Plain English where we can — precise where we must

Terms of service
& privacy policy.

The agreement that governs your use of ListWorker, plus how we handle data — including your GDPR rights and our promise never to sell your information.

Terms of service

Read these carefully before opening an account.

Our golden rule: we do not work with spammers. Ever. If you feel it's "ok" to send volumes of email to people who never asked you for those messages, please close your browser now — we cannot, and will not, ever, help you.
A

Services we provide

You are opening an account on Listworker.com, a provider of email technologies. These technologies include but are not limited to deliverability assessment, repair and upkeep, reminder services, email list analysis and hygiene 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, or assurance of availability except when offered in a separate Service Level Agreement (SLA) signed by both parties.

B

No spammers

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) you provide to us is your property and has not been purchased from any person or other source.

C

Uptime

While we do our best to provide 24/7 uptime, we do not guarantee a "five nines" industry-standard level of availability. We will work diligently to keep our service up and available to you on a non-stop basis, but we cannot guarantee it will be up every second of every day of every year. The internet contains thousands of routers, switches, and pieces of communications gear that fail from time to time, outside our control.

D

Anti-virus

You agree to maintain an anti-virus product on all systems you use to connect to any of our services, and to keep that anti-virus software up to date with the latest patches and upgrades. If you do not maintain a current 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 because of that local breach.

E

Login security

You agree to keep your login information safe and protected from outside view at all times. We recommend using industry-standard password managers such as Keeper or RoboForm. There are other high-quality encrypted password managers as well, and we suggest you look into one to keep passwords safe from prying eyes.

F

Support channel

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

G

Custom software development

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

H

Billing

We bill our customers on the 1st of each month and require a credit card on file for payment. We also accept ACH and wire payments — please inquire for the type of payment you wish to use for your account.

I

Past-due accounts

Accounts that are 30 days past due are disconnected. This is an automated process 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 reconnected by contacting our support department after payment is made.

J

Data disclosure

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 it, unless the order includes a gag term that we must obey. If we receive any request from any third party, official or not, we will advise you of the contact.

K

Prohibited content

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

L

Internet outages

You understand that we do not control the internet, so a domain may not be reachable from time to time because a site is down, a network block is in place, or another third party deems your data or connection unsafe. We do not control their actions, and you agree those events may arise outside our control. We will, however, work diligently to reach the impacted service, find out why it happened, and provide you with updates as service is restored.

M

Complaints

If we receive a complaint about your activity on our service that is directly related to our service, we will advise you of the issue within 12 hours of receiving it. We will explain what needs to be done to remedy the complaint and will monitor the steps you take. If we receive more than three (3) complaints in a 24-hour period from the same site, service, or individual, our system will automatically lock you out of that service until we can discuss the cause with you and verify you have taken steps to prevent it from arising again. Multiple complaints that "stack" (still un-cured as new complaints arrive) will cause your account to be locked out completely until we are assured a proper remedy has been put in place.

N

Annual term

This is an annual service. Billing will be monthly for a 12-month period and will auto-renew for successive annual terms each calendar year on the anniversary of the date the account was opened. Account-closure requests will be honored, but the remaining months of the annual cycle remain due and payable.

O

Account closure

Closed accounts are permanently deleted. All data is purged within three (3) days of you notifying us the account should be closed. If we close your account due to non-payment, the data will be purged on a schedule of our choosing.

P

Changes to these terms

These terms may change from time to time. If you wish to be notified of changes, please email support@listworker.com and ask to be added to the mailing list for term updates. Otherwise, you can visit this page any time to review the latest terms and policies.

Privacy policy

How we obtain, collect, process, and share your data — and what we never do with it.

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 it carefully together with any other notices we provide so 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 affiliated with a client of ours on our service, you may ask us to remove every trace of your information from our service. The result of this request is that all data relating to you — your email address, name, address, or whatever information you or your client has about you on our service — will be deleted permanently.

To do this, email our customer support team at support@listworker.com with the subject line "GDPR Request." Tell us the email address you want purged and we will find and delete every place we find that 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 later, your data will be saved from the moment you sign up again. We can't keep your data deleted if you sign up with another customer of ours and re-enter your information on their system.

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 otherwise transfer information we collect from you. Period. Unlike much of the business world that profits by selling data to any buyer, we do not believe that's good practice. Your information belongs to you, and we will not give it away to anyone for any reason (unless we're served a subpoena, naturally).

ListWorker.com may collect various types of personal information directly from you and from third parties such as clients, prospective clients, former clients, and other advisors or contractors. We collect personal information when you, your organization, or a third party that holds your personal information retains us to provide services; when you, your company, or a third party 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 personal information at any other event regardless of scope; or when you or your organization provides or offers services to us.

Examples of the personal information we collect: contact information (name, physical and mailing address, email address); financial data (bank account or credit card information for payment, accounts receivable or payable balance information); services information (business information necessary for us to perform requested services); user data and usage information collected by the website and service; marketing data (your preferences for marketing or marketing-automation material and professional information); and other screening or due-diligence information we are professionally required to collect when evaluating whether we can provide you services. ListWorker.com sometimes collects nonpublic personal information that you, your organization, or a third party provides to us 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 purposes such as: providing professional advice and other services for our clients; evaluating prospective clients in accordance with our professional obligations; managing our business relationships with clients and service providers; analyzing and improving the website, data provided, and our marketing services and communications; evaluating and interviewing future job applicants, service providers, or other third parties; complying with obligations such as conducting due diligence and other compliance work; responding to requests for information or subpoenas; and protecting and managing our business, including data-security analysis, assessing compliance, and defending our legal rights.

We use your personal data only when necessary to enter or perform an agreement with you or your company; 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 with the personal data of other people, you must ensure you are entitled to share that data with us and that we can collect, use, and disclose it without taking further action in a way consistent with this privacy policy. It is your responsibility to ensure that any data you share is legally permitted 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, online meetings, or 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 to help us improve our website and provide more relevant content. When you receive a marketing email from us, we may use cookies (installed by third-party software) to collect information 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 in 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 provide buttons to allow you to decline, register, accept, or cancel. Clicking any of these will generate a session cookie, and your choice will be recorded in our database to help us manage that action.

Sharing of 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 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 handle information about you with extreme care. It is our duty to restrict access to your personal information. To protect it, ListWorker.com maintains physical, electronic, and 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 where 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 that is consistent with our responsibilities and 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 retain the data until it is no longer necessary for the purposes for which it was collected, or until consent to hold the data is revoked by you, provided there is no other basis for us to hold the information.

Non-US law

In our activities outside the United States, and in those 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 the processing of personal information. ListWorker.com 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 necessary safeguards are applied to 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 of this document, please email support@listworker.com so we may address your inquiry or issue.

Updates

This terms-of-service 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 send notifications of policy changes — please check back from time to time to re-read our policies and confirm they fit within the scope of your business.

Questions about these terms?

We're happy to walk you through anything that isn't clear. Email support and we'll respond promptly.

Email support

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