This policy explains our privacy practices for www.Listandscale.com (the “Website”). The terms “we”, “us”, “our”, “https://Listandscale/,” and “List and scale” refers to List and scale . We’ll refer to the Website, and our other services as the “Services.” This policy does not apply to the practices of third parties (including other members who sell using the Services or API users) who may also collect or receive data in connection with your use of the Services.
Our Privacy Policy
We process your personal information to run our business and provide our users with the Services. By accepting our Terms of Service (and in some jurisdictions, by acknowledging this policy), you confirm that you have read and understand this policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our members or third-party websites and apps. List and scale’s Terms of Service require all account owners to be at least 18 years of age. Minors under 18 years of age are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account. We do not knowingly “sell,” as that term is defined under applicable law, including the California Consumer Privacy Act, the personal information of minors. By using the Services, you acknowledge that List and scale will use your information in the United States and any other country where List and scale operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described in the “Transfers” Section of this policy.
Information Collected or Received
In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide List and scale services you may interact with, and from our third-party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. List and scale uses the personal information it receives and collects in accordance with the purposes described in this policy.
Registration, Account Setup, Service Usage: In order to use the Services, you will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, will be necessary in order for us to provide the Services. We may store credit card information and other information provided to us for billing and payment purposes, and to process your transaction. Members in certain countries can elect to save their credit card information for future purchases. In order to use certain services on this Website you may be required to complete an application; information that you submit through the application process will not be displayed publicly and will only be used internally by List and scale and its service providers, unless otherwise specified.
Profile You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. We may collect and use information about you in order to feature you in marketing and advocacy materials, and to feature you and your profile on and off the platform, as provided for in List and scale Terms of Service or as otherwise legally required. From time to time, we may also ask you about certain demographic information, such as your race, ethnicity, sexual orientation, or gender identity, in relation to specific marketing and advocacy projects and campaigns. Providing this demographic information is entirely voluntary and at the time we ask we will also seek your consent to use it.
Automated Information List and scale automatically receives and records information from your browser or your mobile device when you visit the Website or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.
We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see the “Information Uses, Sharing, & Disclosure” Section below.
Data from Advertising and Marketing Partners: As described below, List and scale receives information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to List and scale comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us.
Location Information: We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device).
We obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We will only share your geolocation details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services.
Analytics Information: We use data analytics software to ensure Website functionality and to improve the Services. This software records information such as aggregated usage, performance data, and software errors and debugging information. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.
Non-Member Information: List and scale receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered List and scale member (a “non-member”) in connection with certain List and scale features, such as when a non-member chooses to subscribe to an List and scale newsletter, a member invites a non-member to visit the Website, a member uploads non-member information using the contact uploader feature, or a non-member engages in a transaction. Non-member information is used only for the purposes disclosed when it was submitted to List and scale, for purposes necessary to the functioning of List and scale ’s Services or where List and scale has a legitimate interest, as disclosed in the “Information Uses, Sharing, & Disclosure” Section below, or to facilitate action authorized by a member or the non-member.
Information Uses, Sharing, & Disclosure
We respect your privacy. List and scale will not disclose your name, email address, or other personal information to third parties without your consent, except as specified in this policy. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-Website.
Legal Bases: When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
Necessary to perform the contractual obligations in our Terms of Service and in order to provide the Services to you;
You have consented to the processing, which you can revoke at any time; ;
Necessary to comply with a legal or regulatory obligation, a court order, or to exercise or defend any impending or asserted legal claims;
Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners (described in more detail below);
You have expressly made the information public;
Necessary in the public interest, such as to prevent crime; and
Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).
We principally rely on consent (which can be withdrawn at anytime) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
List and scale may also use first party data (e.g. your browsing patterns on our Website), and may combine it with other data collected from you or received from our advertising and marketing partners, such as your location, or publicly available information, to permit us to create targeted audiences based on your known or inferred demographic and/or interests to provide you with more relevant and useful advertising on our Website (including personalizing and tailoring our Services to you) or in our direct marketing channels (like email).
Our Legitimate Interests
Where we process your information on the basis of legitimate interests, we do so as follows:
Providing and Improving our Services: We use your information to improve and customize our Services, including sharing your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services.
Providing Marketing Communications: We rely on our legitimate interest to send you marketing messages (where permitted independent of consent) and for List and scale’s advertising programs (including List and scale’s on-Website advertising and marketing).
Keeping our Services Safe and Secure: We use your information for safety and security purposes, which can include sharing your information for such purposes, and we do so because it is necessary to pursue our legitimate interests or those of a third party in ensuring the security of our Services, preventing harm to individuals or property, or crime, enforcing or defending legal rights, or preventing damage to List and scales systems, or those of our users or our partners. This includes enhancing protection of our community against spam, harassment, intellectual property infringement, crime, fraud and security risks of all kinds. We use your information to provide and improve the Services for identification and authentication, and for general research and aggregate reporting.
Legal and Safety: List and scale may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against impending or asserted legal claims, including to collect a debt, or a material violation of our policies (including our Intellectual Property Policy); to comply with a subpoena, court order, legal process, regulation, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property, or violations of List and scale’s Terms of Service. For example, if permitted due to the forgoing circumstances, your information may be shared with tax authorities or other governmental agencies. In the cases set out above, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims or to facilitate the collection of taxes and prevention of tax fraud. It may also be necessary in the public interest (such as to prevent crime or fraud) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).
If List and scale receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, List and scale may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details. Find out more about how List and scale responds to requests for records or information about members of List and scale’s community in our Requests for Information Policy.
Affiliated Businesses: List and scale is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. List and scale also provides services or sells products jointly with affiliated businesses, including providing you with the opportunity to sign up with such partners and allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Service. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. As part of this, we may work with advertising partners and we may use analytics aggregated from usage information.
Aggregated Information: List and scale may share demographic information with business partners, but unless otherwise stated, it will be aggregated and de-personalized so that personal information is not revealed.
Service Providers: List and scale also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to List and scale not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
Business Reorganization: In some cases, List and scale may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of List and scale’s assets), member information is typically one of the business assets that is transferred. If List and scale intends to transfer information about you, List and scale will notify you by email or by putting a prominent notice on the Website and the App, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.
Third Parties: Third-party plug-ins also collect information about your use of the Website. These third-party plugins or websites may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party website. In addition, certain cookies and other similar technologies on the Website are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Third-party technologies are subject to that third party’s privacy policy. For more information, see our Cookies & Similar Technologies Policy.
This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that List and scale does not own or control or individuals that List and scale does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While List and scale requires these third parties to follow List and scale’s privacy and security requirements, List and scale does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, List and scale is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these sellers, third party providers, and API users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.
Transfers
List and scale operates a global service. By using our Services, you understand that List and scale may share some of the information it gathers with other List and scale affiliates for purposes described in this privacy policy, including for ID verification, transaction reviews, and payment processing.
The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law.
Necessary for the Performance of the Contract between List and scale and its Members
List and scale provides a voluntary service; you can choose whether or not to use the Services. As we operate in countries worldwide and use technical infrastructure in the U.S. to deliver the Services to you, in accordance with the contract between us (our Terms of Service), we need to transfer your personal information to the U.S. and to other jurisdictions as necessary to provide the Services.
Security
List and scale follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example encryption is used for certain information (such as credit card numbers) using TLS (transport layer security). Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services.
Retention
List and scale will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your List and scale member account), or as needed to provide the Services to you. If you no longer want List and scale to use your information to provide the Services to you, you may close your account. List and scale will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, List and scale sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address and/or username (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for Website safety and security, to improve Website functionality, or we are legally obligated to retain them for longer time periods.
Your Rights & Choices
Certain privacy laws around the world, including the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), provide users with rights related to their personal information. Consistent with those laws, List and scale gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your List and scale account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request to permanently close your account and delete your personal information. Depending on your location, you may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases.
Right to Access & Portability: You can access certain personal information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.
Right to Correction: You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.
Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.
Right to Deletion: In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of List and scale.
Right to Object: If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings.
Right to Withdraw Consent: Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.
The CCPA provides California residents with the following additional rights:
Right to Know: California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.
Right to Opt Out of the “Sale” of Personal Information: List and scale does not “sell” personal information as that term is traditionally understood; however, our use of third-party tracking technologies for interest-based advertising may be considered a “sale” of personal data under California law. You can opt out of being tracked by these third parties by clicking the “Privacy / Do not sell my personal info” link at the footer of our homepage or through your account privacy settings. You can also opt out by broadcasting the Global Privacy Control signal from a supported browser. We do not knowingly “sell” the personal information of consumers under 16 years of age.
Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact List and scale through one of the channels listed below under “Contact”. We will respond to your request within a reasonable timeframe.
Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.
You can find information about consumer requests we received and processed under the CCPA, GDPR, and similar laws, during the previous calendar year here.
Email & Messages: You may also control the receipt of certain types of communications from List and scale in your account settings. List and scale may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings, and you can learn more in the “Messages from List and scale” Section of this policy. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.
Cookies: We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies.
Additional Disclosures for California Residents
Notice of Collection: In addition to the Rights & Choices described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is provided in greater detail in the “Information Collected or Received Section above, the categories of personal information that we have collected – as described by the CCPA – are:
Identifiers, including name, email address, shop name, IP address, and an ID or number assigned to your account.
Other individual records such as phone number, billing address, or credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here.
Demographics, such as your age or gender, or, where you have provided such information to List and scale voluntarily, demographic information about your race, ethnicity, sexual orientation, or gender identity, provided in relation to specific marketing and advocacy projects and campaigns.This category includes data that may qualify as protected classifications under other California or federal laws.
Commercial information, including purchases and engagement with the Services.
Internet activity, including your interactions with our Services and what led you to our Services.
Sensory visual data, such as pictures posted on our Service.
Geolocation data provided through location enabled services such as WiFi and GPS.
Inferences, including information about your interests, preferences and favorites.
The Sources and Purposes for Our Collection: We collect these categories of personal information from the sources described above, and we use these categories of personal information for our business and commercial purposes as described in the “Information Uses, Sharing and Disclosure” section above, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase and sale transactions, and for advertising and marketing services.
Do Not Track Signals: Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what Website and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so in your state or country, we do not monitor or take action with respect to “Do Not Track” signals.
- Privacy Policy Changes
Do Not Track Signals: Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what Website and app operators should do wiWe may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates. th regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so in your state or country, we do not monitor or take action with respect to “Do Not Track” signals.
