Last revised:  May 13, 2013 

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Listen360 respects your privacy and we appreciate your interest in our organization. Listen360, Inc. is referred to in this policy as “Listen360,” “we,” “our” and “us.”

This policy applies to our collection, use and disclosure of information that we collect (i) from respondents (as further described below) via email and web submission forms about certain interactions that the respondent has had with our clients (as further described below), (ii) from our clients in connection with the services that we provide to them; and (iii) through our web submission form on our “Contact Us” page on our Listen360.com website from persons who voluntarily submit their contact information to us.

In this policy, we refer to the following terms:  “client” as a business with whom we have an established business relationship for the use of our customer feedback system and services to solicit, collect and report voluntary feedback provided to us with respect to our client; “respondent” as a person who voluntarily provides us feedback regarding our client; “Listen360 Services” as our services to solicit, collect and report respondent feedback to our clients; and “Digital Properties” as our Listen360.com website and those other websites from which we provide the Listen360 Services.

If you are located in the European Economic Area, we comply with applicable legal requirements providing adequate protection for the transfer of personal information to countries outside of the European Economic Area.  Listen360 is certified under the Safe Harbor privacy framework as set forth by the U.S. Department of Commerce and European Commission regarding the collection, storage, use, transfer and other processing of personal data transferred from the European Economic Area to the U.S.  Our Safe Harbor Privacy Policy applicable to personal information that we collect from within the European Economic Area that is transferred to countries outside the European Economic Area is located at http://www.listen360.com/safeharbor.


Terms of Use and Terms of Service

The use of the publicly available portions of our Digital Properties are subject to our Terms of Use posted on our Listen360.com website.  The access and use of our customer feedback management system is subject to our Terms of Service that we enter into with each of our clients.


Information that Listen360 Collects / Use of Collected Information

Listen360 is not in the business of selling or otherwise distributing personal information.  Listen360 only shares information with third parties, such as our clients, as described in this policy or as described at the time the information is collected.  For example, Listen360 may, at the request of a client, ask for a respondent’s contact information so a client can follow up with the respondent about their feedback regarding that client.  We only collect personal information that is either voluntarily provided to us by the person who the personal information relates to (in the case of the Feedback Information and Prospect Information described below) or that is provided to us by our client (in the case of the Potential Respondent Contact Information described below).

The following is a description of the information that we collect (collectively referred to in this policy as the “Collected Information”) and how we use the Collected Information.

  • If you are a client, we collect: (a) the name, business address, business phone and fax number, email address and other similar information for the contact person(s) who you designate as the contact for billing and other purposes for your account with us (“Account Information”), and (b) information that you voluntarily provide to us with respect to the persons who have had an experience interacting with your business and to whom you direct us to solicit feedback regarding the person’s sentiment with respect to that interaction (generally, unless you direct us otherwise, this information comprises only the email address of the person to whom you want us to solicit feedback) (“Potential Respondent Contact Information”).  We use Account Information and Potential Respondent Contact Information solely in connection with our performance of services for the client for whom the information was collected.  We will modify or delete any personal information in Account Information or Potential Respondent Contact Information provided to us promptly after our client’s request to do so but in no event more than 30 business days after the client’s request.
  • If you are a respondent, we collect your feedback regarding your sentiment with respect to the experience you had interacting with our client (“Feedback Information”).  We use and disclose Feedback Information only to our client with respect to whom the Feedback Information relates in connection with us performing services for our client.  Additionally, at the direction of our client to whom the Feedback Information relates, we may publicly disclose your Feedback Information in any form of media without identifying you as the author of the Feedback Information other than the initials of your first and last name.  Please see the section below entitled “Feedback Information in Social Media Feeds and Sites” regarding additional ways that we may disclose Feedback Information.
  • We collect contact information voluntarily provided to us (for example, through our “Contact Us” page on our Listen360.com website) by individuals who express an interest in using the Listen360 Services for their business (the “Prospect Information”).
  • If you visit any of our Digital Properties, we employ various tracking technologies, such as cookies, web beacons and analytics software, that help us perform the Listen360 Services and better manage content on our Digital Properties (the “Digital Property Usage Information”).  We use the Digital Property Usage Information to (i) measure the number of visits, average time spent, page views, and other statistics to monitor how the Digital Properties are being used in general, (ii) monitor the performance of the Digital Properties, and (iii) make the Digital Properties easier and more convenient to use.   Please see the following section for a more comprehensive explanation of how collect and use Digital Property Usage Information.


Digital Property Usage Information

Cookies – When you visit our Digital Properties we send one or more “cookies” to your computer or other devices.  Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience.  Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third party websites.  Some features on this site will not function if you do not allow cookies.  We may link the information we store in cookies to any Collected Information you voluntarily submit while on any of our Digital Properties.  We use both session ID cookies and persistent cookies.  A session ID cookie expires when you close your browser.  A persistent cookie remains on your hard drive for an extended period of time.  Persistent cookies enable us to track and target the interest of our users to enhance the experience on our Digital Properties.  You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.  Functional cookies, persistent and session type, store information to enable core site functionality, such as Live Chat and Client ID remembrance.  Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site and our marketing campaigns.  If you reject cookies, you may still use the Digital Property pertaining to the deleted cookie, but some features on that site will not function properly.


Web Beacons
- We use Web Beacons alone or in conjunction with cookies to compile information about our Digital Properties.  A Web Beacon is a tiny graphic object that is embedded in a web page or email and is usually invisible to the user but allows checking that a user has viewed the page or email.  Web Beacons may be used within the Digital Properties to track email open rates, web page visits or form submissions.  In some cases, we tie the information gathered by Web Beacons to the Collected Information.  For example, we use clear gifs in our HTML-based emails to let us know which emails to potential respondents have been opened.  This allows us to gauge the effectiveness of certain communications and the effectiveness of our services.


Third Party Tracking Technologies
- The use of cookies and web beacons by any tracking utility company or third party service provider is not covered by this policy. We do not have access or control over these cookies and web beacons.


Analytics Software
- We and our third party tracking-utility partners use log files on our Digital Properties to gather certain information automatically and store it for analytical purposes. 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 to track and aggregate non-personally identifiable information to analyze trends, administer our Digital Properties, track users’ movements around our Digital Properties and to gather demographic information about our user base in the aggregate.


Social Media Features and Widgets

Our Digital Properties include social media features, such as the Facebook Like button and widgets, such as the Share this button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly.  Social Media Features and Widgets are either hosted by a third party or hosted directly on our Digital Properties.  Your interactions with these Features are governed by the policy of the company providing it.


Feedback Information in Social Media Feeds and Sites

At the direction of our client, we post all or a portion of the Feedback Information from a respondent in client designated social media feeds and sites.  We do not include Feedback Information regarding our client in any social media feed or site unless directed to do so by our client.  If the respondent voluntarily includes personally identifiable information in their feedback regarding our client, then such personally identifiable information will be publicly available in the client designated social media feed or site.  In a similar manner, we may from time to time post our client’s feedback regarding our services to them in our social media feeds and sites.  If you are a respondent and you do not want your personally identifiable information to be disclosed in a social media feed or site, then you should not voluntarily provide that information in your feedback that you submit to us.


Agents and Service Providers

We sometimes contract with other companies and individuals to perform functions or services on our behalf.  They may have access to Collected Information that is needed to perform their functions but are restricted from using the Collected Information for purposes other than providing services for us or to us.


Legal Disclosure

We reserve the right to disclose the Collected Information upon the following circumstances:

(i)        as required by law, such as to comply with a subpoena, or similar legal process;

(ii)       when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; or

(iii)      to any other third party with your prior consent to do so.

If Listen360 is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Listen360.com website of such change in ownership or uses of your Collected Information, as well as any choices you may have regarding your personal information.


Access to Data Controlled by our Clients

Listen360 has no direct relationship with the respondents whose Feedback Information and Potential Respondent Contact Information we collect and process.  A respondent who seeks access, or who seeks to correct, amend, or delete inaccurate Feedback Information or Potential Respondent Contact Information pertaining to him or her should direct his or her query to our client on whose behalf we collected the Feedback Information or our client who provided the Potential Respondent Contact Information to us.  If our client requests Listen360 to remove a respondent’s Feedback Information from our customer management system or modify or delete the Potential Respondent Contact Information, we will respond to our client’s request within 30 business days.


Data Retention

We will retain the Collected Information that we process on behalf of our client as needed to provide our services to the client.  We will retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.


Security

The security of personal information is a high priority at Listen360.  We maintain our Digital Properties and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification and improper disclosure.  No computer system or information can ever be fully protected against every possible hazard.  Listen360 is committed to providing reasonable and appropriate security controls to protect our Digital Properties and the Collected Information against foreseeable hazards.  If you have any questions about security on any of our Digital Properties, you can contact us at privacy@listen360.com.


Changes to this Policy

We reserve the right to change this policy from time to time.  You can determine when this policy was last revised by referring to the “LAST REVISED” legend at the top of this policy.  Any changes to our policy will become effective upon our posting of the revised policy on the page located at the “Privacy Policy” link on the main page of our Listen360.com website.


Third Party Sites

This policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which any of our Digital Properties contain a link. The inclusion of a site link on a Digital Property does not imply endorsement of the linked site by us or by our affiliates.


Contact Us

If you have any questions regarding this policy you can contact us via email at privacy@listen360.com or via postal mail at:

Listen360, Inc.
Attn: Chief Technology Officer
3655 Brookside Parkway, Suite 550
Alpharetta, GA 30022