- Introduction to Sales Prospects Services
Sales Prospects and its various affiliates and subsidiaries provide to clients a wide variety of data management, distribution, analytic and marketing services, which help our clients and the platforms and partners they work with to provide more relevant marketing and communications, and to understand their consumers better. These clients may reach their customers and others, for instance, through direct mail, email, display, mobile and multi-media channels. Many of these services are described in greater detail on our website, salesprospects.online
Sales Prospects is a member of the Direct Marketing Association (“DMA”), and we adhere to the principle that consumers should have choices regarding how marketers use their data and market to them. For information about how to opt out of our database, or out of certain services provided by our business partners, please go to our section titled “Your Choices and Rights.”
- The Types of Data That We Obtain and Use
Sales Prospects receives data from, and handles data on behalf of, a variety of consumer-facing companies, applications and services, business-facing companies, and data compilers and suppliers. We also may obtain data through public sources, such as census data and other public records. Some of the data we receive, use and make available is Personal Information (“PI”) or is linked to PI. PI includes, for instance, name, postal address, telephone number or email address. In addition, some of our services involve using and making available “business to business” (“B2B”) data, which is obtained from a number of sources, including public directories, filings and publications, surveys and subscriptions.
- Our Services and How We Use Personal Information
We use and make available PI for various purposes in connection with the products and services we offer. For instance:
We help marketers to deliver, target and optimize direct mail and email campaigns, display, mobile and social media marketing;
b. We help marketers to measure the effectiveness of ad campaigns (online and offline), such as by determining which messages are most likely to be seen or opened by which types of consumers, or which types of ads are most likely to lead to purchases;
c. We create sets of consumer attributes – categories of personal interests that are grouped together based on common interests or preferences (“Data Segments”). These Data Segments may be associated with a person, household, or when used online, a unique online identifier, such as enjoying sports, travel, living in a middle-class neighborhood, or being a member of a certain profession. Marketers may use these Data Segments to tailor more relevant ads and offers to groups of users, or to learn more about their own customers and improve their own databases;
d. We provide other data services, such as (but not limited to) verification, record look-ups, anti-fraud services, B2B records and services, and other analytics and database tools.
We may use PI and Data Segments to help marketers and other data platforms perform “cross-channel” marketing – analyzing, locating and creating potential marketing “audiences” through multiple channels, e.g., web and mobile, or TV/radio.
- How We Work With and Share Data With Third Parties
Sales Prospects may share and sell data, including PI and Data Segments, as follows:
b. Partners: We may share or sell data, including PI and Data Segments, with and to business and data partners (such as business partners who provide to marketers their own applications or data services) or with clients, to help provide more tailored advertising and for analytical purposes.
c. Corporate transfers: If Sales Prospects or its significant assets are purchased by another entity, our data will likely be transferred to that entity, including for due diligence prior to any such potential purchase.
d. Affiliates, Parents and Subsidiaries: We may share some or all of the data in our possession with affiliated or subsidiary companies.
As Required by Law or to Protect Any Party: Sales Prospects may disclose data if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect or otherwise defend the rights, property or safety of Sales Prospects or any other party.
- Your Choices and Opt-Out Rights
- Opting Out of Sales Prospects’s Database. You may click here to send an email to us to opt out of Sales Prospects’s database. If you do so, please include the following information in your email: (a) first and last name, and (b) current address. We also recommend that you provide us with other addresses you have lived at in the past five years, which may help us to opt you out even if we have not yet acquired your current address information. If you decide to opt out in this way, we will stop using data in Sales Prospects’s proprietary database to help our customers send or tailor ads and content to you, including through email, direct mail or online display marketing. (It usually takes us between 30 to 60 days to process this opt out through all of our databases.) Doing so will not opt you out of our customers’ or our partners’ databases, only data in Sales Prospects’s own database – so other companies that we work with may still send ads, offers and content to you.
- Opting Out of Your PI Being Shared with Third Parties or Online Targeting. If you would like to opt out of your PI being shared with third parties, please email firstname.lastname@example.org and fill out the form as directed.
- Unsubscribing from Our Emails. In addition, when we send an email to you (whether on our behalf or on behalf of a client), we will provide a way for you to opt out of receiving emails from us in the future. Usually, this appears as an “unsubscribe” or “opt out” link in the footer of the email.
- Deleting or Disabling Cookies. You may delete or disable cookies at any time through your web browser settings. However, choosing to delete or disable cookies may limit your ability to use some features on our websites and services.
- Contact Policy
In certain instances when you enter your PI into a form on our website, such as when you sign up for a free trial for one of our products, you agree that Sales Prospects and its subsidiaries and affiliates may use your email address and phone number for marketing and analytical purposes, including to contact you regarding Sales Prospects products. You may opt out at any time by contacting email@example.com
- Security and Data Integrity
- California Residents
If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with specific rights regarding your PI, including: (i) the right to know what information we collect, disclose, and sell; (ii) the right to request deletion of your PI, subject to certain exceptions; and (iii) the right to opt out of the sale of your PI.
- Questions- Contact Us
If you have questions or concerns about Sales Prospects’s privacy efforts or data products, please contact us at 877-625-5255 or firstname.lastname@example.org
TERMS & CONDITIONS
Terms and Conditions for Use of Sales Prospects Inc.’s Data and Services
Please read these Terms and Conditions (“Terms”) carefully as they create a legally binding agreement between you and Dexter Management dba SalesProspects.Online (Sales Prospects) . These Terms govern your use of the websites that link to these Terms. By using Sales Prospects products and services (“Product Suite”) via Sales Prospects websites, you automatically agree to these Terms. Your use of Sales Prospects Product Suite may be provided by Sales Prospects pursuant to a separate agreement. Those additional terms in the separate agreement become part of your agreement with us. Unless otherwise provided in a separate agreement, Sales Prospects grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Product Suite for your own internal purposes during the term of this agreement. If you do not agree to these Terms, please immediately cease any use of Sales Prospects Product Suite.
Term and Termination
When you agree to these Terms, the agreement between you and Sales Prospects begins. The agreement will last for as long as you have an account on the Sales Prospects websites or until we terminate your account in accordance with these Terms. Sales Prospects or you may terminate your account at any time and for any reason by providing the other party notice. We may suspend your account at any time, with or without cause.
Sales Prospects owns all right, title, interest, and proprietary rights in the Product Suite, including, but not limited to, patents, trademarks, service marks, copyrights, trade secrets, and other intellectual property rights. If you provide suggestions, comments, ideas or recommendations, requests for enhancements, additional features or functionality, or other feedback to Sales Prospects (collectively “Feedback”), you hereby assign all right, title, interest, and proprietary rights, in and to the Feedback to Sales Prospects. All licenses granted to you pursuant to this agreement or any applicable agreement with Sales Prospects are expressly conditioned upon your compliance with these Terms. All rights not expressly granted hereunder are reserved to Sales Prospects. Any use of the Product Suite not expressly authorized in this agreement is strictly prohibited.
You represent and warrant that you either own or have the authority, license, or permission to use all material, content, data, and information that you provide to Sales Prospects in the course of using the Product Suite. You will retain ownership of the material, content, data, and information that you provide to Sales Prospects.
Rules and Restrictions
- Unless specifically authorized in advance and in writing by Sales Prospects, you will not share, sell, transfer or otherwise make the Product Suite available to any third person or entity. You will use your best efforts to prevent the misuse or unauthorized use of the Product Suite by any third person or entity.
- You may not disassemble, decompile, reverse engineer, modify, or otherwise alter the Product Suite or any part thereof.
- You may not access data not intended for your use.
- You may not log on to a server or an account that you are not authorized to access.
- You may not probe, scan, or test the vulnerability of a system or network.
- You may not attempt to breach security or authentication measures without proper authorization.
- You may not interfere with services to any user, host, or network, including, but not limited to, submitting a virus to any Sales Prospects website, overloading, flooding, spamming, mailbombing, or crashing.
- You will not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search an Sales Prospects website other than the search engine and search agents available from Sales Prospects on one of Sales Prospects websites and other than generally available third-party web browsers (e.g. Netscape Navigator, Microsoft Explorer).
- You may not use the Product Suite to store or transmit data that infringe a third party’s privacy right or intellectual property right.
- You may not use the Product Suite in connection with any mobile application (for example, for iOS and Android).
- You many not co-brand or otherwise provide the Product Suite on behalf of any third party;
- You will not name or refer to Sales Prospects or your use of the Product Suite in any of your advertisements or promotional or marketing materials.
- You will not use the Product Suite for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized under these Terms.
- You may not use data derived from the Product Suite for the purpose of soliciting survivors of deceased persons.
- You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Sales Prospects and to enable such data to be lawfully collected, processed, and shared by Sales Prospects for the purposes of providing the Product Suite or as otherwise directed by you.
- You may not send Spam of any sort.
- You will not use the Product Suite to create, send, or display pornography, sexually explicit content, or campaigns promoting or supporting terrorism or violent extremism.
- You will not use purchases, rented, or third-party lists of email address.
- You agree and warrant that your use of the Product Suite will comply with all applicable federal, state, local, and foreign laws, statutes, rules, and regulations (“Laws”), including, but not limited to, CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act, any State Registry laws, do-not-call lists, Canada’s Anti-Spam Law, and all applicable guidelines of the Direct Marketing Association (“DMA”). You shall be responsible for compliance in connection with your use of the Data. If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines. You acknowledge and agree that it is your sole responsibility to determine the applicability of, and ensure your own compliance with, any such Laws.
- You will comply with all Laws applicable to the campaigns sent through the Product Suite, including those relating to (i) acquiring consents (where required) to lawfully send campaigns, (b) the content included in the campaigns, and (c) your campaign deployment practices.
- You acknowledge that certain data from the Product Suite may include names and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those and you further agree to comply with all such relevant Laws relating to any such do-not-contact lists.
- Sales Prospects reserves the right to review your use of the Product Suite to ensure compliance with these Terms, but any failure of Sales Prospects to review such use will not constitute acceptance of such use or waive any of Sales Prospects rights hereunder or limit any of your obligations with respect to these Terms and the Product Suite.
- Sales Prospects further reserves the right to require additional terms and conditions, or require you to enter into additional agreements, prior to providing you with access to the Product Suite.
Disclaimer of Warranties
THE PRODUCT SUITE ARE PROVIDED ON AN “AS-IS” BASIS AND SALES PROSPECTS HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES TO YOU, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESULTS TO BE DERIVED FROM THE USE OF THE PRODUCT SUITE. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, NEITHER SALES PROSPECTS NOR ANY OF ITS THIRD-PARTY SUPPLIERS OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPREHENSIVENESS OR COMPLETENESS OF THE PRODUCT SUITE NOR THAT THEY WILL BE UNINTERRUPTED. EXCEPT WHERE OTHERWISE PROHIBITED OR LIMITED BY LAW,
Limitation of Liability
IN NO EVENT WILL SALES PROSPECTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR “COSTS OF COVER” ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCT SUITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING OUT OF ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATORY PROFITS, REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, UNAUTHORIZED ACCESS, THEFT, STRIKES, OR ANY FORCE MAJEURE. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE PRODUCT SUITE.
You agree to indemnify, defend, and hold harmless Sales Prospects, its stockholders, directors, officers, employees, independent contractors, and agents against any claim, demand, loss, liability, damage, injury cost, or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your violation of these Terms or your use of the Product Suite.
Your violation of these Terms may cause irreparable harm to Sales Prospects. We have the right to seek injunctive relief or other equitable relief if you violate these Terms.
Additional Remedy of Termination
In addition to all other legal rights and remedies available to Sales Prospects for any apparent, threatened, or actual breach or violation of these Terms by you, Sales Prospects has the right to terminate your account and demand immediate return or destruction of any data accessed from the Product Suite at any time if Sales Prospects believes you are not complying in full with these Terms.
No Assignment by you
you may not assign your rights or obligations under these Terms to any other person or entity without the prior written consent of Sales Prospects, whether by operation of law or otherwise, and any attempt to do so shall be void..
Governing Law; Jurisdiction
All matters relating to these Terms and the Product Suite shall be governed by and construed under the laws of the State of Florida, without regard for the principles of conflicts of law of that State or any other state. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida. You agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.
Sales Prospects reserves the right to make changes to the Terms at any time, with our without notice to you. The new Terms will take effect immediately upon posting and apply to your continued use of the Product Suite. Sales Prospects may change the Product Suite or discontinue the Product Suite at any time.
These Terms and any additional agreements contain the entire understanding between you and Sales Prospects and supersede any prior understandings or agreements, oral or written, relating to the subject matter of these Terms. These Terms may only be amended by a document signed by you and Sales Prospects. No waiver of any breach of these Terms shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.
If there is a conflict between these Terms and any agreement where you were assigned an account, the agreement where you were assigned an account will control to the extent of the conflict.