These general terms and conditions are part of the contract to which they are attached (the “Agreement”) and apply to your use of any marketing or email data or services provided by Dream Data Services Inc. or its affiliated companies (“Dream Data Services”), which data or services are referred to collectively as the “Data.”
1. General Terms
(a) The term “Dream Data Services Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by Dream Data Services, work product produced by Dream Data Services, and derivate works of any of the foregoing, including, without limitation, the website or websites made available to you by Dream Data Services, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which Dream Data Services may develop, use or rely upon in providing the Data to you.
(b) All Dream Data Services Property shall be and will remain the property of Dream Data Services.
(c) As between you and Dream Data Services, Dream Data Services shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights in and to the Dream Data Services Property and the Data.
2. Limited License.
Upon your execution of the Agreement and the payment of all amounts due Dream Data Services, you are granted a personal, nontransferable and nonexclusive license to use the Data solely for your direct marketing, market research and customer prospecting purposes, in strict accordance with the terms of the Agreement. If no usage period is selected, the license’s term shall be for a period of one (1) year. Company shall retain all right, title and interest in and to the Production/Services and all intellectual property contained therein. Upon expiration or termination of the Agreement, you shall discontinue use of the Data and, as requested by Dream Data Services, either (a) return the Data to Dream Data Services without retaining any copies thereof or any notes or other information thereon or (b) provide a certificate, executed by you, in form and substance satisfactory to Dream Data Services, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.
3. Limitations on Use.
(a) Unless specifically authorized in advance and in writing by Dream Data Services, you will not share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.
(b) You will not name or refer to Dream Data Services or your use of the Data in any of your advertisements or promotional or marketing materials.
(c) You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement.
4. Your Responsibilities; Use of Email Data; Review and Audit by Dream Data Services.
(a) Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation, do-not-call lists, the use of automatic dialing equipment, and all applicable guidelines of the Direct Marketing Association (“DMA”) and you shall be responsible for compliance in connection with your use of the Data. If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines.
(b) Your use of any email Data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act, and any State Registry laws.
(c) You acknowledge that certain Data may include names and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those relating to any such do-not-contact lists.
(d) Dream Data Services reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of Dream Data Services to review such use will not constitute acceptance of such use or waive any of Dream Data Services rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least 3 days’ notice, Dream Data Services may audit your records to determine whether you are in compliance with this Agreement and you will make available to Dream Data Services or its representatives all records necessary for the conduct of such an audit.
5. Disclaimer of Warranties; Limited Warranty.
THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. DREAM DATA SERVICES DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE DATA AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, DREAM DATA SERVICES DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE 14 DAYS FROM YOUR RECEIPT OF THE DATA TO INSPECT IT AND NOTIFY DREAM DATA SERVICES OF ANY PROBLEMS OR MISTAKES IN THE DATA AND IF YOU SO NOTIFY DREAM DATA SERVICES WITHIN THAT 14-DAY PERIOD, THE PROBLEM OR MISTAKE WILL BE CORRECTED AT NO ADDITIONAL CHARGE TO YOU.
6. Limitation of Liability.
Except as provided in the last sentence of Section 5, Dream Data Services will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by Dream Data Services to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether Dream Data Services was advised of the possibility of such damages. Dream Data Services maximum liability under the last sentence of Section 5 will not exceed the amount you paid Dream Data Services under the Agreement within the 12 months preceding the event which gave rise to Dream Data Services liability.
7. Your Indemnification of Dream Data Services.
You shall indemnify, defend and hold harmless Dream Data Services, its stockholders, directors, officers, employees, independent contractors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement or any violation of Laws.
8. Interruption of Service.
You acknowledge that, given the technical nature of resources Dream Data Services requires to provide the Data to you, temporary interruptions may occur in the provision of Data and that any such interruptions shall not result in Dream Data Services having any liability to you or others and shall not suspend or eliminate your payment obligations to Dream Data Services or provide you with any refund rights for amounts previously paid to Dream Data Services.
9. No Assignment by You.
You may not assign your rights or obligations under the Agreement to any other person or entity without the prior written consent of Dream Data Services, whether by operation of law or otherwise, and any attempt to do so shall be void.
10. Additional Remedy of Termination.
In addition to all other legal rights and remedies available to Dream Data Services for any apparent, threatened or actual breach or violation of the Agreement by you, Dream Data Services has the right to terminate the Agreement and demand immediate return or destruction of the Data at any time if Dream Data Services believes you are not complying in full with the Agreement.
11. Governing Law; Jurisdiction.
The Agreement shall be governed by and construed under the laws of the State of Nebraska, without regard for the principles of conflicts of law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in Douglas County, Nebraska and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.
12. Payment for Non-Invoiced Products.
(a) Payment: You agree to pay Dream Data Services a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Fees charged are nonrefundable. In the case of subscription products, the subscription term shall be effective for the agreed upon period, after which the subscription term shall automatically renew for the specified renewal period (if any) at the then current subscription price.
(b) Recurring Billing: Your acceptance of these terms constitutes your authorization to Dream Data Services to automatically charge the credit/debit card provided by you, and in the case of subscription products, to continue charging the credit/debit card at the agreed-upon intervals during the term of the subscription. You agree to provide Dream Data Services with complete and accurate billing and contact information and to update that information with thirty (30) days of any change to the billing information. Failure of the recurring payment process does not absolve your payment obligations.
(c) Interest Charges: There will be interest charges on any amounts which you fail to pay when due at the rate of 1.5% a month, or such lower rate as may be equal to the maximum rate allowed by applicable law, on the unpaid amount.
13. Entire Agreement; Amendment or Waiver.
The Agreement contains the entire understanding between you and Dream Data Services and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and Dream Data Services. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.
14. File Management Library
Certain services, including Infousa.com, may include a file management library allowing you to store and access certain marketing creative (e.g. your logos, email creative, images) and other documents (collectively, “Marketing Content”) for your internal use. Any such Marketing Content and art will remain your property; however, you give Dream Data Services permission to host, store, and to allow access to your users. You are solely responsible for ensuring that you have all necessary rights and license to the Marketing Content and to use that Marketing Content in connection with the services. Dream Data Services is not responsible for actions you take with respect to your Marketing Content. You agree to not upload Marketing Content that, or otherwise use the services, to: (i) violate the intellectual property rights of any third party; (ii) engage in or promote illegal activity; or (iii) distribute viruses, worms, or other malware or malicious software. We reserve the right to delete or disable content alleged to violate the foregoing; however, Dream Data Services has no obligation to monitor or review your Marketing Content. You acknowledge that any file management library is made available for your convenience and is not intended to be used as a data backup service or in connection with disaster recovery. You are responsible for maintaining independent copies of all Marketing Content, including backup copies. Marketing Content is subject to deletion upon termination.
15. Execution; Counterparts.
The Agreement may be executed in its original, by facsimile or in electronically transmitted portable document format and it may be executed in any number of counterparts, each of which shall be deemed an original of the same document.
2. Refund Request Policy
- If at any instance a Purchaser requests a monetary refund on their first purchase order with Dream Data Services, a full amount will be credited to the purchaser unless they were to receive the value of refund in replacement products.
- If there is a dispute with any product and the purchaser requests a refund, it must be relayed/communicated to any member of or team before next order is placed so that can be either fully replaced or refunded.
- Once a new order is placed, the Purchaser acknowledges that any previous order was satisfactory with product expectations.
1. Introduction to Dream Data Service’s Services
Dream Data Services and its various affiliates and subsidiaries provide to clients a wide variety of data management, distribution, analytic and marketing services, which help our clients and the platforms and partners they work with to provide more relevant marketing and communications, and to understand their consumers better. These clients may reach their customers and others, for instance, through direct mail, email, display, mobile and multi-media channels. Many of these services are described in greater detail on our website, https://dreamdataservices.com.
Dream Data Services is a member of the Direct Marketing Association (“DMA”), and we adhere to the principle that consumers should have choices regarding how marketers use their data and market to them.
2. The Types of Data That We Obtain and Use
Dream Data Services receives data from, and handles data on behalf of, a variety of consumer-facing companies, applications and services, business-facing companies, and data compilers and suppliers. We also may obtain data through public sources, such as census data and other public records. Some of the data we receive, use and make available is Personal Information (“PI”) or is linked to PI. PI includes, for instance, name, postal address, telephone number or email address. In addition, some of our services involve using and making available “business to business” data, which is obtained from a number of sources, including public directories, filings and publications, surveys and subscriptions.
3. Our Services, and How We Use Personal Information
We use and make available Personal Information for various purposes. For instance,
- We help marketers to deliver, target and optimize direct mail and email campaigns, display, mobile and social media marketing;
- We help marketers to measure the effectiveness of ad campaigns (online and offline), such as by determining which messages are most likely to be seen or opened by which types of consumers, or which types of ads are most likely to lead to purchases;
- We sometimes create sets of consumer attributes – categories of personal interests that are grouped together based on common interests or preferences (“Data Segments”). These Data Segments may be associated with a person, household, or when used online, a unique online identifier, such as enjoying sports, travel, living in a middle-class neighborhood, or being a member of a certain profession. Marketers may use these Data Segments to tailor more relevant ads and offers to groups of users, or to learn more about their own customers and improve their own databases.
- We provide other data services, such as (but not limited to) verification, record look-ups, anti-fraud services, B2B records and services, and other analytics and database tools.
Sometimes, we may use PI and Data Segments to help marketers and other data platforms perform “cross-channel” marketing – analyzing, locating and creating potential marketing “audiences” through multiple channels, e.g., web and mobile, or TV/radio.
The above is not necessarily an exclusive description of the ways we may employ PI and other data. (You may learn more about our products and services by reviewing descriptions of our services on our website.) Generally, however, by permitting marketers to reference PI and other data when they send offers to their customers and others, we do so to help increase the likelihood that marketers will send relevant and desired, rather than unwanted offers, content, coupons and ads.
4. Data Collected On Our Website
This website itself is primarily directed to businesses that may wish to use our services, but we welcome consumers who want to know more about our services. When you access this website or engage with us by email, we may collect the following information:
- Personal Information. When you provide us with information through our website, such as to request or download information, sign up for a newsletter, event or service, or log in to a service or application we provide, we may request and you may provide certain PI to us. We may use your PI for any business purpose, including to administer your account and provide you services, to send communications and administrative emails, to respond to your inquiries, and to send marketing and product update messages. We may also use it to analyze how customers are using our website or services.
- Non-Personal Information. Whether or not you sign up for an account or provide us with Personal Information, we may collect other information when you visit our website. This may include:
- The type of browser and operating system you have used to access the website, a time-stamp, and other browser or device information;
- Your IP address (which is a number automatically assigned to your computer when you access the Internet and can be used to derive your general geographic location);
- Your clickstream data and any URL referral information (such as any website or social media platform that referred you to our website);
- What part(s) of our website you visit, click and view, and how long you view it;
- A unique identifier, which we may associate with a cookie, device identifier or similar technology.
We may collect or store the above information by using cookies, web beacons, and similar technologies, and may target or retarget ads to you using those cookies, device identifiers, or similar technologies, when you browse the Internet or use your mobile device. We may combine any information including Personal Information you provide to us.
While we would be sorry to see you go, you can unsubscribe from our corporate emails by accessing the “opt out” or “unsubscribe” (or similar) link we provide in the footer of each email that we send. Keep in mind, however, that even if you delete your account, we may retain your Personal Information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our agreements and policies, and take other actions permitted by law. Note that even if you unsubscribe or opt-out, we may still send you communications related to your use of and transactions with our services.
5. How We Work With and Share Data With Third Parties
Dream Data Services may share data, including Personal Information and Data Segments, as follows:
- Partners: We may share data, including PI and Data Segments, with business and data partners (such as business partners who provide to marketers their own applications or data services) or with clients, to help provide more tailored advertising and for analytical purposes.
- Corporate transfers: If Dream Data Services or its significant assets are purchased by another entity, our data will likely be transferred to that entity, including for due diligence prior to any such potential purchase.
- Affiliates, Parents and Subsidiaries: We may share some or all of the data in our possession with affiliated or subsidiary companies.
- As Required by Law or to Protect Any Party: Dream Data Services may disclose data if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect or otherwise defend the rights, property or safety of Dream Data Services or any other party.
- Data We Collect on Our Website: We use data that you provide to us on our website to market, we may use this data for our business purposes. For instance, if you provide us with your name and email address, we may put your into our proprietary database and send you newsletters about our company, our services, and events. We will provide you a way to opt out of these emails, usually through a link in the email footer.
6. Cookies, Web Pixels, and Similar Technologies
This section provides more information about cookies and similar technologies that we and our business partners may use, and how they work.
- Cookies. Cookies are small text files that websites and other online services use to store information about users on users’ own computers. For instance, cookies can be used to store sign-in credentials so that you don’t have to enter them each time you return to a website, or to store other information to make web viewing more customized or efficient upon future visits. Cookies also may store a unique identifier tied to your computer so that web services and content and advertising networks can recognize you across visits to different websites. You can configure your internet browser to warn you each time a cookie is being sent or to refuse all or certain cookies completely. However, this may interfere with the functionality of your web browsing or your ability to fully use many websites.
- Pixels or web beacons. Pixels or web beacons may also communicate information from your Internet browser to a web server. Pixels can be embedded in web pages, videos, or emails, and can allow a web server to read certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the Web beacon, the IP address of your computer, and the URL of the web page from which the Web beacon was viewed.
We sometimes work with third parties to enhance our services (e.g. for purposes of retargeting and tailoring ads, or placing browser cookies). These partners may set and access their own cookies, pixel tags and similar technologies on your device, which may have cookies with varying expiration period. Those partners may, likewise, collect various types of anonymous or de-identified information about your browser, device, or browsing activities through use of these cookies.
We also may place cookies when you open an email that we send, in order to help understand how email recipients respond to email campaigns, or to learn more (or help our clients learn more) about those recipients.
When you visit our website, we (or a partner we work with) may place cookies to help us target or re-target marketing to you when you visit other websites or web or mobile applications – for instance, to tell you about our services, events and other information about our company.
7. Your Choices and Opt-Out Rights
- Opting Out of Dream Data Services’s Database. You may send an email to us, to opt out of Dream Data Services’s database. If you do so, please include the following information in your email: (a) first and last name, and (b) current address. We also recommend that you provide us with other addresses you have lived at in the past five years, which may help us to opt you out even if we have not yet acquired your current address information. If you decide to opt out in this way, we will stop using data in Dream Data Services’s proprietary database to help our customers send or tailor ads and content to you, including through email, direct mail or online display marketing. (It usually takes us between 30 to 60 days to process this opt out through all of our databases.) Doing so will not opt you out of our customers’ or our partners’ databases, only data in Dream Data Services’s own database – so other companies that we work with may still send ads, offers and content to you.
- Opting Out of Online Targeting. If you wish to opt out of other third party ad platforms and ad networks (including ones we work with and may have transferred data to in the past), we recommend visiting the opt-out pages offered by the Network Advertising Initiative and the DAA’s AboutAds program. Opting out through the above methods will cause one or more opt-out cookies to be set on your browser or device, to indicate that you have opted out. Opting out in this way won’t prevent you from seeing ads: but it will in many cases lead the companies listed to stop customizing ads based on inferences they have made about you or your interests. Note that opt-outs are browser-specific, so opting out on one browser will not affect a second browser or device that you use. For the same reason, if you buy a new device, change browsers or clear all cookies, you’ll need to perform this opt-out task again.
- Unsubscribing from Our Emails. In addition, when we send an email to you (whether on our behalf or on behalf of a client), we will provide a way for you to opt out of receiving emails from us in the future. Usually, this appears as an “unsubscribe” or “opt out” link in the footer of the email.
For more consumer choice resources, please see our Dream Data Services Consumer Choice and Resource Center.
8. Security and Data Integrity
9. International Users, EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Framework
10. Questions or Concerns
If you have questions or concerns about Dream Data Services privacy efforts or data products, please contact us at:
Privacy and Data Security Officer
Dream Data Services
Effective Date: 2-13-2020
Last Updated: 06-19-2020
Previous Update: 2-14-2020