SHARE LOCAL MEDIA INC.

SUPPLEMENTAL TERMS FOR REVERSE EMAIL APPEND SERVICES 

Last modified on November 30, 2018

 

If you request Share Local Media to append or supplement your Your data pertaining to Your consumers with data from Share Local Media or our third-party service providers for purposes of reverse email append services (“Third-Party Reverse Email Append Licensed Data”) to be used by Share Local Media on your behalf in connection with a campaign you agree to and are subject to these Supplemental Terms for Reverse Email Append Services (“Reverse Email Append Service Terms”) 

These Reverse Email Append Service Terms are in addition to Share Local Media’s Terms of Use and except as explicitly stated, Share Local Media’s Terms of Use apply in full. All capitalized terms not defined here have the meaning given to them in Share Local Media’s Terms of Use. Nothing in these Reverse Email Append Service Terms shall be construed to amend or contradict Share Local Media’s Terms of Use unless explicitly stated. If there is a conflict between Share Local Media’s Terms of Use and the Reverse Email Append Service Terms, these Reverse Email Append Service Terms control.

SUPPLEMENTAL TERMS FOR REVERSE EMAIL APPEND SERVICES

1. License and Authorized Use.  Subject to the terms and conditions of these Terms, You, or Share Local Media on Your behalf, is hereby granted, a nonexclusive, limited, nontransferable license to use the Third-Party Reverse Email Append Licensed Data in connection with one (1) Campaign for Your own marketing programs or services only and not those of another party and for no other purpose. Third-Party Reverse Email Append Licensed Data may not be used in connection with other data collected online using cookies, web beacons, online advertising networks, or other similar online tracking tools.  

2. Customer Database. You will deliver to a compilation of records, each consisting of an email address of a customer (the “Customer Database”).

3. Client Representations, Warranties, and Obligations

You represent and warrant that: (a) the Customer Database was compiled in accordance with, and complies and will comply with, all applicable local, state, and federal laws, rules, and regulations, and all applicable Federal Trade Commission opinions; (b) You have the legal right to provide the Customer Database and to use the Customer Database for the purposes contemplated in the Terms, and You have obtained all applicable consents or authorizations therefore, if any; (c) Our receipt, storage, and use of the Customer Database as set forth herein will not violate Your privacy policy (as applicable), any applicable law, rule, or regulation, or any agreement to which You are bound; (d) Your communications to the Customer Database will not violate their respective privacy policies, terms of service, or the privacy rights of Customers; (e) to the best of Your knowledge, each record in the Customer Database has an established relationship or is an actual customer; (f) Your use of the Third-Party Reverse Email Append Licensed Data will comply with all applicable laws, rules, and regulations, as well as all applicable self-regulatory guidelines and principles, including without limitation the Data & Marketing Association's guidelines; (g) all marketing communications will be in good taste and in accordance with generally recognized standard of high integrity; (h) You will not use the Third-Party Reverse Email Append Licensed Data in connection with any government-run program, including but not limited to Medicare and Medicaid; (i) You will not use the Third-Party Reverse Email Append Licensed Data for credit granting, credit monitoring, account review, collection, insurance underwriting, employment, or any other purpose covered by the Fair Credit Reporting Act ("FCRA"), Federal Trade Commission and/or Consumer Financial Protection Bureau interpretations of the FCRA, and/or similar federal and state statutes; and (j) You will feature an easy to find privacy policy on each website and mobile application from which You collect consumer data that complies with applicable laws, and has and will provide (i) clear and conspicuous notice to consumers that their information will be disclosed to third parties for marketing purposes and the categories of such information that will be shared, and (ii) directions to an easy to use mechanism for consumers to opt out of having their information disclosed to third parties and/or used by You marketing purposes, and You will honor such choices, and provide a mechanism by which Share Local Media, if required, can honor such choices. You will not provide data regarding any individual who has opted out of having their information disclosed to third parties.

You further represent and warrant that the Third-Party Reverse Email Append Licensed Data appended to the Customer Database will be used by You only. You will not transfer possession, right, or title of or to the Third-Party Reverse Email Append Licensed Data to any third party for any other purpose whatsoever.

You are solely responsible for compliance with all "do not call," "do not mail," and similar legislation relating to telemarketing, privacy, and email activities, including but not limited to the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), the Telephone Consumer Protection Act (47 U.S.C. § 227 et seq.), and the Telemarketing Sales Rule (16 C.F.R. § 310 et seq.). Unless expressly agreed to by Share Local Media under the Terms, Share Local Media is not responsible for obtaining any required consumer consent under applicable law and makes no representation or warranty with respect to compliance with any legislation relating to telemarketing, privacy, or email activities. You will be responsible for accepting and responding to any communication initiated by a consumer.

You agree that the solicitation or ad copy prepared in connection with the Third-Party Reverse Email Append Licensed Data will be devoid of any references to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient's name and/or address.