MyListing club Legal Center

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Terms & Conditions

Document Updated:  1/1/2019
[email protected]

These terms govern your use of our online store, our services, our resources, and other offerings that we may provide via the mylisting.club website.

Please read the full terms, as they are the legally binding agreement.

For your convenience, we are providing you with a summary of the terms with the most important sections.

We offer refunds, but we do have some exceptions and conditions.

Customers that request refunds improperly (i.e. file a payment dispute with their banking institution) can severely hinder a vendor’s ability to use online payment processors going forward. Any payment disputes, made in bad faith (i.e. to intentionally avoid payment) may be subject to legal action.

When using the MyListing Club, you may receive licensing information (activation codes, license keys, etc.) and/or user credentials. These are meant to let us know that you (and your website) are entitled to updates and support.

Don’t share your credentials or use your licensing information on more websites than you paid for; otherwise, you and your websites will be blocked.

If you opt for our affiliate program, we have specific conditions on how to use our marks; please respect them.

In any case, we offer no liability, both for our Software and Services, and the use of our website and Software is under your own risk.

When you use our websites and Services, we may collect some information. This is defined in our Privacy Policy.

Please note that neither this Terms & Conditions nor the “In plain English” part of the Terms of Service may be used to interpret the meaning of this legal document.

Terms of Service

Document Updated:  1/1/2019
[email protected]

Accepting These Terms

In plain English: We need you to agree to our terms to provide you with Services.

Our products and services are offered to almost anyone, but keep your passwords safe, and don’t let others use your credentials.

These Terms of Service governing your access to and use of our website, software, services, and resources.

This Agreement alongside the specific policies for different products and services we offer is a part of the legal framework that governs the use of the MyListing Club software and website.

“Services” means: (a.) our website; (b.) our Facebook Group; (c.) our services; (d.) our resources; (e.) our affiliation service; and (f.) any other products or services we add to our offering.

The policy agreements that apply to you are only the ones applicable to your use; meaning that if you act as an affiliate, then the Affiliation Agreement shall apply to you; if you’re not an affiliate, the affiliation language does not apply to you.

If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.

Accounts and Eligibility

Your Account Is Your Responsibility

In plain English: You are responsible for what you, and others, do with your account.

You are solely responsible for all actions performed in the Services with your credentials, including your username and password. Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorised access to your account, you must immediately notify us, and we may work together to fix the issue.

It is our policy to have one account for one person, and one person for one account.

You cannot hold more than one account, and you cannot allow others to access your account.

Eligibility and Identification

In plain English: Adults use our service. Do not use our services if you are restricted from entering into any legal agreement.

When registering for the Services, we may authenticate your identity through different third-party services and may require additional identification.

The Services are intended for use by users of at least eighteen (18) years old. If you register for our services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services

Your Warranties

In plain English: You are not a terrorist, and/or you are not reopening an account that we closed.

You represent and warrant to us that:

You have, and will have at all times, all rights, licenses, and consents required for your use of the Services.

You will comply with all applicable laws, rules, and regulations.

You are not located in, or a national or resident of any of the countries or entities referred to in any country or entity that is subject to a U.S. Government embargo. Nor are you in a country that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties.

You were not previously prohibited by us from entering into an agreement with us nor was your account and/or use of the Services previously blocked, suspended or terminated by us for any reason.

We Own the MyListing Club Website and Services

In plain English: We own the MyListing Club Website and Services.

While our Software is licensed under GPLv3, we own all Intellectual Property Rights relating to the Services. This applies, without limitation, to any underlying data, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, graphs, photos, sounds, videos, fonts, graphics, organization, structure, section assembly and arrangement thereof (including without limitation “look and feel”), features, and any modifications, enhancements and derivatives thereof and all other Intellectual Property Rights related thereto.

We also retain the ownership and full Intellectual Property Rights to the source code of the MyListing Club website, apart from where we specifically use third-party software.

Please be advised that apart from where we specifically granted you a right to do so, all Intellectual Property Rights relating to the Services reside with us.

For the purpose of these Terms, “Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

Feedback and Contributions

In plain English: All contributions to MyListing Club Products are under the GPLv3 License.

If you offer us any feedback, we may use it, but you waive any intellectual property rights relating to it.

All contributions to our Software shall be made under the GPLv3 License and subject to our Contribution License Agreement. If you provide us with other feedback, relating to the Services or our website, such as usability issues, design suggestions, or any other suggestion relating to the Services, you acknowledge that (i) you own all right, title and interest in and to the feedback without any restriction; (ii) the feedback is not subject to any obligation of confidentiality; and (iii) we may be entitled to unrestricted use of the feedback for any purpose whatsoever, without compensation or credit to you or any other person.

Acceptable Use Policy

In plain English: Be fair and reasonable.

Use our website and Services for your own use, and don’t abuse the Services.

This is a list of “don’ts” it is not exhaustive, and we may also find that other non-bona-fide activities constitute as non-acceptable use.

Don’t allow others to use your account or license, by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.

Don’t copy or scrape our website, and don’t replicate its functionality. Meaning, don’t imitate our API calls to servers, don’t use an Iframe to reproduce our Services, don’t use a subdomain to redirect to our website.

Don’t use our website or Services where it is prohibited by law; meaning, don’t use our Services in any state that is sanctioned by the US Export office or under Israeli law.

Don’t use our website or Services to conduct any illegal activity, or transmit any transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content or files.

Don’t scrape our website without our permission, don’t use automated tools to submit queries or posts, and don’t mine personal information from our website.

Don’t make extensive API or web calls in a manner that interrupts our hosting company or web-server.

Don’t reverse engineer or decompile our website, or perform any activity that might reveal sensitive information.

Don’t try to guess usernames or passwords, or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or website.

Don’t resell our Services; meaning don’t offer others access to your product keys, or any other enabling methods, such as account credentials or activation codes. Don’t directly call files from our servers in your themes or products.

Don’t remove our legal notices or names from the Services.

Disclaimer

In plain English: We are not responsible for your use of our website and Services, and it is made at your own risk.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

In plain English: The maximum damages you may receive from damages we caused is limited. Don’t sue us.

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS, AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY US.

YOU OWN ALL CONTENT YOU GENERATE THROUGH OUR SOFTWARE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM US, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

In plain English: If we get sued for something you did, it will be your responsibility to pay for it.

You agree to defend, indemnify and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any content you submit according to our Submission Policy; and/or (ii) any breach of these terms made by you.

Amending These Terms

In plain English: We may update these terms from time to time and we will let you know if there is something that may impact you.

When we update these terms and you should be notified, we will notify you via email.

If you continue to use our website and Services following such update, you agree to be bound by the new terms.

Third-Party Components

In plain English: We may use third-party solutions on our website or Services, but we are not responsible for them.

The Services may contain parts provided by third parties and links to outside services and resources.

We do not screen, monitor, or control such content and services.

Any concerns regarding any such linked service or resource should be directed to such particular service or resource provider.

If we provide outside links, then such links are provided only as an informational resource, simply as a service and only for your convenience. We are not responsible or liable for such links or content.

Your right to use such Third-Party Components as part of, or in connection with the Software is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components contained therein or related to that, as set forth herein.

If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components.

You hereby agree to such terms associated with the Third-Party Components.

The Software is provided to you without any support for Third-Party Components, which are used with or in connection to the Software, whether installed on your server or otherwise, whether or not in source code.

Advertising

In plain English: We may display ads, but we are not responsible for them.

The Services may display ads. Nonetheless, We do not endorse or monitor any of these ads or their content, nor are we responsible for the foregoing, even if it seems affiliated with us.

Termination

In plain English: We may close your account, or terminate the Services. You must stop using the Services at termination.

We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services immediately (including without limitation the right to receive support and update services), at our sole discretion without notice.

Upon termination, you shall immediately cease using the Services.

Any section which includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay Fees.

We shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.

General

In plain English: Any access to or use of our Website or Services will be governed by the laws of the state of North Carolina, U.S.A., and the state and federal courts located in Mecklenberg County, North Carolina.

Governing Law, Jurisdiction

These Terms shall be governed by the laws of the state of North Carolina, U.S.A., without regard to the principles of conflict of law therein.

The parties consent to the exclusive jurisdiction of the state and federal courts located in Mecklenberg County, North Carolina.

Notwithstanding the foregoing, in the event of a breach or threatened breach of any provision of these Terms by you, we could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms and that the remedies at law available to us may otherwise be inadequate and we shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation, an injunctive relief, in any jurisdiction worldwide.

You hereby acknowledge and agree that We shall not be required to post a bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.

Enforceability

If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.

Assignment

We may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third-party without our prior written consent. Any unauthorized assignment will be void and of no force or effect;

Entirety

These Terms are the entire agreement between you and us regarding the subject matter herein.

Our failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion;

Your failure to take any action against us over a term of one (1) year from any breach of these Terms shall be automatically deemed as a waiver.

No Class-Action

YOU UNDERTAKE NOT TO ENGAGE IN ANY CLASS-ACTION AGAINST THE COMPANY AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.

If you have any further questions or require further clarification, please contact us by sending an email to [email protected].

Who We Are

MyListing Club LLC is a United States corporation.

Refund Policies

Document Updated:  1/1/2019
[email protected]

In plain English: We offer refunds, but we do have some exceptions and conditions. 

Customers that request refunds improperly (i.e. file a payment dispute with their banking institution) can severely hinder a vendor’s ability to use online payment processors. Any payment disputes, made in bad faith (i.e. to intentionally avoid payment) may be subject to legal action.

Software Refund Policy

In plain English: Refunds for Software is not available. All sales are final.

We firmly believe in and stand behind our Software. If you experience any issues, we will work to remediate those issues, within reason.

Membership Refund Policy

In plain English: You can cancel your monthly membership at any time, however, refunds are not available.

Website Hosting Refund Policy

In plain English: You can cancel your monthly hosting subscription at any time, however, refunds are only available within 24 hours from the time the order was placed.

If you qualify for a refund, we will refund the amount paid, minus any Stripe processing fees.

Build Blocks Refund Policy

In plain English: Partial refunds are available, within 30 days of your original purchase.

We firmly believe in and stand behind our Build Block Services 100%, but we understand that circumstances do change. If you are unhappy with our Build Block Services, we are more than happy to provide a partial refund.

  • We will refund any remaining time you have on the books, minus 1 hour, for administrative time, fees, etc.
  • We will process your refund as soon as we are able to. In some cases, we might ask you for the opportunity to resolve the issue for you.
  • Refunds may only be issued within 30 days of the first purchase date. After 30 days no refunds can be processed.
  • Refund periods are based on the first purchase date. If you have purchased and requested a refund in the past, the 30 days are from the first purchase, not the repurchase date.
  • By requesting and receiving a refund, you relinquish access to any resources we provided as part of our engagement, as well as the data residing in those tools.
  • We reserve the right to deny a refund request if deemed necessary.
  • To submit a refund request, please email us at [email protected]

If you qualify for a refund, we will refund the amount paid, minus any Stripe processing fees.

Hourly Support Refund Policy

In plain English: Partial refunds are available, within 15 days of your original purchase.

We firmly believe in and stand behind our Hourly Support Services 100%, but we understand that circumstances do change. If you are unhappy with our Hourly Support Services, we are more than happy to provide a partial refund.

  • We will refund any remaining time you have on the books, minus 1 hour, for administrative time, fees, etc.
  • We will process your refund as soon as we are able to. In some cases, we might ask you for the opportunity to resolve the issue for you.
  • Refunds may only be issued within 15 days of the first purchase date. After 15 days no refunds can be processed.
  • Refund periods are based on the first purchase date. If you have purchased and requested a refund in the past, the 15 days are from the first purchase, not the repurchase date.
  • By requesting and receiving a refund, you relinquish access to any resources we provided as part of our engagement, as well as the data residing in those tools.
  • We reserve the right to deny a refund request if deemed necessary.
  • To submit a refund request, please email us at [email protected]

If you qualify for a refund, we will refund the amount paid, minus any Stripe processing fees.

Website Maintenance Refund Policy

In plain English: You can cancel your monthly maintenance subscription at any time, however, refunds are not available.

Starter Sites Refund Policy

In plain English: Refunds for Starter Sites are not available. All sales are final.

Managed Licensing Refund Policy

In plain English: Refunds for Managed Licenses are not available. All sales are final.

Online Store Policies

Document Updated:  1/1/2019
[email protected]

In plain English: We offer you the option to buy Software and Services, some of which may be in the form of subscriptions.

We offer refunds, but we do have some exceptions and conditions. Please see our Refund Policies.

All Software licensed through the store shall be privately-licensed unless explicitly stated otherwise.

While we provide a description for all Software and Services, it is your responsibility to make sure that these fit your needs and that you know how to use them.

We may also provide you with access to certain manuals relating to the use of the Services or the Software; any event shall be provided on an “as-is” basis without warranty.

Products and Services Sold According to Their Specifications

In plain English: Each Product or Service that we sell may be different, please check the corresponding Product or Service page.

Our Products and Services are offered under specific terms as specified in their corresponding page. They may be limited by website calls, number of websites, or dates. We may offer discounts, rebates, or other promotions. Please check the product page before buying.

Fees

In plain English: We need to get paid to provide you with Products and Services.

We offer our Products and Services in the online store according to our current price list (“Fees”).

Payments shall be made by credit card via our third payment service providers and subject to their respective terms of service and privacy policies.

We may update our Fees from time to time or change the payment method.

You will be charged the Fees that arise from such changes only after notice is provided, either by email or a prominent notice on the Services.

By continuing to use the Services following such notice, you agree to be bound by such modifications.

Subscriptions Renew Automatically

In plain English: Set an expiration reminder if you only plan to use a subscription Product or Service for a limited time.

Subscriptions will automatically be renewed upon the end of the applicable subscription period, and you will be charged in advance at the beginning of each billing period.

Taxes

In plain English: You bear all taxes that relate to purchases of our Products and Services.

Fees may differ between different jurisdictions based on taxes that we need to add; therefore, during checkout taxes will be added if applicable. Apart from that, the Fees are exclusive of taxes, if there are any, you will bear the taxes.

You are responsible for reporting and paying taxes in connection with the Services, along with any related penalties or interest, as applicable to your purchase or country of purchase.

In the event that you are required by law to deduct and/or withhold any amount from any payments made to us, then the Fees shall be deemed as grossed-up and increased such that the actual net amount to be paid to us shall be equal to the Fees that would have been due to Company without such deduction or withholding.

Refunds

Please see our Refund Policies.

Privacy Policy

Document Updated:  1/1/2019
[email protected]

We recognize that privacy is essential. This Privacy Policy applies to all of the services, information, software, tools, features, and functionality, available or offered by us or our subsidiaries and affiliated companies. This policy covers how we collect and use personal data.

If you have any questions about this Privacy Policy, please feel free to contact us at [email protected].

Your Consent

In plain English: You don’t have to share data, but without sharing it, we cannot provide you with our services.

Providing us with personal data is purely consensual. You are not obligated under any laws to provide us with any personal data, but without providing such personal data, we cannot provide you with the Services.

Your Rights Under Applicable Laws

In plain English: You are entitled to full legal protection, and we cannot take away your legal rights.

Your Rights Under Applicable Laws

You have the right to know what personal data we collect about you and to ensure that such data is accurate and relevant for the purposes for which we collected it.

You can receive a copy of your personal data, and to rectify such personal data if it is not accurate, complete, or updated.

However, we may first ask you to provide us with certain credentials to permit us to identify you before rectifying, deleting, or reviewing.

Right to Delete Personal Data or Restrict Processing

You have the right to delete your personal data or restrict its processing by ourselves and third parties.

We may postpone or deny your request if your personal data is in current use for the purposes for which it was collected or for other legitimate purposes such as compliance with legal obligations.

Right to Withdraw Consent

You have the right to withdraw your consent to the processing of your personal data. Exercising this right will not affect the lawfulness of processing your personal data based on your consent before its withdrawal.

Right of Data Portability

Where technically feasible, you have the right to ask to transfer your personal data in accordance with your right to data portability.

The Right to Lodge a Complaint

You also have the right to lodge a complaint with a data protection supervisory authority regarding the processing of your personal data.

Your California Privacy Rights and Do Not Track Notices.

We do not convey your personal data to third parties for direct marketing purposes.

However, if we did, then the California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding its disclosure of personal data to third parties for their direct marketing purposes.

To make such a request, please send an email to [email protected], and we will let you know that none of your personal data was shared. We are only required to respond to one request per customer each calendar year.

We respond to “Do Not Track” signals.

What Personal Data Do We Collect?

In plain English: We may collect information you provide us when you use our website and services.

When Using Our Website

In plain English: We collect the information you provide us directly, and we collect information using technological means.

We collect information you fill in registration forms, contact forms, and comments, including your full name, address, contact information, approximate geolocation, and email address. We also collect payment information (for subscription purposes) and store a token for recurring billing if you purchased a subscription, which cannot be used to reidentify your credit card.

We also collect aggregated data from third parties, such as social media sites and other services which we use, and joint ventures we may establish.

We also collect the information that you submit to us via emails or other communication.

We collect information relating to how you use our website, such as the pages you viewed, the links you clicked, the websites that referred you to us, your device type, screen resolution, operating system, and browser.

When Using Our Services

In plain English: We collect information relating to how you used our service and contacted us.

When you use our services, we may automatically collect information from your devices, including, without limitation, information, and statistics about your online/offline status, your IP address, Internet service provider, type of browser, hosting environment, web server, your regional and language settings, and software and hardware attributes.

Our systems may automatically record and store technical information regarding the method and nature of your use of the Services.

How Do We Process Personal Data?

In plain English: We use personal data to provide you with services, to continually improve them, and to communicate with you.

We use personal data to provide you with services.

We may also disclose aggregated user statistics to third parties, including without limitation, to current and prospective business partners and other third-parties for other lawful purposes.

Who Do We Share Personal Data With?

In plain English: We share your personal data only under confidentiality obligations and only to provide you with services. We may disclose information to legal authorities.

International Transfer

Our servers may be hosted in various countries and jurisdictions that may be outside the country from which you access the Services and may be outside your country of residence.

We may transfer personal data across several countries.

Some of the uses and disclosures mentioned in this Privacy Policy may involve the transfer of your personal data to various countries around the world that may have different levels of privacy protection than your country and may be transferred outside of the European Economic Area.

If there is a transfer of your personal data outside the EEA we will, in the absence of an EC Adequacy decision relevant to the destination country or the transfer, seek to rely on appropriate safeguards such as a valid Privacy Shield certification (in the case of a data transfer to a Privacy Shield certified US recipient) or enter into appropriate EC approved standard contractual clauses.

Third-Parties

In plain English: We use third-parties.

As part of providing the Services our third-party service providers (including without limitation, the following entities) may have access to your personal data:

We use CloudFlare to accelerate our web pages.

We use Facebook Groups and Facebook Messenger to communicate with our users; each interaction is logged in Facebook Messenger.

We use Microsoft Office 365, MailChimp and SendGrid communications to our users.

We use Google Analytics to analyze marketing goals and to integrate different data sources together.

We use Stripe for our payment processing and accounting.

We use Kinsta to host websites for our customers.

Legal Compliance

We may share information as required for the provision or maintenance of the Services.

We may also share information in accordance with a written legal request by a valid legal authority. We will do our best to object to such request if we believe that it is baseless.

Use of Cookies

In plain English: We may use cookies to provide you with Services.

In order to collect the data described herein, we may use temporary cookies that remain on your browser for a limited period of time.

We may also use persistent cookies that remain on your browser for the duration we provide the services.

A cookie is a small piece of information which is sent to and stored on your browser. Cookies by themselves cannot be used to discover your identity. Cookies do not damage your browser.

Most browsers may allow you to block cookies, but you may not be able to use some features on the Services if you block them.

You may set most browsers to notify you if you receive a cookie (this enables you to decide if you want to accept it or not).

Children

In plain English: We do not knowingly collect information about children.

We will not knowingly contact or engage with children under the age of 16. If you have reason to believe that a child under the age of 16 has provided us with their personal data, please contact us, and we will act in accordance with the applicable law.

How We Contact You?

In plain English: We don’t spam; we will contact you with promotional offers.

We may send you periodic notifications in relation to the Services or Software. We will also send you our newsletter, which you may opt-out of this service at any time by clicking the “Unsubscribe” button at the bottom of each promotional communication we send you.

Please note that different types of Services may have different newsletters managed by different lists. Therefore, unsubscribing from one list does not mean you unsubscribed from all lists.

Complaints and Reports

In plain English: We will deal with complaints and let you know the results of such an investigation.

We regularly review our compliance with this Privacy Policy.

Please feel free to direct any questions or concerns regarding this Privacy Policy or our treatment of personal data by contacting us as provided above.

When we receive formal written complaints, we will contact you regarding your concerns.

We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between the Company and an individual.

Security Standards

In plain English: We will do our best to be secure.

We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of personal data.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

We retain your personal data only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.

Changes to This Privacy Policy

In plain English: We may update this Privacy Policy from time to time and update you as necessary.

Data Processing Addendum

Document Updated:  1/1/2019
[email protected]

1. Introduction and Scope

1.1 This Data Processing Addendum (“DPA”) is a part of the Terms of Service, Privacy Policy, and other relevant policies and agreements located on MyListing Club’s website at https://mylisting.club/legal/ (collectively, the “Agreement”). If there is a conflict between this DPA and any other provisions in the Agreement (other than this DPA), then the provisions of this DPA shall control.

1.2 This DPA is a binding agreement between MyListing Club and its Clients, but only to the extent that (a) MyListing Club Processes Client Personal Data
(defined below) for or on behalf of the Client pursuant to the Agreement (b) and the Data Protection Laws apply to such Client Personal Data. By using our Services in any way, you are agreeing to the terms of this DPA.

1.3 MyListing Club, while having access to certain aspects of Client websites, has intentions to only be a reseller of Kinsta Inc.’s passive-hosting platform and services. To that end, there are aspects, such as sub-processors that apply to Kinsta, rather than MyListing Club.

2. Definitions

2.1 “Controller”, “Processor”, “Data Subject”, “Processing”, “Personal Data”, and “Personal Data Breach” shall have the meanings ascribed to them in Data Protection Laws.

2.2 “Client Personal Data” means any Personal Data subject to the Data Protection Laws that Client provides, transfers, or makes accessible to MyListing Club in connection with the Services.

2.3 “Data Protection Laws” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and any similar or related implementing legislation by European Union or European Economic Area member states, the United Kingdom, or Switzerland.

3. Roles of the Parties

3.1 Client is the Controller and MyListing Club is the Processor with respect to Client Personal Data. MyListing Club shall only Process Client Personal Data
in accordance with Client’s documented instructions, which include the provisions of the Agreement, unless otherwise required to comply with any Data Protection Laws. We will inform you if, in our opinion, your instructions violate the Data Protection Laws.

3.2 Client and MyListing Club shall comply with the Data Protection Laws. Client shall obtain any required authorizations, consents, releases, or permissions, and provide all required privacy notices, regarding the Client Personal Data. For the avoidance of doubt, Client shall have sole responsibility for the accuracy, quality, and legality of all Client Personal Data and the bases on which it is collected from the Data Subject.

4. Nature, Purpose, and Duration of Processing

4.1 MyListing Club will Process Client Personal Data as necessary to perform the Services – which is generally limited to passive hosting of Client websites – or to protect MyListing Club’s legal rights, for the duration of the Agreement, unless otherwise agreed upon in writing. Client’s transfer of Client Personal Data to MyListing Club in connection with the Services is determined and controlled by Client in its sole discretion.

4.2 MyListing Club may Process the following categories of Client Personal Data: any Personal Data collected, used, or otherwise Processed from End User Data Subjects in connection with Client Websites.

4.3 MyListing Club may Process Client Personal Data from the following categories of Data Subjects: End Users of Client Websites.

5. Cross-border Transfers

5.1 You choose the Google Cloud Platform data center(s) where your websites will be hosted. You acknowledge, agree, and understand that (a) all of your Client Personal Data will be automatically transferred and stored in the Google data center you choose, and (b) Client Personal Data may be transferred from the European Economic Area, the United Kingdom, or Switzerland to the country where the Google data center is located, depending on your choice.

5.2 Client also authorizes MyListing Club to transfer Client Personal Data to any jurisdiction outside the EEA for the purpose of providing the Services if either (a) an adequacy finding has been made under the Data Protection Laws that the relevant jurisdiction provides and adequate level of protection, or (b) other appropriate safeguards are in place, such as standard contractual clauses or Privacy Shield, as applicable.

6. Sub-processors

6.1. MyListing Club engages third-party subcontractors that Process Client Personal Data (“Sub-processors”) for the purposes of providing the Services. A current list of Sub-processors is available below in Appendix A. Client authorizes MyListing Club to engage these Sub-processors for the purpose of providing the Services.

6.2 MyListing Club may update the list of Sub-processors in Appendix A from time to time, and such updates shall be the sole means of providing notice of Sub-processor changes to Client. Client is responsible for regularly checking and reviewing the list of Sub-processors in Appendix A.

7. Security

7.1 MyListing Club shall ensure that its personnel are subject to binding obligations of confidentiality with respect to Client Personal Data.

7.2 Taking into account the state of the art, the costs of implementation and the nature, scope, context, and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of Data Subjects, MyListing Club shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

8. Personal Data Breach

8.1 In the event of a discovered Personal Data Breach, MyListing Club shall provide prompt notice, via email, using the Client’s email address used to sign up for our hosting services.

8.2 Our notice shall include the following information to the extent it is reasonably available to MyListing Club at the time of the notice, and MyListing Club shall update its notice as additional information becomes reasonably available: (a) the dates and times of the Personal Data Breach; (b) the basic facts that underlie the discovery of the Personal Data Breach, or the decision to begin an investigation into a suspected Personal Data Breach, as applicable; (c) a description of the Client Personal Data involved in the Personal Data Breach, either specifically, or by reference to the data set(s), and (d) the measures planned or underway to remedy or mitigate the vulnerability giving rise to the Personal Data Breach.

9. Data Subject Requests

9.1 MyListing Club will promptly notify Client if we receive a request from a Data Subject to invoke their rights with respect to Client Personal Data, unless otherwise prohibited by applicable law; and, except to the extent required by applicable law; we will not independently take any action in response to a request from a Data Subject without Client’s prior written instruction.

10. Deletion or Return of Client Personal Data

10.1 Clients are solely responsible for transferring out their data, if desired, prior to deletion by MyListing Club.

10.2 Upon proper termination of the Agreement and at the written direction of the Client, MyListing Club shall delete all Client Personal Data.

Customer Signature: __________________________________________
Print Name: __________________________________________
Title: __________________________________________
Date: __________________________________________

MyListing Club Signature: __________________________________________
Print Name: Ryan Logan
Title: Owner
Date: November 1, 2019

Appendix A

Sub-processors

  • Kinsta: MyListing Club, while having access to certain aspects of Client websites, has intentions to only be a reseller of Kinsta Inc.’s passive-hosting platform and services.
  • Google Cloud Platform: Google Cloud servers are used to host, secure, and store data related to Client Websites.
  • Packet: Kinsta Inc., rather than MyListing Club, collects and analyzes logs – that are necessary for operating our infrastructure – for security reasons on Packet servers. MyListing Club simply has read-only access to this data, for management purposes.
  • Intercom: Kinsta Inc., rather than MyListing Club, uses Intercom to communicate with our Clients and provide them support.
  • SendGrid: Cloud-based SMTP provider used to send transactional and marketing emails.
  • KeyCDN: Kinsta Inc., rather than MyListing Club, uses KeyCDN to power Kinsta CDN. If you enable Kinsta CDN on a website, the website’s static assets will be delivered by KeyCDN which will receive the IP addresses of website visitors.
  • Slack: Kinsta Inc., rather than MyListing Club, uses Slack for internal communication and collaboration.
  • Stripe: We use Stripe to process Client payments.
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