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Date Last Updated: 9/25/2023

Privacy Policy Preamble

The plain English.  As a data company we feel it is in our best interest to be clear with what we do with your data and with data in general.  Some of what we do includes proprietary information which of course we can’t/won’t disclose, but we are writing this preamble so you can quickly and simply understand the context of everything below.  

When you interact with us we record your information in our CRM so we can continue to try to sell you our services.  We hope our services are awesome and this is seen as ‘providing useful customer service’.  This information does not cross over with the information we sell.  We might have information on you in both places, but it would be a waste of our time, and a violation of your trust, to take information used by our sales and marketing teams and push it into the data we sell. That would be dumb in so many ways. 

Then there’s the data we sell.  That’s what our business is, we sell data and services based on data (appending, data cleaning, email verification, etc). Sometimes it might be information on you and your company.  We collect and maintain this data in every legal way possible, and when asked we will flag your record and stop providing it to third parties.  This is just good business, no reasonable company wants to waste time trying to sell to uninterested buyers and we don’t want to sell our clients information on people that want to be left alone. Our goal is to facilitate commerce and help companies find the best possible target audience for their product or service. 

There’s a lot more technical information below for things like making sure we are not breaking the law when you visit our site, GDPR, etc.  We use tools like live chat, web visitor tracking, heat maps, and others to get data on our website performance etc.  If you choose to use the MountainTop Data website or any of our products understand that we likely collect any and all information.  If you are in or from an area with laws against this type of data collection then your continued use of this site is your authorization for us to collect and use your information.  If you do not consent to this then you are not permitted to use this site.  

 

Privacy Policy 

Our policy has been updated in order to comply with the EU General Data Protection Regulation (GDPR), California Consumer Protection Act (CCPA), and others. 

This policy lets you know how we collect and use information.  It does not disclose proprietary practices which may include some product and service uses for the data we maintain.  It will give a good idea of how we do and don’t use your data, which may include personally identifiable information, across our products and services. This policy does not cover or explain what other parties may do with any information that we may provide to them.

We maintain two types of information; Customer Service Information and Business Identity Information.  Customer Service Information is used by MountainTop Data to provide marketing materials, information, and services.  Business Identity Information is sold to third parties and or used in products and services provided by MountainTop Data. 

Information about you, whether Customer Service Information or Business Identity Information may include but is not limited to: Name, Title, work address or location, work phone number, cell phone number, job description, skills, past jobs held and other similar information. 

 

Customer Service Information: As with any company, in the course of communicating with you we store and maintain information on our interactions as well as certain customer information necessary to provide services.  We refer to this as Customer Service Information.  

Customer Service Information includes but is not limited to: Name, Title, work address or location, work phone number, cell phone number, job description, skills, past jobs held, notes on interactions, and information for any services you sign up for. 

This Customer Service Information may come from but is not limited to direct interaction, website forms, or other sales and marketing activities. Customer Service Information is only used to assist in providing services and is never added to the MountainTop Data Business Identity Information database. 

Information submitted through forms on the MountainTopData.com website or otherwise provided to MountainTop Data in the process of inquiring about or doing business with MountainTop Data are not used for any other purpose than to assist in providing services.  Information submitted to MountainTop Data by form, email , or otherwise may already be in the MountainTop Data database, but will not be added to the database from these sources.  This includes information we ask for such as your name, username, address, phone number, and e-mail address when you register for TopData Search or any other account with MountainTop Data.  This information is only used to operate, maintain, and provide you with the features and functionality of TopData Search and other Services.

We will sometimes receive information from third parties.  If, for example, you access our websites or any of our services through a third-party connection or log-in, we may receive information about you from that third party.  We are not responsible for your privacy settings or the privacy policy of any third party you use to connect to us.  If the nature of the third party connection is to communicate or access our services any information received by us from that connection will only be used to operate, maintain, and provide to you the features and functionality of TopData Search and other Services.

 

Business Identity Information: All information in our database, which we provide to third parties as a service through various products, is either publicly available or derived from public information with the exception of information received from third parties who’s origin may or may not be known by us.  

MountainTop Data is an original data source, we build, own, and maintain our own data. The exact processes we use are proprietary, and specific sources and methods are protected.   Our general process is to gather information from many sources, then combine and enhance it with our in-house data expertise. Sources include but are not limited to partnerships, data aggregation, mining public information (both online and off), as well as years of manual collection and direct marketing campaigns (email campaigns, tele-contact campaigns, and direct mail campaigns).

Our primary data sources are:

  1. Partnerships with original data sources
  2. Data Aggregation
  3. Acquisition from private data sources
  4. Social Media and online news
  5. Public/Government records and filings
  6. Public directories
  7. Web based resources

Analytics: We utilize third-party web analytics tools to continuously improve our websites and our products. In connection with normal business operations, as well as to increase functionality and enhance your user experience, this usage information may be linked to personal information that we have about individual users. We maintain ownership of this data and reserve the right to use it.

Cookies: When you visit any MountainTop Data site or service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us provide a better user experience, share information with us about how you use TopData Search and other Services and allow us or our business partners to track your usage of TopData Search and other Services over time. Some features of our sites and services may not function properly if the ability to accept cookies is disabled.

Log files: We automatically save Log file information each time you access TopData Search and other Services. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on TopData Search and other Services, domain names, landing pages, pages viewed, and other such information.

Device identifiers: When you access TopData Search and other Services by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may convey information to us about how you browse and use TopData Search and other Services. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the TopData Search and other Services. Some features of TopData Search and other Services may not function properly if use or availability of device identifiers is impaired or disabled.

Location data: When you access TopData Search and other Services by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use TopData Search and other Services. Some features of TopData Search and other Services, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

Sales and marketing communications: We may use information we collect, like your email address, to communicate directly with you through newsletters, promotions, Service-related emails, and special offers. 

We use or may use cookies, log files, device identifiers, location data and other information to provide a better user experience.

Transfer of Information: If we sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to TopData Search and other Services may be among the items sold or otherwise transferred. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.

Required to share your information: We may share information about you where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security, quality or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of us, our Users, or others.

Storage and Processing: Information about you collected through TopData Search and other Services may be stored and processed in the United States or any other country in which MountainTop Data or its subsidiaries, affiliates, or service providers maintain facilities. MountainTop Data may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which MountainTop Data or its parent, subsidiaries, affiliates, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Data Access and Security: If you create a TopData Search account or any other account on MountainTop Data, you may be able to access your Personally Identifiable Information with your password and username. This password is your responsibility and we advise against sharing your password with anyone.  If you access your account via a third-party site or service, you may have additional or different sign-in protections via that third-party site or service. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-in mechanism appropriately and limiting access to your computer, browser, or mobile device by signing off after you have finished accessing your account. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. If we believe that the security of your information may have been compromised, we may seek to notify you. 

We are committed to taking all reasonable precautions to safeguard the privacy of personal information which has been provided by our users. We use technical, contractual, administrative and physical security steps to protect your personal information. Security measures such as restricted access and the use of passwords and encryption have been adopted to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Our employees have been trained to respect your privacy at all times and those employees with access to your personal information shall use your personal information strictly in 

No data transmission over the Internet or via e-mail is completely secure and therefore we cannot guarantee protection of all personal information in all cases. For example, we cannot guarantee protection against interception, misappropriation, misuse, or alteration, or that your information will not be disclosed or accessed by the unauthorized acts of others. Consequently, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. 

Compromise of information: In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Unsubscribes: We make every effort to promptly process all unsubscribe requests from newsletters, sales, marketing, and other email outreach. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of TopData Search and other Services, technical and security notices) without canceling your TopData Search or any other associated accounts with us.  To unsubscribe from our newsletters, sales, marketing, and other email outreach respond to the received email with an unsubscribe request or email us at [email protected] with your unsubscribe request.  Please use the mail you would like unsubscribed when replying or contacting us with an unsubscribe request.  You may receive emails that are forwarded from another email to yours in which case we would need to know the email we are sending to for unsubscribing.

Opting out of collection of your information for Tracking / Advertising: Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents MountainTop Data or its business partners from tracking your browser’s activities in relation to TopData Search and other Services, and for use in targeted advertising activities by third parties. However, doing so may disable features available through TopData Search and other Services. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at [email protected].

How long we keep your private profile information: Following termination of your User account, MountainTop Data may retain your private profile information for a commercially reasonable time for backup, archival, or audit purposes. For the avoidance of doubt, any information that you choose to make public on TopData Search and other Services may not be removable.

Information for Users in Europe and Elsewhere Outside the U.S.: If you use our site or services outside of the United States, you agree that we may collect, process, and store your personal information in the United States and other countries. The laws in the U.S. regarding personal information may be different from the laws of your country. Any such transfers will comply with safeguards as required by relevant law.

Changes to this Policy: MountainTop Data reserves the right to modify this privacy policy from time to time, so please review it regularly. If we make material changes to this policy, we will notify you here, by email, and/or by means of a notice on our homepage prior to the changes becoming effective.

 

Additional terms that apply to some residents of the European Economic Area (EEA) 

In this section we have set out:

  • the general categories of personal data that we may process;
  • the purposes for which we may process personal data; and 
  • the legal bases of the processing; and
  • how we may share you information; and
  • additional rights in relation to the personal information we hold about you.

The kind of Personally Identifiable Information we collect and how we use it. 

  1. We may use or share Personally Identifiable Information to provide products and/or service to you, to enable third-parties to provide products and/or services to you, to enhance the operation of TopData Search and other Services, improve our marketing and promotional efforts, analyze use of TopData Search and other Services, and tailor your experience with third parties as provided below in this Privacy Policy. We may also use Personally Identifiable Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Terms and Conditions and this Privacy Policy, and to comply with applicable law and cooperate with law enforcement activities. 
  2. We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your website and services usage.
  3. We may process your account data (“account data”).  The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our Service, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services. 
  4. We may process your information included in your personal profile on our website (“profile data”).  The profile data may include your name, address, telephone number, email address, profile pictures, and company name.  The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services. 
  5. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data”). The transaction data may include first and last names, an email address to be used as a login, billing contact information, credit card number and a password. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests.   
  6. We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication.  Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services. 
  7. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is the protection and assertion of our legal rights, your legal rights and the legal rights of others. 
  8. In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. 
  9. Please do not supply any other person’s personal data to us unless we prompt you to do so and you have that person’s authorization to provide such, which we may verify via a method chosen in our sole discretion.

Non-Personally Identifiable Information: Non-Personally Identifiable Information is information that does not identify a specific person. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to the Site or otherwise participating in TopData Search and other Services, the URL of the website you visit after leaving the Site, the type of browser you are using, your Internet Protocol (“IP”) address, mobile carrier information, mobile device information, or general and/or aggregated location data that does constitute Personally Identifiable Information. We, and/or our authorized third parties may automatically collect this information when you visit or use TopData Search and other Services using electronic tools like Cookies and Web beacons or Pixel tags, as described below in this Privacy Policy.  We use Non-Personally Identifiable Information to troubleshoot, administer TopData Search and other Services, analyse trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized third parties to measure the overall effectiveness of our products and services.

Providing your personal data to others: We may disclose your personal data to one or more of those selected third-party providers of products or services on or linked from our website, identified on our website for the purpose of enabling them to provide you with products.  

In addition to the specific disclosures of personal data set out in this section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

Release of Non-Personally Identifiable Information: We may disclose or share Non-Personally Identifiable Information with third party service providers and the public. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) or use third party service providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our users to administer our services. We may also publish this aggregated information for promotional purposes. Such data is collected on our behalf and is owned and used by us.

Choices on Collection/Use of Information: You can always choose not to provide certain information, although a certain level of information is required to engage and participate in TopData Search and other Services.

 

Additional Rights: In addition to the rights already recorded above, if you are based in the EEA, you may have the following additional rights in relation to the personal information we hold about you.

In this Section we have summarized the rights that you may have under data protection laws in the EEA. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

Your principal rights under data protection laws in the EEA are:

  1.   the right to access;
  2.   the right to rectification;
  3.   the right to erasure;
  4.   the right to restrict processing;
  5.   the right to object to processing;
  6.   the right to data portability;
  7.   the right to complain to a supervisory authority; and 
  8.   the right to withdraw consent.

If you are based in the EEA, you have the right to confirmation as to whether we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

You have the right to have any inaccurate personal data about you rectified and, considering the purposes of the processing, to have any incomplete personal data about you completed.

In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully process. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To the extent that the legal basis for our processing of your personal data is:

          (a)    consent; or

          (b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal or the lawfulness of processing under any other legal basis.

If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection.

You may access your personal information that we hold by contacting us at [email protected].  Let us know you would like a copy of the personal information we keep about you and we will provide it. However, we reserve the right to charge you a reasonable amount for providing copies of any personal information you request, to take into account the time, cost and effort involved.

You may request that the personal information we hold about you be corrected by contacting us.  If we do not agree to your request for a correction, you may then request that we take reasonable steps to attach to the information a statement of the correction sought but not made. 

Please be aware that some of these rights may be limited or unavailable where we have an overriding interest or legal obligation to continue to process the data, or where data may be exempt from disclosure.

Notice of Privacy Rights to California Residents. 

California law requires that we provide you with a summary of your privacy rights under California Civil Code Section 1798.83 (“Civil Code 1798.83”), the California Online Privacy Protection Act (“COPPA”) and the California Consumer Privacy Act (“CCPA”). 


California Civil Code 1798.83 (the “Shine the Light” law).

Under Civil Code 1798.83 users who are California residents may request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year.  If you are a California resident and would like to make such a request, submit your request to [email protected]. Please include that you would like to know what information we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information per Civil Code 1798.83.  Include your name and email so we can verify who you are and find you in our database. 


California Online Privacy Protection Act (“CalOPPA”)

MountainTop Data and this site and privacy policy comply with all aspects of CalOPPA. If you have any questions or concerns please contact us by email at [email protected]

 

California Consumer Privacy Act (“CCPA”)

The CCPA provides California residents the right to opt-out from the sale of personally identifiable information to third parties as well as the right to access and delete your personal information. To opt-out of having your information sold to 3rd parties and/or to request we delete personal information, please send an email to [email protected] or use the below form. When contacting us, please indicate your name, email address, that you are a California resident contacting us under CCPA and whether you would like to opt-out of having your information sold to 3rd parties and/or, to request we delete personal information, and/or to request we let you know what personal information we have on you.

If you choose to submit a request using the below button/form or an email that is different from the email you are inquiring about we will require proof of identity which may include an email verification response or other information to confirm you are the owner of the information you are inquiring about and are a California resident.


If this form is not available you may submit your request to [email protected]

Notice of Privacy Rights to Colorado Residents. 

The Colorado Data Privacy Act (CPA) requires among other things that businesses that collect consumer data must obtain consent prior to an array of activity activity, including: (1) sensitive data or personal data concerning children; (2) selling a consumer’s personal data; (3) processing a consumer’s personal data for targeted advertising and much more.  Data collected and used by MountainTop Data is business contact information, not consumer information so the CPA does not apply to us.   Colorado residents may contact us at [email protected] with any question or concerns, including requests for the type of information we have on them. 

MountainTop Data and this site and privacy policy comply with all aspects of CPA. If you have any questions or concerns please contact us by email at [email protected]

General Data Request?
If you are not a California resident but still would like to know what information we have about you and/or opt-out of having us provide your information to 3rd parties please submit a request to [email protected].  A request does not guarantee we will remove your information, but once we have verified your identity we may remove your information from use in any of our products and not make it available to any third parties.  At your request we may also remove your information from our customer database.  Removing your information from our customer database will prevent us from providing you with any services and if you already use services you will need to cancel them before we can remove your information.  If we decide to remove your information not all information will be removed.  For instance we will keep a record or your information so we know it’s removal was requested and carried out.   If you request service cancellation you may not be eligible for any refund for any outstanding orders, credits, or otherwise.


Please refer any questions relating to data privacy to [email protected]