Last Updated: October 26, 2020
- “Client(s)” means organizations that have entered into a Plan for the Prospect2 Platform and Services.
- “Authorized Users” means individuals who are authorized by Client to use the Platform and Services with varying levels of control and access specified by Client and who have been supplied user identifications and passwords by Client. Authorized Users may include the employees, consultants, contractors, agents, or other designees of Client, but shall not include any employee or agent of any L2 Interactive competitor. The number of Authorized Users permitted per Client is dependent upon which Plan the Client enrolls in with L2 Interactive.
- “Personal Information” means any information collected from Clients or Authorized Users that identifies an individual, such as (but not limited to) an individual’s name, email address, postal address, device-specific information and log information.
- “Account” means a Client’s password-protected access point to the Prospect2 Platform via web browser.
- “Plan” means a monthly subscription for the Prospect2 Platform and Service that varies in pricing and deliverables depending upon the Client’s Plan (Silver, Gold, Platinum) and active contact level (i.e. number of valid email address contacts that are subscribed to at least one List, which starts at 2,500 contacts and can be as high as 1 million + contacts).
- “Platform” means the Prospect2 “Platform as a Service” (defined herein) that enables the option of marketing automation integrated with Tessitura.
- “Services” means access to the Platform and services, via a Client account, that are ordered by and paid for by Client under a Plan and made available by L2 Interactive, including user guides, documentation, help/training materials, and support provided by L2 Interactive, but expressly excluding any “Third-Party Supported Platform(s)” (as defined herein).
- “Third-Party Supported Platform(s)” means the third-party tools that may integrated with the Prospect2 Platform and Services, which include, but are not limited to, Tessitura, WordPress, DropBox, SurveyMonkey, Facebook, Twitter, YouTube, Vimeo, and other integrations as described on the Prospect2 website at www.prospect2.com/ and through the ActiveCampaign website at https://www.activecampaign.com/apps/. Note that these Third-Party Supported Platforms are subject to change at any time, with or without notice..
- “You / “Your” / “You’re” means Clients and Authorized Users.
- “California Consumer Privacy Act (‘CCPA’)” means the California statute intended to enhance privacy rights and consumer protection for residents of California, United States.
- “General Data Protection Regulation (‘GDPR’)” means the European Union (“EU”) law on data protection and privacy applicable to individuals within the EU.
- Value-Added Reseller. L2 Interactive has partnered with ActiveCampaign (https://www.activecampaign.com/) as a value-added reseller to provide the Prospect2 Platform. L2 Interactive is considered a value-added reseller of ActiveCampaign, meaning that the Prospect2 Platform and Services are built on ActiveCampaign with added features and functionality, and then branded as Prospect2.
- About. Tessitura (https://www.tessituranetwork.com/) is a customer relationship management (“CRM”) database that holds the contact information and transaction history of people who have purchased from a Client.
- Integration. The Prospect2 Platform serves as an integration that links Tessitura and ActiveCampaign to facilitate marketing Automations.
- Tessitura License. Clients understand and agree that they must have an active account and license with Tessitura. However, in some circumstances, Clients may still be permitted to use the Prospect2 Platform and Services without having a license to Tessitura.
Collection of Personal Information
Personal Information You Provide to Us
We collect Personal Information that Clients provide directly to us. For example, we collect Personal Information when you sign up for a Plan; create an Account; participate in any interactive features of the Prospect 2 Platform and Services; fill out a form; interact with a message board; apply for a job; request customer support, or otherwise communicate with us. The types of Personal Information we may collect from Clients and Authorized Users include:
- First and last name;
- Company or organization name;
- Email address;
- Postal address;
- Phone number; and
- Any other information you choose to provide.
When we say “Personal Information” we mean any information that identifies an individual, such as (but not limited to) an individual’s name, email address, postal address, device-specific information and log information (as described below). Any information that does not, on its own, identify an individual person is considered and treated as non-personal information. When non-personal information is combined with other information so that it does or can be used to identify an individual, this information is treated as Personal Information.
Personal Information Collected About Your Use of the Prospect2 Platform and Services
We collect some Personal Information about your use of the Prospect2 Platform and Services, such as the ways in which you use our platform, the way you respond to us when we send you emails or communications or your preferences when you interact with our Services.
Personal Information We Collect Automatically When You Use the Prospect2 Platform and Services
When Clients and Authorized Users access or use the Prospect2 Platform and Services, we automatically collect Personal Information about you, including:
- Log Information: We log information about your use of the Prospect2 Platform and Services, including the type of browser you use, access times, pages viewed, your IP address, your general location, and the page you visited before navigating to our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Prospect2 Platform and Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Prospect2 Platform and Services and your experience, see which areas and features of our Prospect2 Platform and Services are popular, and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
Integrations with Other Third-Party Supported Platforms
You may have the option of integrating our Prospect2 Platform and Services with other Third-Party Supported Platforms. These Third-Party Supported Platforms may require you to input Personal Information or access or use Personal Information. These integrations may (i) check for updates automatically and transmit your Personal Information to their server and/or engine; (ii) send Personal Information entered into or accessed by the technology to its server and/or engine; and (iii) be visible to the public if embedded on publicly available webpages (such as social networking webpages), depending on the policies of that website.
Personal Information We Collect From Other Sources
We may also obtain Personal Information from other sources and combine that with information we collect through our Services. For example, we may collect Personal Information about you from third parties, including but not limited to social media sites, identity verification services, credit bureaus, mailing list providers and publicly available sources.
Use of Personal Information
We use the Personal Information we collect to provide, maintain and improve our Prospect2 Platform and Services, such as to administer your Account and to provide you with insights to help you optimize your use of our Platform and Services.
We may use Personal Information about you for various purposes, including to:
- Provide, maintain, customize and improve our Platform and Services;
- Provide and deliver the products and services you request, process transactions and send you transaction-related information, including confirmations and invoices,
- Send you technical notices, updates, security alerts and support and administrative messages;
- Respond to your comments, questions and requests and provide customer service;
- Communicate with you about products, services, offers, promotions, rewards and events offered by L2 Interactive and others, and provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with our Platform and Services;
- Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of L2 Interactive and others;
- Personalize and improve the Platform and Services and provide advertisements, content or features that match user profiles or interests;
- Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards
Sharing of Personal Information
We often need to engage third-party companies, Third-Party Supported Platforms, and individuals (such as payment processors, research companies and analytics and security providers) to help us operate and provide the Services. These third parties have only limited access to your Personal Information, may use your Personal Information only to perform these tasks on our behalf and are obligated to us not to disclose or use your Personal Information for other purposes.
L2 Interactive may share your Personal information with the following third-parties:
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
- If we believe your actions are inconsistent with the spirit or language of our Terms of Service or policies, or to protect the rights, property and safety of L2 Interactive or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
- Between and among L2 Interactive and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
- With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. For example, we may share a hashed version of your email address to facilitate customized ad campaigns on other services or platforms.
No Liability for Third-Party Services and Third-Party Links
You may have the option of integrating Prospect2 with other services, technologies or Third-Party Supported Platforms (collectively, the “Third-Party Services”). The Third-Party Services affiliated with L2 Interactive have their own independent privacy policies governing the use of your Personal Information pursuant to the GDPR and CCPA and we encourage you to read those privacy policies carefully. You understand that even if L2 Interactive deletes your Personal Information that it may still be available in a Third-Party Services or other third-parties database. L2 Interactive has no responsibility or liability for the Personal Information collection, use, or storage activities of the third-party services providers used by L2 Interactive to provide you with the services associated with Prospect2.
L2 Interactive may include or offer third-party products or services on Prospect2 and provide third-party links to the same. These third-party websites have separate and independent privacy policies. L2 Interactive has no responsibility or liability for the content and activities of such third parties or their websites. We encourage you to read carefully the privacy policies of all such third-party websites. We seek to protect the integrity of Prospect2 and therefore welcome any feedback about any such third-party websites.
Retaining Your Personal Information
Transfer of Personal Information to the U.S. or Other Countries
In order to provide you with the Services you subscribe to or that you request from us, your Personal Information will be transferred to the United States as that is where L2 Interactive is based. In some cases, your Personal Information may be transferred to or accessed from other countries outside the United States, including when you consent and allow us to do so, where it is required in order for us to provide Services to you and when we need to do so to provide functions like product support, troubleshooting and gaining insights into the usage patterns of our Services. When your Personal Information is transferred to the United States and other countries, you may not have the same rights and protections as you do under local law. Any international transfers of your Personal Information will be done in accordance with applicable law.
EU-US and Swiss-US Privacy Shields
We remain responsible and liable under the Privacy Shield for any Personal Information that we share with third parties for external processing on our behalf, as described in the “Sharing of Personal Information” section above, unless we prove we are not responsible for the event giving rise to the damage. If you have an inquiry regarding our adherence to the Privacy Shield, we encourage you to contact us at email@example.com. We are subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission (“FTC”). You may also refer your arbitration complaint free-of-charge to JAMS using this link: https://www.jamsadr.com/eu-us-privacy-shield, our designated Privacy Shield dispute resolution provider. In certain circumstances, the Privacy Shield provides the right to invoke binding arbitration to resolve complaints (see Annex I to the Privacy Shield Principles for more details).
General Data Protection Regulation (“GDPR”)
If you are a resident of the European Union (“EU”) and/or European Economic Area (“EEA”), you have certain rights and protections under the GDPR regarding the processing of your Personal Information. Accordingly, L2 Interactive recognizes and will comply with the GDPR and those rights, except as limited by applicable law.
Lawful Basis for Processing Personal Information under the GDPR
We primarily rely on three lawful bases to process your Personal Information:
- First, it is necessary for us to process your Personal Information in certain ways in order to provide the Prospect2 Platform and Services to you, in accordance with a contract between you and us, namely, our Terms of Service.
- Second, where you have given us valid consent to use your Personal Information in certain ways, we will rely on your consent. This includes situations where we will obtain your consent prior to sending you information about our products and the Prospect2 Platform and Services.
- Third, in certain cases we may process your Personal Information where necessary to further L2 Interactive’s legitimate interests, where those legitimate interests are not overridden by your rights or interests. This includes usage statistics, analytics and internal analysis we run to better understand how to use our Platform so that we can improve our Services and also provide you with better recommendations on how to get the most out of our Platform and to accomplish your goals.
GDPR Data Subject Rights
- Right of Access: This includes the right to obtain from us your Personal Information and whether it is being processed, along with the purposes of the processing; categories of Personal Information concerned; recipients to whom your Personal Information has been disclosed; the period for which your Personal Information is being stored; and the right to lodge a complaint.
- Right of Rectification: This includes the right to correct inaccurate Personal Information collected and/or stored by us.
- Right of Erasure (“Right to be Forgotten”): This includes the right to have your Personal Information deleted. However, if applicable law requires us to comply with your request to delete information, fulfilment of your request may prevent you from using our services and may result in closing your account.
- Right to Restriction of Processing: This includes the right to request restriction of how and why your Personal Data is used or processed by us.
- Right to Data Portability: This includes the right to receive your Personal Data in a structure, readable format and the right to have your Personal Data transferred.
- Right to Object: This includes the right to object to us processing your Personal Data for reasons such as direct marketing purposes and for scientific or historical research or statistical purposes.
- Right to not be Subject to Automated Decision-Making: This includes the right to not be subject to a decision based solely on automated processing, including profiling, that could have a legal, or similarly significant, effect on you from being made solely based on automated processes.
If you submitted Personal Information directly to us or in accordance with the provision of our Services and you would like to view, change, limit or delete your Personal Information, you can do so via your Account settings or by contacting us. Upon request, we will notify you about whether we hold any of your Personal Information. By visiting your account settings, you can access, correct, change and delete certain of your Personal Information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your Personal Information. In certain circumstances, you also have the right to object to the processing of your Personal Information, to request the deletion of your Personal Information and to obtain a copy of your Personal Information in machine-readable format.
If you need assistance accessing or modifying your Personal Information or wish to delete your Personal Information, please email us at firstname.lastname@example.org.
You have the right to withdraw your consent to our processing of your Personal Information and your use of the Services. You can do this at any time by cancelling your Account through your Account settings and then emailing email@example.com to request that your Personal Information be deleted.
Questions or Complaints
If you are an EEA/EU User to whom the GDPR applies and have a concern about our processing of your Personal Information that we are not able to resolve, you have the right to lodge a complaint with the data protection authority where you reside. For contact details of your local Data Protection Authority, please see here.
California Users’ Rights
Under the CCPA, California Users have the following rights:
- Right to Know About Personal Information Collected, Disclosed, or Sold: You have the right to request that L2 Interactive disclose what Personal Information of yours it collects, uses, discloses, and sells over the past 12 months.
- Right to Have Personal Information Deleted: You have the right to request that L2 Interactive delete any of your Personal Information that we collected from you.
- Right to Opt-Out of the Sale of Personal Information: L2 Interactive does not sell Personal Information.
- Right to Non-Discrimination: L2 Interactive shall not discriminate against California Users for exercising their rights under the CCPA.
To exercise your rights under the CCPA, you may submit a request to L2 Interactive by contacting L2Interactive at firstname.lastname@example.org.
Under California’s “Shine the Light Law,” California residents have the right to receive information that identifies any third-party companies or individuals that L2 has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting L2 Interactive at the address below.
Your Personal Information Choices
You may update, correct or delete information about you at any time by logging into your online account or emailing us at email@example.com. If you wish to cancel or temporarily pause your account, please email us at firstname.lastname@example.org, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
The table below sets out how we use different categories of cookies and similar technologies, as well as information on your options for managing the settings for the data collection by these technologies:
|Type of Cookie||Description||Managing Settings|
|Required Cookies (Strictly Necessary)||Required – or strictly necessary – cookies enable you to navigate Prospect2 and use its features.||Prospect2 has required cookies in order to operate. These cookies are essential to operate Prospect2 and therefore no option to opt out of these cookies exists that would still allow you to use Prospect2.|
|Functional Cookies (Non-Strictly Necessary)||Functional – or non-strictly necessary cookies – allow us to remember information you have entered or choices you make, and provide enhanced, more personal features.
We use Google Analytics to help us analyze how our Website is used, including the number of visitors, where Prospect2 visitors have come from, and the pages they visit. This information is used by us to improve our Website.
|To manage the use of functional cookies on Prospect2, please consult your individual browser settings for cookies. Note that opting out may impact the functionality you receive when using our Website.
To learn more about safeguarding your data for websites using Google Analytics, visit here. To opt out of our data collection by Google Analytics, you can download and install a Google Analytics opt-out browser add-on here.
To learn more about how Google Analytics Cookie Usage on Website visit here.
You can also adjust your individual browser settings relating to cookies by visiting these pages:
For other browsers not listed, please consult the documentation that your browser manufacturer provides.
|Targeting or Advertising Cookies (Non-Strictly Necessary)||We use Google Webmaster Tools and Google Analytics to log when users view specific pages or take specific actions on or getting to Prospect2. Google Analytics specifically allows us to provide targeted advertising in the future.
We may also use Google AdWords as a tool to acquire relevant new clients who are looking for our service and Google AdSense to show our clients other relevant advertising that may assist them while they are using our site.
You may opt out of receiving promotional emails from L2 Interactive by following the instructions in those emails or by clicking the “unsubscribe” link at the bottom of any of our emails. If you opt out, we may still send you non-promotional emails, such as those about your Account or our ongoing business relations.
Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Lynch, Incorporated d/b/a L2 Interactive
792 West Bartlett Rd.
Bartlett, Illinois 60103