List Nebula and its subsidiaries ( “List Nebula,” “we,” “us” or “our) is committed to protecting the privacy of users who access its website located at www.listnebula.com (the “Site”), as well as the mobile and desktop websites of our media partners (collectively, the “List Nebula”). This List Nebula Privacy Policy (the “Privacy Policy”) explains the types of information that we gather and what we do with it. You agree to this Privacy Policy, in its entirety, when you: (a) access or use the Site; (b) register on the Site as a “subscriber” and/or (c) enter one of the sweepstakes, contests and/or other promotions offered by us from time-to-time (“Promotions”). If you do not agree to terms of this privacy policy in its entirety, you may not access or otherwise use the site, register as a publisher or advertiser or enter any promotion.

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 email us at: privacy@listnebula.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 email us at: privacy@listnebula.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.

Information Collected on the Site

 

1. Collecting Personally Identifiable Information

For purposes of this Privacy Policy, “Personally Identifiable Information” means any information obtained through your use of the Site, the Direct Focus Online and/or entry into a Promotion, which might reasonably be used to specifically identify you. The Personally Identifiable Information that you must submit in order to register as an Advertiser or Publisher, or to enter into a Promotion, may include, without limitation, your name, title, company name, mailing/billing address, email address, telephone number, Skype name, credit card information and/or bank account information. To the extent Personally Identifiable Information has been collected from you, you acknowledge that such collection is done on a voluntary basis to enable us to provide you efficient access to the Direct Focus Group, Promotions and our other products and/or services.

2. Collecting Non-Personally Identifiable Information

We automatically collect Non-Personally Identifiable Information when you access and use the Site. This Non-Personally Identifiable Information includes, without limitation, the type of browser that you use (e.g., Internet Explorer, Chrome, Safari), your IP address, the type of operating system that you use (e.g., Windows or Mac OS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the Non-Personally Identifiable Information to help diagnose problems with our server, to personalize your Internet experience and to identify ways of making the Site better. We also may use this Non-Personally Identifiable Information in the aggregate to analyze Site usage, as well as to offer you products and services. This Non-Personally Identifiable Information is not linked to any Personally Identifiable Information.

3. Identifying, Deleting, Modifying and/or Updating Your Information

At your request, we will inform you of what Personally Identifiable Information we have on file for you. If your Personally Identifiable Information changes, if you no longer wish to participate in the List Nebula Group, if you no longer wish to participate in our Promotions or if you no longer desire to access our other products and/or services, you may correct, update, amend or delete your Personally Identifiable Information by making the changes on your account page, by emailing our customer support department at: privacy@listnebula.com; provided, however, that we ask individuals to identify themselves and the Personally Identifiable Information requested to be accessed, corrected or removed before processing such requests, and 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 we may retain and use your Personally Identifiable Information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. In addition, after you delete your Personally Identifiable Information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. This deletion will not change or delete Personally Identifiable Information which may have already been shared with third parties, as permitted in this Privacy Policy. You will need to contact the third parties that contact you directly to change your preferences regarding their use of your Personally Identifiable Information.

4. Opt-Out/Unsubscribe

To opt-out of having your Personally Identifiable Information shared with third parties, please email us at: privacy@listnebula.com. To opt-out of receiving e-mail marketing, telemarketing and direct mail marketing from us, follow the instructions at the end of the applicable marketing message or email us at: privacy@listnebula.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for participation in the Direct Focus Group, your participation in Promotions, as well as to respond to any inquiry or request made by you. To opt-out of receiving List Nebula-related, Promotions-related and/or inquiry response-related messages from us, you must cease requesting and/or utilizing the List Nebula services, cease participating in the Promotions and/or cease submitting inquiries to us, as applicable.

5. Cookies, Tracking Technologies and Setting of Digital Identifiers

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 Site.

We automatically use Digital Identifiers (as defined below) for tracking transactions, identification, security and the user characteristics as set forth herein. No Personally Identifiable Information is collected by use of digital identifiers and we use the information collected through such Digital Identifiers, which may also include information about the precise geographic location of the device, which may be collected when the user of the device permits such collection, to analyze trends, administer the Site, track movements on the Site and gather aggregate demographic information, about visitors so we can continually improve the Site, our performance network, in order to buy and sell online advertising, including interest-based advertising, using Real-Time Bidding and our other products and services.

Real-Time Bidding: Are complex technological tools or platforms that enable advertising buyers to bid in “real time” for the opportunity to show an online advertisement when a web page is loaded or an app is used.

We also employ, and our third-party advertising partners employ, Digital Identifiers that help us better manage content and/or track transactions, collect data, serve advertising and provide related services. Unless expressly indicated otherwise, we do not tie the information gathered by Digital Identifiers to our customers’ Personally Identifiable Information.

Glossary:

Beacons, Pixels and Tags: Beacons (also sometimes referred to as web beacons or pixels) and tags enable online advertising companies to collect data, serve advertising, and provide related services, such as measurement or fraud prevention, on websites by allowing communication between a web browser and a server. A beacon is a small transparent image that is placed on a web page. A tag is a small piece of computer code that is run by the web browser.

Mobile SDK: A mobile SDK is the mobile app version of a beacon or tag (see Beacons and Tags above). The SDK is a piece of computer code that publishers include in their apps to enable ads to be shown and to enable related services, such as measurement or fraud prevention, including collecting and analyzing data which is available through the device on which the mobile SDK is installed.

Cookie: A cookie is a small text file that is stored in a web browser by a website or ad server. By saving information in a cookie, websites and servers can remember preferences or recognize browsers from one visit to another or from one website to another.

Non-Cookie Technology: Today’s online world is becoming increasingly complex, with a proliferation of new devices, software platforms, online services and other technology. As such, cookies are not always available. Therefore, companies are using alternative methods to distinguish devices. For example, some platforms, such as Apple’s iOS and Google’s Play Services for Android, provide unique IDs to be used for advertising. Most mobile devices are assigned unique identifiers that also may be used to distinguish devices. Additionally, it is possible to use mathematical techniques to make intelligent guesses about recognizing devices.

We also gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users’ movements around the Site and to gather demographic information about our user base as a whole.

We do not link this automatically-collected data to Personally Identifiable Information.

Without deviating from the terms set forth above, including with respect to potential use of Non-Cookie Technology, the Direct Focus Group uses the following: (a) unique cookies to identify web browsers and to store data for advertising purposes, including interest-based advertising; (b) unique cookies to track users’ responses (clicks and conversions) to ads purchased; (c) non-unique cookies to store users’ opt-out choices.

Please note the digital identifiers on the Site may change periodically and we will update this preference manager accordingly to have the most up to date digital identifiers included in this tool.

6. Behavioral Tracking

Direct Focus Online uses cookies, pixels and other tracking technology on the Site for purposes of tracking users’ activities after they leave the Site. Direct Focus Online uses these tracking technologies to target applicable users with advertisements regarding Direct Focus Online products and services, and other products and/or services that Direct Focus Online thinks may be of interest to applicable users. 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, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. In addition, if you would prefer to not receive targeted ads from us or from the partners that use our services, please follow the instructions at the end of the applicable marketing message or email us at: privacy@listnebula.com. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third parties in connection with the Site.

7. Blogs, Social Media Websites and Testimonials

Our blog is hosted by a third-party application that may require you to register to post a comment.  We do not have access to or control of the Personally Identifiable Information that is published to our blog by users who post comments. You will need to contact or login into the third-party commenting application if you want the Personally Identifiable Information that was posted to the comments section removed. To learn how the third-party application uses your information, please review its privacy policy.

The Site may also include links to third-party social media websites such as Facebook®, Twitter®, LinkedIn® and Google+®, as well as associated social media features and scripts, such as the Facebook® “like” button and widgets. These features and scripts may collect your IP address, which page you are visiting on the Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by the applicable third party social media website or hosted directly on the Site. Your interactions with these social media features and widgets, as well as your interactions with the social media websites themselves, are governed by the privacy policies of the applicable social media websites.

If you submit Personally Identifiable Information in a comment on a blog post and/or on any applicable social media websites, you should be aware that the Personally Identifiable Information that you submit using such forums can be read, collected or used by other users of these forums (depending on your privacy settings, in the case of social media websites), and could be used to send you unsolicited messages or otherwise contact you without your consent or desire. We are not responsible for the Personally Identifiable Information that you choose to submit in these forums.

We display personal testimonials of satisfied customers on the Site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at: privacy@listnebula.com.

8. Third-Party Links and Third Party Digital Identifiers

The Site may offer links to third-party websites. These third-party websites have their own terms of use and privacy and security policies. If you choose to visit one of these third-party websites, you should review the policies that govern that particular website.

We may also cooperate with other companies and individuals to perform certain functions on their behalf. Examples include sending direct and electronic mail, analyzing data and providing marketing analysis. Where we perform these functions on behalf of third parties, we may be granted access to certain users’ Personally Identifiable Information as needed to perform these functions in which event the provision thereof shall be governed by the applicable policies of those third-parties.

You acknowledge and confirm that the use of digital identifiers by these third-party websites is not covered by this Privacy Policy and are governed by the applicable policies of those third-party websites.