WhatCounts Privacy Policy

At Mansell Group D.B.A WhatCounts, Inc., its affiliates and subsidiaries, (Collectively, “WhatCounts,” “we,” “us,” or “our”), we respect and protect the privacy of our customers (“you,” “Customer,” or “your”), website visitors and, to the extent required under applicable law, certain third parties associated with our customers. This “Privacy Policy” describes our practices for how your personal information is collected and used. This Privacy Policy applies to information that we collect and maintain about you when you visit the WhatCounts website (“Site”) or use any WhatCounts product or service (“Services”), and from other sources.

By visiting the Site or by purchasing or using the Services, you expressly consent to the use and disclosure of your information as described below. If you are a Customer, this Privacy Policy is made subject to, and is a part of, our standard terms of use or other written agreement between us.

Information Collected

We primarily collect and maintain three categories of information, which categories may include both information that can be used to identify or contact an individual (“personal information”) and other non-personal information:

Customer Information.You may provide, and we may collect, information when you activate, subscribe for or otherwise use the Services (“Customer Information”). Examples of Customer Information include your account information such as username and password, billing information, name, email address, mailing address, phone number, usage details of the Service, information related to support or service requests, and current geographic location and language.
Target Data.We collect data stored or uploaded by you into the Services about the behavior and demographics of your customers and other third parties that consent to the receipt of marketing and other content from you, or that otherwise interact electronically with you or your website (“Target Data”). All Target Data is controlled by our Customers, who are the data controllers for such information with respect to EU data protection laws and regulations. Each Customer is responsible for obtaining the requisite consent in accordance with applicable law from its customers and third parties for us to collect and use the Target Data as necessary for the provision of the Services. Except as provided herein, we will not process Target Data for other purposes or by other means than as instructed by our Customers.
Usage Information.When you access or use our Services or Site we automatically collect certain information via technologies such as cookies and web beacons (“Usage Information”), which may include data about visitors to the Site who may or may not be our customers. Examples of Usage Information include IP addresses or other device addresses or ID, browser and device type, geo-location data, and dates and time of the visit or use of the Services or Site. We may also employ web beacons to collect information regarding your or your customer’s interaction with email messages, such as whether a message is opened or forwarded. More information on how and why we collect Usage Information is in the “Cookies and Web Beacons” section of the Privacy Policy below.
Information from Other Sources.We may obtain Customer Information, including personal information, about you or a prospective customer from our business partners or other third parties, for the purposes of providing you with improved Services.

Although we do not actively collect such information, certain information that is provided to us by our customers may relate to or contain personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or information specifying the sex life of an individual (any such information, “Sensitive Information”).

Children's Information

The Site and Services are not intended to be used by children under the age of sixteen (16) for residents of the European Economic Area (“EEA”) and under the age of thirteen (13) for all others, and we do not knowingly collect information from such children. If we become aware that a child under the age of thirteen (13) (or a child from the EEA under the age of sixteen (16)) has provided us with information, we will remove it from our systems. If you believe we might have any information from or about underage children, please contact us at privacy@whatcounts.com.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, in various ways, including the following:

We use Customer Information that we collect to provide, maintain, improve and develop our Services, to provide information, products, support or services that you request from us; to fulfill any other purpose for which you provide it; and to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
If you have provided your contact information to us, you agree we may use such information to contact you for marketing purposes via direct mail, email, telephone, pre-recorded messages, text messages, instant messages or other communications methods. If, however, you live in the European Union or another jurisdiction where affirmative and express consent is required, we will obtain such consent before contacting you for marketing purposes. For all of our customers, if at any time you do not want us to use your information in this way, or to pass your details on to third parties for marketing purposes, please opt-out by following the instructions set forth below.
Customer Support.If you have a problem, comment, or request concerning the Site or the Services, we will use the contact information provided by you to respond to those problems, comments or requests. In certain instances, our response may be provided to other WhatCounts customers or third parties as necessary to respond to any problem, comment, or request, but any such response shall not include your personally identifiable information.
Target Data.WhatCounts may use Target Data in connection with its performance of the Services, and in accordance with the instructions provided by the applicable Customer. We may also use non-personally identifiable Target Data in aggregate and blinded formats that do not identify, reference or imply an association with, Customer or its customers, for the purposes of creating benchmarking, statistical, research and marketing analyses, surveys, reports and studies. If you are a customer of one of our Customers and would no longer like to be contacted by one of our Customers that use our Service, please contact the Customer that you interact with directly.
Usage Information.We use Usage Information generally to improve the accessibility and usage of our Site and Services. We may use Usage Information to personalize the Services to you, provide customized advertising, marketing, content or information, communicate with Site visitors, monitor and analyze Site usage and access.

Disclosure of Your Information

We may disclose personal information that we collect or you provide as described in this privacy policy under the following circumstances:

Disclosures With Your Consent.We may disclose your personal information to third parties with your consent, or if we notify you that the information you provide will be shared in a particular manner and you provide such information.
Disclosures Required by Law.Under certain circumstances, Customer Information and Target Data may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders or we may be required to disclose such information in order to enforce or apply our terms of use or other agreements, or to protect the rights, property, or safety of WhatCounts, our customers, or third parties. In such circumstances, you agree WhatCounts may disclose such information to the extent necessary to comply with such legal order or requirement (“Disclosures Required by Law”).
Disclosures To Our Affiliates.We may share your information that we collect, or provide to us, with our affiliates. WhatCounts affiliates will use such shared information in a manner consistent with their privacy policies, which shall be no less stringent than this privacy policy.
Disclosures To Our Partners.Where lawful to do so, and subject to your consent where required, we may provide Customer names to certain trusted business partners for marketing purposes, but will never share any Target Data with such business partners.
Disclosures To Service Providers.In addition to Disclosures Required by Law, we may engage subcontractors, service providers and other third parties to help us deliver, maintain, upgrade, create, or improve the Site and/or the Service, and these parties may have access to certain of your information in the course of providing such services. Further, we may share your information with third parties in connection with our analysis of Site usage, as discussed below, under “Cookies and Web Beacons”. In the event you do not agree to any such disclosure, you may contact us as discussed below to modify or delete the information we hold. Additionally, aside from in connection with Disclosures Required by Law, any disclosure to a third party of personal information of data subjects within the EEA will only be made if such third party satisfies the requirements of the EU-U.S. Privacy Shield (as defined below), or has entered into a written agreement with us providing that it will provide at least the level of privacy protection as is provided in the EU-U.S. Privacy Shield Framework.
Disclosures Due to Changes of Ownership.We may also provide your Information to a third party in connection with a merger, sale, or acquisition transaction, in which case we will require any such third party to agree to treat your personal information in accordance with this Privacy Policy.

WhatCounts reserves the right to share any information that is not deemed personal information or is not otherwise subject to contractual restrictions.

Except as otherwise set forth herein (and, in the case of a Customer, set forth in our standard terms of use or other written agreements between us), we will not sell, rent or lease to others your Customer Information or your Target Data.

Third Party Websites

As part of the Services, the Site may contain links to websites operated by third parties. We are not responsible for the privacy practices or the content of any third party websites. Customers and visitors who link to third party websites from the Site should check the privacy and security policy statements of such third party websites to understand the policies and practices of such third party websites as we are not responsible for those policies and practices. Customers and visitors who access a linked site may be disclosing their private information to the owner of such third party websites. Please review these policies before you submit any personal data to these websites. It is your responsibility to keep such information private and confidential.

International Transfers

From time to time, personal information from data subjects in the EEA that we collect may be transferred or accessed by entities who may be based outside of the EEA. We may also allow our service providers or assistance providers, who may be located outside the EEA, access to your personal data. We may also make other disclosures of your personal data overseas, for example, if we receive a legal or regulatory request from a foreign law enforcement body. We will always take steps to ensure that any international transfer of information is carefully managed to protect your rights and interests. For example, transfers to our service providers and other third parties will always be protected by contractual commitments, further assurances where appropriate, such as the European Commission’s approved Standard Contractual Clauses, or certification schemes such as the EU – U.S. Privacy Shield for the protection of personal data transferred from within the EU to the United States of America.

Data Retention

WhatCounts will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected unless a longer retention period is required or permitted by law.

Choice and Access - Control, E-mail, and Opt-Out

You may request access to and correction of, amendment to, or deletion of any information provided to us at any time by contacting us at privacy@whatcounts.com. You may also request your information by mail addressed to WhatCounts, 3445 Peachtree Road NE, Suite 600 Atlanta GA 30326. We will respond to any written requests within thirty days.

You may always decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Services.

If you received one or more e-mails from us, it means one of two things: (i) your e-mail address is on our list of customers, free trial users or prospective customers; or (ii) you have provided us your e-mail address so that we could contact you. If you believe you received an email from us in error, please contact us immediately at privacy@whatcounts.com.

We provide you with the opportunity to opt-out of receiving certain communications from us at any point in time. If you wish to cease receiving e-mails and other communications from us, you can opt-out of by contacting us at privacy@whatcounts.com.

In the event we become aware that we have collected Sensitive Information, we will obtain your consent prior to revealing such Sensitive Information to any unauthorized third party or to using it for purposes other than those for which it was originally collected.

In addition to the above rights of access, correction, amendment or deletion, if you live in the EU, you may, subject to applicable law, have some or all of the following rights with respect to your personal information:

to restrict processing of your personal data under certain circumstances
to transmit your data (as provided by you, directly or otherwise collected by us by virtue of your use of the Services) in machine-readable format to you or to a third party when we justify our processing on the basis of your consent or the performance of a contract with you;
to withdraw your consent to our processing of your personal data (where that processing is based on your consent);
to obtain, or see a copy of the appropriate safeguards under which your personal data is transferred to a third country or international organization;
to object, at any time, to the processing of your personal information, on legitimate grounds, except if otherwise permitted by applicable law;
to erase your personal data (in limited circumstances, such as where it is no longer necessary in relation to the purposes for which it was collected or processed); and
to file a complaint with your local supervisory authority for data protection.

If you are seeking to exercise any of the foregoing rights, please contact us at privacy@whatcounts.com.

Please note that WhatCounts has no direct relationship with our Customer’s customers or other third parties whose personal information we may process as Target Data on behalf of a Customer. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, or has other inquiries with respect to their personal information should direct his or her query to the Customer they deal with directly.

Security of the Information Collected

We use technical, administrative, and physical security measures to protect against the loss, misuse, alteration, disclosure, and unauthorized access of data used by our system, and to ensure that all data used by our system is reliable for its intended use, and is accurate, complete, and current. Also, we provide each customer with a unique username and password that must be entered each time a customer logs into its account. No data transmissions over the Internet, however, are guaranteed to be completely secure. While we strive to protect your data from unauthorized use or disclosure, WhatCounts does not warrant or guarantee the security of the data that you provide to us; any transmission of data is at your own risk.

Cookies and Web Beacons

Cookies are files that web browsers place on a computer’s hard drive to tell site owners whether an individual has interacted with the website previously. WhatCounts uses cookies to recognize repeat visits by users of the Site and to collect information about our Customers’ interactions with the Services. The use of cookies enables us to make your experience with the Site and Services easier and more meaningful.

There are two types of cookies: session-based cookies and persistent-based cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. They include such information as a unique identifier for your browser. Standing alone, cookies do not contain personal data, and therefore do not identify you personally; they merely recognize your browser. Unless you choose to identify yourself to WhatCounts, either by responding to a promotional offer, using the Services, or registering for a free trial, you will remain anonymous to WhatCounts.

From time to time, we may ourselves or may engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to the Site to help us administer the Site and improve its quality. Such third parties may use cookies to help track visitor behavior, including visitor responsiveness to online advertisements. Such cookies will not be used to associate individual Site visitors with any personal data. All data collected by such third parties on our behalf is used only to provide us with information on Site usage and will not be shared with any other third parties, and any such third party either satisfies the requirements of the EU-U.S. Privacy Shield or have entered into a written agreement with us providing that it will provide at least the level of privacy protection as required by the EU-U.S. Privacy Shield Framework.

The cookies we use do not transmit personally identifiable information to us or to our service providers. You have the choice to opt-out of receiving cookies from both WhatCounts and third parties which will prevent WhatCounts and third parties from tracking information about the online advertisements that you visit. Please note that you still will have the ability to view our online advertisements even if you opt-out of receiving cookies OR if you choose to disable cookies, you may still use the Site; however, you may have limited access to some areas within the Site.

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies; however, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our Site.

Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain delivered content and offers). Our web beacons may collect some contact information (e.g., the email address associated with an email message that contains a web beacon).

Google Analytics

We also use a third-party service, Google Analytics, a web analytics service which uses cookies to measure, analyze and report on access to and usage of our Site. The information generated by the Google Analytics cookie about visitors to the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. In addition, our Site uses third-party cookies (DoubleClick cookies) provided by the Google Analytics service for a specific feature called Google Analytics Demographics and Interest Reporting. This feature gives us insight into behavior information relating to visitor age, gender and interests on an anonymous and aggregate level. This will help us to understand browsing behavior to give you a better experience while visiting our Site and to help use refine our marketing message and to better serve our user base. If you would like to opt-out of Google Analytics you can download and install the add-on for your web browser at: https://tools.google.com/dlpage/gaoptout?hl=en-GB

EU-U.S. Privacy Shield

WhatCounts complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Economic Area countries. WhatCounts has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

WhatCounts’s accountability for personal data that it receives under the EU-U.S. Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, WhatCounts remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless WhatCounts proves that it is not responsible for the event giving rise to the damage.

We conduct periodic internal reviews, and provide employee training, to ensure our compliance with this Privacy Policy. Any questions regarding this Privacy Policy, our use of your information, or the Privacy Shield should be directed to WhatCounts, at privacy@whatcounts.com.

In compliance with the EU-US Privacy Shield Principles, WhatCounts commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact us at privacy@whatcounts.com. If we do not resolve your complaint, you may submit it free of charge to JAMS, an alternative dispute resolution provider based in the United States that we have designated to address complaints. Please visit the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield for more information. During a dispute, WhatCounts is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. Under certain conditions specified by the Privacy Shield Principles, you may also be able to invoke binding arbitration to resolve your complaint.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Site or Services that are California residents to request certain information, including the categories of personal information disclosed to third parties for their marketing purposes and the names and addresses of those third parties, regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are California resident and would like to make such a request, please submit your request via email to privacy@whatcounts.com.

Some Internet browsers include the ability to transmit “Do Not Track” signals. We do not currently process or respond to “Do Not Track” signals. To learn more about “Do Not Track”, please visit “All About Do Not Track.”

California Residents

The Personal Information about you that we collect includes information within the categories of data defined by California state privacy laws and provided below. Under the CCPA, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular consumer or household. Personal Information does not include:

(1) de-identified or aggregated information;

(2) “publicly available information” that is lawfully made available from federal, state, or local government records; or

(3) information excluded from the CCPA, such as Protected Health Information or medical information that is subject to HIPAA, or other personal information covered by certain other privacy laws, such as the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, or California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994.

We do not and will not sell Personal Information about you, as defined by CCPA. We also have not done so for the last 12 months.

RIGHTS AVAILABLE TO CALIFORNIA RESIDENTS

Under the CCPA, residents of California are provided with certain rights regarding their Personal Information (as defined in the CCPA). The following section outlines these rights:

Right to Know: You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

- the Categories of Personal Information we have collected from you
- the business purposes for which such Personal Information was collected
- the Sources of Personal Information we have collected from you
- the specific pieces of Personal Information stored about you
- the categories of 3rd parties with whom we share Personal Information
- If we shared your Personal Information for a business purpose, the categories of Personal Information that each category of recipient obtained.

Right to Request Deletion: You have the right to request deletion of your Personal Information that has been collected and retained from you subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your Personal Information from our records, unless there is an applicable exception. We may deny your deletion request if we need to retain the information to:
1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 ).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If none of the foregoing exceptions applies, and we delete the information in compliance with your verifiable request, we will also direct our applicable service providers to delete your personal information.

You or an authorized agent registered with the California Secretary of State that you authorize to act on your behalf, may exercise the Rights twice in a 12-month period. Your verifiable request must include sufficient detail for us to understand, evaluate, and respond to it. It must also provide sufficient information that allows us to reasonably verify that you are the individual about whom we have collected Personal Information or an authorized agent representing the individual. Please note that in some cases we may need to obtain information from you as part of the verification process to verify your identity to a reasonable degree. We may require you to provide Personal Information as part of the verification process. For authorized agents, we may require a signed, written authorization, a notarized affidavit, or a valid power of attorney. We will only use this information for the purpose of verifying the requestor’s identity or authority. To exercise these rights, please email us at privacy@whatcounts.com or complete the form at (INSERT WEB FORM LINK HERE)

We will acknowledge your right to know or deletion request within ten (10) business days of receipt and provide information about how we will process the request. In many cases we will respond to your request within 45 days. In some cases, we may extend the time to respond for another 45 days. If this extension is necessary, we will give you notice and the reason that we need the additional time to respond.

If we are unable to verify your identity or your authority to make the request within 45 days, we cannot fully respond to you and may deny your request. We may in such cases elect to treat the deletion request as an opt-out request. For requests seeking specific pieces of information, we will treat it as a request for the disclosure of the categories of Personal Information about the consumer.

We retain records of your requests, including the request data, nature of the request, manner of submission, the response and any basis of denial for a period of 24 months.

We will not discriminate against you in terms of services, the level or quality of services, or pricing for exercising any of your CCPA rights. If there are excessive requests, we may charge a reasonable fee as permitted under the CCPA.

Right to Opt-Out of Data Sales for Nevada Residents

We do not sell your covered information, as defined by Section 603A.320 of the Nevada Revised Statutes. If you reside in Nevada, you have the right to submit a request to us at privacy@whatcounts.com regarding the sale of covered information. Please include “Nevada” in your email subject line and include the following information in your email: your name, Nevada resident address, and email address. We will respond within sixty (60) days of receiving your request.

Privacy Policy Changes

This Privacy Policy may be amended from time to time, consistent with the requirements of the EU-U.S. Privacy Shield Framework. Any changes to this Privacy Policy will be posted here, so please check this page regularly and make sure to check the effective date of the policy as set forth above. If you have any questions or concerns about the changes, please contact us at privacy@whatcounts.com.