InstaSDR Data Usage Policy

‍1. Overview

The InstaSDR.ai team is committed to helping our clients(aka "customers") maximize the value of our service while maintaining strict adherence to relevant legal and regulatory frameworks.

‍2. Key Terms

"Client Digital Assets": Any websites or online properties owned and managed by the Client where the InstaSDR.ai tracking code collects visitor information.

"Source Data": All information supplied by the Client to InstaSDR.ai, including data gathered via the InstaSDR.ai tracking pixel implementation.

"Enhanced Data": Information produced and delivered by InstaSDR.ai to the Client derived from Source Data, including visitor intelligence profiles and performance metrics.

‍3. Intellectual Property Rights

InstaSDR.ai Ownership: All Enhanced Data and the underlying technology, algorithms, and systems used to generate and deliver this data constitute the sole intellectual property of InstaSDR.ai. Clients are granted a restricted, non-transferable license to utilize the Enhanced Data exclusively for purposes outlined in this policy.

Client Ownership: Source Data remains the sole property of the Client. InstaSDR.ai makes no ownership claims regarding Source Data and utilizes it strictly for service delivery as detailed in our agreement.

‍4. Permitted Uses

Customers may use the Enhanced Data for the following purposes:

Internal Business Use: Utilizing the Enhanced Data to enhance marketing strategies, customer outreach, and internal business analytics.

Personalized Marketing: Using the Enhanced Data to personalize advertising and marketing efforts directed at website visitors.

Customer Relationship Management: Integrating Enhanced Data into Customer's CRM systems to better understand and engage with their audience.

Compliance and Security: Ensuring that data usage complies with all applicable laws, regulations, and internal security policies.

‍5. Prohibited Uses

Customers are strictly prohibited from:

Reselling or Redistributing: Selling, leasing, sublicensing, renting, or providing Enhanced Data to any third party without InstaSDR.ai's express written consent.

Unlawful Use: Using the Enhanced Data in any manner that violates applicable laws, regulations, or agreements, including but not limited to:

The California Consumer Privacy Act (CCPA)

The California Privacy Rights Act (CPRA)

The General Data Protection Regulation (GDPR)

The Fair Credit Reporting Act (FCRA)

The CAN-SPAM Act

The Telephone Consumer Protection Act (TCPA)

Any other federal or state laws concerning data privacy and consumer protection.

Sensitive Information: Using the Enhanced Data to collect or process any information subject to laws governing sensitive data, such as:

Health Insurance Portability and Accountability Act (HIPAA)

Gramm-Leach-Bliley Act (GLBA)

Children's Online Privacy Protection Act (COPPA)

GDPR, specifically regarding data related to EU citizens or residents.

Restricted Marketing Activities: Utilizing Enhanced Data to advertise or promote products or services in the following categories:

Libelous or defamatory content

Illegal activities or substances

Pornography or adult content

Tobacco products, including e-cigarettes

Firearms, ammunition, or weapons

Hate speech or content targeting any societal group

Products that violate intellectual property rights

Credit repair services

Sale of certain stocks or financial instruments

Psychic or astrology services

Sweepstakes or gambling

Any other product or service that is illegal in the relevant jurisdiction.

‍6. Privacy and Compliance

Customers must:

Privacy Policy: Maintain a clear and comprehensive privacy policy on their Customer Properties that complies with all applicable privacy laws. This policy must describe how personal data is collected, used, and shared, including data collected through the InstaSDR.ai pixel.

Cookie Banner: Implement a cookie banner that obtains affirmative consent from visitors before deploying cookies or similar technologies. This banner should clearly inform users about the types of data being collected and its purposes.

Opt-Out Mechanisms: Provide visitors with an easy and accessible way to opt-out of data collection and marketing communications. This includes linking to InstaSDR.ai's opt-out page or an equivalent mechanism.

User Rights: Respect and facilitate the exercise of user rights under applicable privacy laws, such as the right to access, delete, or opt-out of the sale of personal information.

‍7. Restrictions on Use of Contact Information

Email Communications: Customers must include a valid "unsubscribe" option in all email communications and ensure compliance with the CAN-SPAM Act.

Telecommunications Compliance: For any use of phone numbers, Customers must comply with the TCPA, FTC Telemarketing Sales Rule, and other relevant telecommunication regulations. This includes respecting "do not call" registries and obtaining explicit consent where required.

‍8. Important FCRA Restrictions

Customers acknowledge that they are not a consumer-reporting agency under the FCRA, and the Enhanced Data does not constitute a "Consumer Report." Customers are prohibited from using the Enhanced Data for purposes outlined under the FCRA, including but not limited to:

Assessing eligibility for credit, insurance, employment, or tenancy.

Determining eligibility for any license or benefit that depends on financial responsibility.

Any use that would categorize the Enhanced Data as a Consumer Report.

‍9. Compliance and Enforcement

Monitoring and Audits: InstaSDR.ai reserves the right to monitor Customer's use of the Enhanced Data to ensure compliance with this policy. Non-compliance may result in termination of access to InstaSDR.ai's services and other legal actions.

Legal Consequences: Violations of this policy may expose Customers to legal penalties, including fines and liabilities under applicable laws.

‍10. Amendments

InstaSDR.ai reserves the right to amend this Data Usage Policy at any time. Customers will be notified of any significant changes, and continued use of InstaSDR.ai's services after such changes constitute acceptance of the revised policy.

‍11. Contact Information

If you have questions or require clarification about any aspect of this Data Usage Policy, please reach out to our compliance team at:

Email: privacy@instaSDR.ai