We adhere and are committed to LeadsCouncil’s 2017 Lead Generation Standards when marketing to Consumers and in our handling of Consumer Data.
I. RESPONSIBLE CONTRACTING PRACTICES
A. Contracts between our Inquiry Buyers and Best Case Leads incorporate LeadsCouncil’s 2017 Lead Generation Standards by reference. Best Case Leads uses commercially reasonable efforts to also address the contractual items set forth in Appendix B.
B. Contracts between Inquiry Buyers and Best Case Leads shall comply with all applicable laws, rules and regulations, including but not limited to the Telephone Consumer Protection Act, the CAN-SPAM Act and federal and state Unfair and Deceptive Acts & Practices (UDAP) laws. In addition, to the extent that such are applicable, Inquiry Buyers and Best Case Leads use commercially reasonable efforts to comply with the Industry Standards set forth on Appendix C.
C. Prior to entering into any Contract Inquiry Buyers and Best Case Leads shall use commercially reasonable efforts to assess the ability of their counterparties to comply with these Standards.
II. RESPONSIBLE MARKETING PRACTICES
A. Inquiry Buyers shall use commercially reasonable efforts to:
- Provide to Best Case Leads (as requested, and subject to the con dentiality terms of the applicable Contract) conversion and other data to enable Best Case Leads to perform quality analytics by source, including with respect to compliance with these Standards;
- Employ, or cause Best Case Leads to employ, a technology platform that enables the monitoring and audit of traffic sources for compliance with these Standards; and
- Not contact Consumers who have so requested.
B. Best Case Leads shall use commercially reasonable efforts to:
- Restrict resale of Consumer Data by Inquiry Purchasers; and
- Monitor and audit our traffic sources for compliance with these Standards and any applicable Inquiry Buyer marketing guidelines (“Guidelines”).
C. Inquiry Buyers and Best Case Leads shall:
- Not conduct campaigns or other marketing efforts in a manner that is misleading;
- Not make any misleading, unfair, false, or deceptive claim or employ any misleading, unfair, false or deceptive solicitation strategy;
- Employ Landing Pages that provide a clear point of contact identifying the originator of the Landing Page;
- Not inaccurately state or inappropriately imply an endorsement, approval or af liation of a program, product, or service by any governmental entity;
- Not offer or use incentives (including but not limited to earning rewards points, coupons, promotional contests, money, gift cards, or free items), to encourage Consumers to submit Consumer Data; and
- Not use any spyware, viruses, worms, spybots, keyloggers, or any other form of malware to gather Consumer Information.
A. Inquiry Buyers and Best Case Leads shall maintain with their sources of Traffic, procedures designed to:
- Monitor compliance with these Standards;
- Identify instances of noncompliance with these Standards; and
- Remediate instances of noncompliance with these Standards in a timely fashion.
IV. CONSUMER DATA
B. Inquiry Buyers and Best Case Leads shall adhere to the Data Privacy & Security provisions set forth in Appendix B.
A. Nothing in these Standards is intended to limit the rights and remedies of any person at law or as a matter of contract.
Appendix B: Contracting Principles
Contracts between Inquiry Buyers and Sellers should cover the following items:
- Require each party to comply with these Standards.
- Require each party to comply with the laws applicable to it.
- Maintain the con dentiality of each party’s con dential information.
- Permit auditing of compliance with these Standards.
- The transfer and storage of Consumer Data shall meet the following Data Privacy & Security Standards. Parties shall establish and maintain administrative, physical and technical safeguards to protect consumer data, as well as a comprehensive written information security program describing the same that is based on a recognized industry security standard against which the program can be audited (such as ISO or NIST).
- Safeguards shall include: (i) limiting access to consumer data to authorized persons; (ii) implementing authentication and access controls within media, applications, operating systems and equipment; (iii) implementing appropriate physical controls to prevent unauthorized physical access to information assets, IT infrastructure and equipment; (iv) encrypting Sensitive Personal Information; (v) encrypting Sensitive Personal Information transmitted over public or wireless networks; (vi) taking reasonable measures to ensure that consumer data is not stored on any portable removable media; (vii) removing QS consumer data from any media taken out of service and destroying or securely erasing such media; (viii) providing appropriate privacy and information security training to employees; and (ix) maintaining a documented incident response plan.
Appendix C: Standards Incorporated by Reference
(List of industry standards incorporated by reference to the Standards, as applicable to the underlying marketing activity)