Last Updated and Effective as of: 2021

Welcome to Listen First Media’s Privacy Policy. This Privacy Policy applies to the information collected on or through our website located at https://listenfirstmedia.com/ (the “Website”), as well as the information that we collect in connection with our proprietary social media analytics platform (the “Platform”) and other services we provide (collectively the foregoing are referred to herein as the “Service”).  The Services are owned and operated by Listen First Media LLC (“Company”, “we”, “our” or “us”). We have created this Privacy Policy in order to demonstrate our commitment to your privacy. 

INFORMATION COLLECTION, USAGE AND DISCLOSURES 

Types of Information Collected:

Personal Information: “Personal Information” is information that specifically identifies you. The types of Personal Information we collect about you depend on how you interact with us and are described in more detail below. Generally, the categories of Personal Information we collect include:

• Identity Data, which includes name or other similar identifiers, such as your social media user handle.
• Contact Data, which includes address, email address and telephone numbers.

• Marketing and Communications Data, which includes your preferences in receiving marketing from us.
• Profile Data, which includes your job title and company name.
• Login Credentials of authorized users of our Platform

Non-Personal Information: We may also collect certain other types of information that do not specifically identify you (“Non-Personal Information”), such as:

• Technical Data, which includes information collected via cookies and similar technologies (and identifiers associated with those cookies and technologies), internet protocol (IP) address, your internet service provider, browser type, operating system, language settings.
• Usage Data, which includes information about how you use our Services, your access times, pages viewed, the routes by which you access our Services, your use of hyperlinks within our Service.

While Non-Personal Information does not specifically identify you, please note that some types of Non-Personal Information may be unique to your device. We may collect, use and disclose Non-Personal Information for any purpose permitted by law and subject to this privacy policy.  Further, if we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information. 

Sources of Information:

We use different methods to collect data including as described below:

Direct interactions: You may give us your information when you interact with us directly. This includes information you provide when you:

• create an account on our Service;
• subscribe to our Service or publications;
• request marketing or other information to be sent to you;
• request a demo of our Services;

• request assistance with our Services
• contact us through our contact form; or
• give us feedback, participate in surveys, or requests for opinions.

Automated technologies or interactions: As you interact with our Website or our Platform, we may automatically collect Technical Data and Usage Data relating to your use. Some of the ways in which we collect are further described below:

• Cookies and other technologies:  Our Services use cookies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. The Services may use other similar technologies (including, without limitation, tracking pixels, web beacons and other similar technologies) to gather information about you, such as IP addresses and IP-geolocation data, to customize your visit, to enable us to enhance our service, or for other purposes. To stop, restrict or disable the placement of cookies, please see the “Opt Out” section below. We have included examples of the cookies, tags and trackers that we use on our Services below:

Name	Type	Description
Google Analytics	Persistent, first & third party	Used to collect information about how visitors use our site. We use the information to  compile reports and to help us improve the site. The cookies collect certain information, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.   Click here for more information on Google Analytics: https://support.google.com/analytics/answer/6004245
Facebook Pixel; Facebook Signal; Facebook Conversion Tracking	Persistent, first & third party	Pixel / Conversion Tracking – Conversion tracking system for ads on Facebook to our website. Signal – Surfaces relevant trends, photos, videos and posts from Facebook and Instagram for use in storytelling and reporting. Click here for more information about Facebook trackers: https://www.facebook.com/about/privacy
Mixpanel	Persistent, first & third party	Used to collect information about how paid services users use our product. We use the information to compile reports and to help us improve the product. The cookies collect certain information, including the number of users on the product, what features they are using, and duration used. Click here for more information about Mixpanel: https://mixpanel.com/legal/privacy-policy/
Fullstory	Persistent, first party	Used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect certain information, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. Click here for more information on Fullstory: https://www.fullstory.com/legal/privacy/

• Clickstream Data:  As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can tell us the type of device and browsing software you use and the address of the website from which you linked to the Website. We may collect and use clickstream data to anonymously determine how much time visitors spend on websites, how visitors navigate throughout websites, and how we may tailor our service to better meet consumer needs. This information will be used to improve our Website.

• Platform Usage Data: If you use our Platform, we collect usage data relating to your actions including the pages you accessed, your IP address, and the times at which you accessed the Platform. We may use analytic tools to help us understand how our customers use the Platform and may use the usage data that we collect to improve our Services.

Personal Information Collected From Other Sources:

• Publicly Available Social Media Data: Our Platform consists of social media analytics tools that, among other things, can be used by our customers to monitor, analyze, and aggregate publicly available information about their brands on social media (e.g., Facebook, Twitter and YouTube etc.). We collect such publicly available social media information, including your user handle, through our relationships with the social media platforms. We only make this data available to our customers, although please note that information that you make publicly available on a social media service can be seen and used by anyone. 
• Third-party social media Integrations: We may collect your name and email address when you interact with our Service using a social media integration (e.g., Facebook, Google), for example, to create an account on our Service. We may also enrich data from information provided by LinkedIn via a LinkedIn plug-in. The data provided through such social media integrations are controlled by the authorization procedures and privacy settings you establish with the applicable social media service.

Information Usage and Disclosure

Besides using your information ourselves, we may disclose and share your information to other companies, affiliates and third parties to help us process your information for the purposes set out in this policy. For example, we use and disclose your information, including your Personal Information, as described herein and below:

• To create customer accounts on our Platform;

• To provide our customers with our Services, including to enable them to use the Platform to gather insights about their brands using Publicly Available Social Media Content;
• To personalize your experience (your information helps us to better respond to your individual needs);
• To improve our Services (we continually strive to improve our website offerings based on the information and feedback we receive from you);
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
• To administer a contest, promotion, survey or other site feature;
• To respond to your inquiries;
• To send periodic emails.

We may also share your information with third parties such as website or cloud hosting providers, data analysis, e-mail delivery services, and other similar services.  We may contract with third-party service providers to assist us in better understanding our site visitors. These third parties may have access to your information necessary to perform their functions and provide services on our behalf.

We will not sell your Personal Information (i.e., information that specifically identifies you) to any third party not affiliated with us without your consent except as otherwise set forth in this Privacy Policy and in connection with the sale or merger of our Company or the division responsible for such services. 

Additionally, we may disclose your information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) for legitimate business interests.

Please note that if you specifically consent to additional uses of your information, we may use your Personal Information in a manner consistent with that consent. Finally, we reserve the right to supplement your information with information we gather from other sources which may include information we gather from online and offline sources.

Interest-based advertising:  We may work with third parties who collect information on our Service through the use of cookies and similar methods in order to serve you with relevant advertisements on other services or to determine that you have seen our advertisements on other services.  You do have the ability to control certain advertising practices.  We comply with the Self-Regulatory Principles for Online Behavioral Advertising as administered by the Digital Advertising Alliance (DAA).  You can learn more about interest-based advertising and opt-out of targeted advertising from certain providers with whom we work by visiting https://youradchoices.com/control and the DAA’s consumer choice page.  The opt-out process through the DAA relies upon the placement of an opt-out cookie on your device, and you must repeat this process on each device or if your cookies are purged from your device.  Cookie-based opt-outs are not effective on certain mobile services. Users may opt out of certain advertisements on mobile applications or reset advertising identifiers via their device settings.   

You may opt-out of being tracked online by certain companies who are listed at http://www.aboutads.info/choices/ OR http://www.networkadvertising.org/managing/opt_out.asp and may also learn more about online behavioral advertising at such websites. If you opt-out, you will still receive advertisements, but they will not be delivered to you by such companies from whom you have opted-out based upon your behavioral data possessed by the companies from whom you have opted-out. 

To learn how to limit ad tracking or to reset the advertising identifier on your iOS and Android device, click on the following links:  

iOS - https://support.apple.com/en-us/HT202074 

Android - https://support.google.com/ads/answer/2662922?hl=en 

You may also download and set your preferences on the DAA’s App Choices mobile application(s) available in Google Play or the Apple App stores.  More information about opting out on mobile devices is available here – https://www.networkadvertising.org/mobile-choice/   

We do not respond to or honor “do not track” (a/k/a DNT) signals or similar mechanisms automatically transmitted by web browsers for which we are cannot evaluate your choice. 

SECURITY: 

The security of your information is very important to us.  Your use of the Services demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect.  For example, we attempt to provide for the secure transmission of your information from your computer to our servers by utilizing encryption software. However, due to the inherent open nature of the Internet, we cannot guarantee the security of information on or transmitted via the Internet, including communications between you and us, or information stored on the Website or our servers. Only those employees who need access to your information in order to perform their duties are authorized to have access to your Personal Information.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contact section below.

DATA-RETENTION:

We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Service and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal or contractual obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregated data previously collected. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

OTHER WEBSITES AND SOCIAL NETWORKING SERVICES:

Our Website may contain links to other websites not maintained by us. Other websites may also reference or link to our Website.  The inclusion of a link on the Website does not imply endorsement of the linked site by us.  We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Website, or for the privacy practices of third party Internet advertising companies.  We encourage you to be aware when you leave our Website, or surf the Internet, and to read the privacy statements of each and every website that you visit.

The Website may integrate with social networking services.  You understand that we do not control such services and are not liable for the manner in which they operate.  While we may provide you with the ability to use such services in connection with our Website, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.

OPT-OUTS:

Communications: To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at contact@listenfirstmedia.com. We will process your request within a reasonable time after receipt.

Cookies: If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve Personal Information from your device without your knowledge.

EU, California and Nevada Residents: If you are located in the United Kingdom, European Union, or a resident of California or Nevada, please see “Jurisdiction Specific Notices and Rights” for additional rights you have under applicable law.

INFORMATION RELATING TO CHILDREN:

Our Services are intended for ages 18 and over. We do not knowingly collect Personal Information from children.  When we become aware that Personal Information (or other information that is protected under applicable law) from a child under 13 (or such other age as may be restricted under local law) has been collected, we will use all reasonable efforts to delete such information from our database.

CHANGES TO POLICY:

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of the Website following the posting of any changes to this policy means you accept such changes.

Contact:  For questions or concerns relating to this Privacy Policy or your information, we and our privacy manager can be contacted at:

381 Park Ave S, Suite 401

New York, NY 10016

privacy@listenfirstmedia.com 

JURISDICTION SPECIFIC NOTICES AND RIGHTS

California

California law provides California residents with specific rights regarding their personal information.  The California Consumer Privacy Act of 2018 (“CCPA”) defines “personal information” as information that identifies, relates to, describes, references, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This section describes the rights that California residents have with respect to such personal information and explains how to exercise those rights, subject in all cases to any limitations set forth in the CCPA. Please refer to the section entitled “Information Collection, Usage and Disclosures” above for more detail about the types of information collected, the purposes for which and sources from where we collect personal information, and the third parties with whom we share personal information.

California Specific Rights, Choices, and Opt-Outs: The CCPA provides California residents with specific rights regarding their personal information. The subsections that follow describe the rights that you have under CCPA if you are a California resident and explain how you can exercise those rights.

1. Right to Know About Personal Information Collected, Disclosed, or Sold. You have the right to request that we disclose certain information to you about our collection, use, disclosure, or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Right to Know or Delete), and subject to certain limitations describes below or set forth in the CCPA, we will disclose such information to you. You have the right to request any or all of the following:

• The categories of personal information we collected about you.
• The categories of sources from which the personal information is collected.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of personal information about you that we have sold or disclosed for a business purposes. 
• The categories of third parties to whom the information is sold or disclosed for a business purpose.
• The specific pieces of personal information we collected about you.

1. Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Right to Know or Delete), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.  However, we may retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.

1. Exercising Your Right to Know or Delete. To exercise your right to know or delete, please submit a request to us by either:

1. Emailing us at privacy@listenfirstmedia.com 

1. Submit a request through at the following page: [INSERT URL]

Only you, or a person or business entity registered with the California Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative of that person. For more information about verification, see Response Timing and Format immediately below.

1. Response Timing and Format.  We will confirm receipt of your verifiable consumer request within ten (10) days and endeavor to respond within forty-five (45) days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. The method used to verify your identity will depend on the type, sensitivity, and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the personal information that we already have.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply. 

1. Personal Information Sales Opt-Out and Opt-In Rights.  In the preceding twelve (12) months, we have made disclosures of certain personal information that may be considered a “sale” (as that term is defined in the CCPA) of certain personal information of California consumers. This may include publicly available social media data that we provide to our customers. Please note that we do not knowingly sell the personal information of minors under 16 years of age without affirmative authorization. 

You have the right to direct us to not sell your personal information at any time (the “right to opt-out”). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page: 

“Do Not Sell My Personal Information”

Alternatively, you may submit an opt-out (or an opt-in) request by emailing us at privacy@listenfirstmedia.com.

1. Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights.

Nevada

If you are a Nevada resident, you have the right to request that we do not sell (as defined by N.R.S. 603A) certain personal information that we have collected, or may collect, from you.  We do not “sell” your personal information as defined by N.R.S. 603A, however, if you would like to make such a request you may do so by contacting us at contact@listenfirstmedia.com. 

United Kingdom / European Union / European Economic Area

Data controller: Listen First Media LLC is the data controller of personal data collected through our Services. In some instances, we may act as a processor for data provided to us by our customers. 

To contact us, please see the section titled “Contact Us”.

Legal Basis:

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where you have consented to a certain use of your personal data.
• Where we need to comply with a legal or regulatory obligation.

To the extent permitted under applicable laws, we will also process, transfer, disclose and preserve personal data when we have a good faith belief that doing so is necessary.

Provision of personal data and failure to provide personal data:

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our Services). In this case, we may not be able to provide certain services to you.

Data Transfer:

We may transfer personal data from the UK/EU to the USA and other countries, some of which have not been determined by the UK or European Commission to have an adequate level of data protection. If we transfer personal data outside the UK/EU to a processor, such transfer will be in compliance with the requirements of the GDPR. Please contact us for more information about our data transfer methods.

Use of your personal data for marketing purposes:

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

• Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have not opted out of receiving that marketing.
• Third-party marketing: We will get your express opt-in consent before we share your personal data with any company outside our company for marketing purposes.

To see how you can opt out of marketing communications, please see the section titled “Opt-Out.”

Data Subject Rights:

If you are a situated in the UK/EU, under the General Data Protection Regulation (“GDPR”)or comparable law, as a data subject, you have the right to:

• Request access to your personal data (commonly known as a “data subject access request”).
• Request correction of the personal data that we hold about you.
• Request erasure of your personal data.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data in certain situations.
• Request the transfer of your personal data to you or to a third party in certain situations.
• Withdraw consent at any time where we are relying on consent to process your personal data.

If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. To exercise your rights under this section, please contact us at privacy@listenfirstmedia.com.