on any link, we will record a session cookie and automatically log such activity in our database.
• If you click "unsubscribe," we will automatically log this information on our database. If you unsubscribe from any email invitation or alert, we will continue to store your personal data on a "marketing suppression list" so as to record your preferences.

With any action or event invitations and confirmations, we will provide buttons to allow you to decline, register, accept, or cancel. Clicking on any of these buttons will generate session cookies and your choice will be recorded in our database to help us manage that action.

Sharing Your Information

ListWorker.com does not sell or otherwise share personal information with third-party marketers offering their products and services. Accordingly, you do not need to take any action to prevent this type of disclosure. We will never sell or disclose your information to any person, company, or agency unless compelled to do so by US law.

We do not disclose any non-public personal information about clients or former clients except as required or permitted by law; as required to provide services to our clients; or in limited situations in which we must defend our legal rights. Under US federal law and GDPR, we are permitted to disclose nonpublic personal information under certain circumstances such as: (a) when disclosure is necessary to carry out a requested transaction, (b) when you consent; (c) pursuant to a third party's legitimate interests (defined strictly within the scope of the services we provide), provided that your fundamental freedoms and natural rights do not outweigh that interest; or (d) to comply with a subpoena or similar legal process.

Protecting the Confidentiality of Nonpublic Personal Information

We deeply value your trust and will handle information about you with extreme care. It is our duty to restrict access to personal information about you. To protect your personal information, ListWorker.com maintains physical, electronic, digitally encrypted methods and safeguards to avoid unauthorized disclosure.

Your Rights Regarding Your Information

You may request access to, correction of, or deletion of your personal information held by ListWorker.com at any time. We may choose not to delete information where it is necessary for compliance or regulatory purposes, or when we otherwise have a substantial need to retain the data. You may also have rights (including under GDPR, where applicable) to restrict processing of your data and to portability of your data to other services. You may exercise any of these rights by contacting us below.

Retention of Information

We keep personal and account information obtained during the course of client servicing for a period of time that is consistent with our responsibilities and that is necessary for the purpose for which the data was collected and to protect and defend ListWorker.com against legal claims.

For other types of personal information, we will retain the data until no longer necessary for the purposes for which it was collected, or, until consent to hold the data is revoked by you, provided that there is no other basis for us to hold the information.

Non-US Law

In our activities outside the United States and/or involving persons located outside the United States, we comply with the privacy laws applicable to those countries and activities, which may impose obligations in addition to those of US law.

For activities in the European Union or involving EU residents, we comply with GDPR, including by obtaining consent for processing of personal information. ListWorker.com has a number may transfer your personal information to a foreign jurisdiction that does not provide a similar level of protection for that data. In such circumstances, ListWorker.com will ensure that necessary safeguards are applied to and on your data, such as the use of specific language in agreements approved by the European Commission.

How to Contact Us

If you have any questions about our cookie policies or privacy practices, or if you have questions outside the scope and purpose of this document, please contact us by clicking on the "contact us" link below or support@listworker.com so we may address your inquiry or issue.

Updates

This cookie and privacy policy may change occasionally, and we will keep the updated version here, at the URL you are viewing right now. We will not make notifications of policy changes so please check back here from time to time to re-read our policies ot make sure they fit within the scope of your business.