Last Updated Friday, January 22, 2024
These Terms of Service (“Terms” or “Agreement”) are a contract between you (the Customer) and us (“LanderLab” or “we”). They describe the services provided when you sign up for an account with us, define aspects of our business relationship, and set forth the terms and conditions that apply to your access to and use of the websites, products, and services owned and operated by Outofthebox Media Limited. Using our Subscription Services or signing up for an Account/ Plan indicates agreement with, and acceptance of, these Terms.
We collect different types of information from or through the Site and/or Services. Where appropriate, the legal basis for our processing of Personal Data is either consent, where we ask for it, or that the processing is necessary for providing the Site and/or Services and is carried out in our legitimate interests, which are further explained in the “How We May Use Information We Collect from You” section.
Account Information: When you sign up for an LanderLab Account, you select a User ID (by entering an email address and password) and we collect and store that information. Collected information is data we have solicited in a form or obtained via cookies or by other means; stored information is collected information that has been subsequently deposited into our databases after collection. In addition to your User ID, we also collect and store your first name and last name. We may also collect and store your company name, telephone number, address, and certain other information about you that may be required by us to provide the Services or be disclosed by you during your use of the Services.
Billing Information: When your Account includes a Subscription, we collect, but do not store, your credit card number. When you enter your credit card number, it is sent directly into Stripe, our Third Party payment provider, and bypasses our databases entirely. You agree that our Third Party payment providers and processors may collect and store your billing address and credit card information on our behalf, and that we may change our payment provider and processor at any time for any reason.
LanderLab will collect and store your billing address. Full credit card numbers are never visible to LanderLab employees or contractors, and we will not modify your credit card number or billing address under any circumstances. We adhere to all controls required for handling cardholder data in accordance with Payment Card Industry (PCI) compliance standards. You agree that our Third Party payment processors may collect and store your billing address and credit card information on our behalf. We only use Third Parties providing sufficient guarantees to implement appropriate technical and organisational measures.
Log Data: When you use the Services, our servers may automatically collect and store information, including information that your browser sends whenever you visit a website. This log data may include, but is not limited to, your Internet Protocol (IP) address, the address of the web page you visited before using the Services, the operating system you are using, the date and time of your accessing the Services, geolocation information, type of device, cookie data, and browser signatures.
User Contributions: You may also provide information to be published or displayed on public areas of the Site and/or Services, or transmitted to other users of the Site and/or Services (collectively, “User Contributions”). Your User Contributions are posted and transmitted to others at your own risk. We cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Lead Data: You have the option of using the LanderLab platform to build forms and solicit information from individual data subjects (“Lead Data”). In these situations, since you choose which data to collect and process, the nature of the data, as well as the purposes and means of processing, you are acting as “Data Controller” under applicable laws (including, but not limited to, the General Data Protection Regulation (“GDPR”)) and you have the associated responsibilities under these applicable laws.
We take steps designed to ensure that only those employees who need access to your Personal Data to fulfill their employment duties will have access to it.
We may use the information we collect from you to provide the Services to you and to understand, improve, and enhance the Services. This includes, but is not limited to, the right to conduct research, analyze trends, monitor traffic usage, and examine the ways in which our users engage with the Services.
We may use your Personal Data to respond to your questions or comments, including support-related and billing inquiries. We also use your Account data to administer your Account and keep track of billing and payments, invoicing, and Account management.
If you have received a commercial electronic message from us (regarding our products, services, news and events), it is because either you have previously provided your express consent, we have your implied consent under Canada’s Anti-Spam Legislation, or because the type of message sent is exempt under Anti-Spam Legislation. You have the option not to receive this commercial electronic message. We provide an opt-out function within all electronic marketing communications, or will cease to communicate with you for this purpose if you email us at [email protected] and tell us not to communicate this information to you. While you maintain an Account with us, we may contact you to notify you about changes to the Services, and other important Service related notices, including but not limited to security and fraud notices, Service suspensions, and outages. These emails and messages are considered essential, non-marketing communications, and you may not opt-out of them.
We work hard to keep the Services secure and to prevent abuse and fraud. We may use your Personal Data as necessary to respond to security incidents, claims of any violation of our rights or those of any Third Parties, to protect the rights, property, or personal safety of you, us, our Customers, and the public, and as required or authorized by law.
This policy is not intended to place any limits on what we may do with data that is aggregated and/or anonymized so it is no longer associated with an identifiable Customer or user of the Services (“Aggregated Data”). We may use your Personal Data to generate Aggregated Data for internal use and for sharing with Third Parties on a selective basis.
Mailchimp servers are located in the United States. Because Mailchimp incorporates the Standard Contractual Clauses into its Data Processing Addendum and continues to protect EU personal data in accordance with Privacy Shield Principles, we can lawfully receive EU data. However, please note that your Personal Data may be stored and processed in any country where we have facilities or in which we engage Third Party service providers. By using the Site and/or Services, you consent to the transfer of information to countries outside your country of residence, including the United States, which may have different data protection rules than in your country. While such information is outside of the EU/EEA, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. Our practices regarding your Personal Data will at all times continue to be governed by this Policy and we will comply with GDPR requirements providing adequate protection for the transfer of Personal Data from the EU/EEA to a third country.
You have the right to access and edit your Account and Profile Information (including User ID and billing details) by logging into the Services and choosing to edit your Profile. You are able to upgrade, downgrade, and cancel your Subscription, enable and disable Third Party integrations, view your Lead Data, download a CSV file of your Lead Data for any date range, invite additional Users to your Account (depending on your Account level), and decide which permission level to grant each additional User.
Under the GDPR, you may be entitled to additional rights, including: (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to access your Personal Data and certain other supplementary information, under certain conditions; (iii) the right to object to unlawful data processing, under certain conditions; (iv) the right to erasure of Personal Data about you, under certain conditions; (v) the right to demand that we restrict processing of your Personal Data, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your Personal Data is inaccurate; (vi) the right to data portability of Personal Data concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vii) the right object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions; (viii) the right to lodge a complaint with data protection authorities. You may contact our Data Protection Officer by emailing [email protected] with your request. If you want to learn more about your rights under the GDPR, you can visit the European Commission’s page on Data Protection at: http://ec.europa.eu/justice/data-protection/index_en.htm. We will maintain your Personal Data for as long as they are needed, or as required by applicable laws, regulations, or government orders. Unless you request otherwise, your Account, including Lead Data, will be deleted from our databases within twelve (12) months of Account cancellation. We reserve the right to charge a fee for data retention past our prescribed deletion period, and to update or amend our data retention policy.
We will strive to prevent unauthorized access to your Personal Data, however, no data transmission over the Internet, by wireless device or over the air is guaranteed to be 100% secure. We will continue to enhance security procedures as new technologies and procedures become available.
We strongly recommend that you choose a strong, unguessable password, and that you do not disclose your password to anyone. If you forget your password, we will ask you for your email address and send you an email with instructions for resetting your password. At no time is an LanderLab employee able to view your password.
Please remember that you control what Personal Data you provide while using the Site and Services. Ultimately, you are responsible for maintaining the secrecy of your identification, passwords and/or any Personal Data in your possession for the use of the Site and/or Services. Always be careful and responsible regarding your Personal Data. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the Personal Data you provide to others through the Site or Services. Similarly, we cannot assume any responsibility for the content of any Personal Data or other information which you receive from other users through the Site or Services, and you release us from any and all liability in connection with the contents of any Personal Data or other information which you may receive using the Site or Services. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the Personal Data or other information provided by any Third Party. You release us from any and all liability in connection with the use of such Personal Data or other information of others.
The Site and/or Services are not directed to children under the age of 16, and we do not knowingly collect Personal Data from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, then please do not use or access the Site and/or Services at any time or in any manner. If we learn that Personal Data has been collected on the Site and/or Services from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 16 years of age has provided Personal Data, then you may alert us as set forth in the “Contact Us” section and request that we delete that child’s Personal Data from our systems.