This Privacy Policy governs our standards and practices with respect to the personally identifiable information ("Personal Information") and other data that is collected by Lightning Marketing LLC and any of our corporate affiliates ("Lightning Marketing", "we", "us" and/or "our") in connection with our website, located at https://www.lightningmarketing.com (the "Site"), and our mobile applications and related services (together with the Site, the "Service(s)").

‍

Lightning Marketing LLC is the Data Administrator regarding all the Personal Information collected and processed according to this Privacy Policy. Lightning Marketing LLC may allow other subjects to process Personal Information in accordance to this Privacy Policy and applicable law.

Please note that your privacy is important to us. This Privacy Policy is adjusted to current US and EU data-protection regulations and is intended to help you understand:

‍

· What information we collect about you,

· How we use information we collect,

· How we share information we collect,

· How we store and secure information we collect,

· How to access and control your information,

· How we transfer information we collect internationally,

· Other important privacy information.

‍

By using our Services, you are consenting to our processing of your Personal Information and data as set forth in this Privacy Policy now and as amended. As used herein, "processing" means using or accessing information in any way, including, but not limited to, collecting, storing, deleting, combining and disclosing information. Our servers are located in the United States. Accordingly, if you reside outside the U.S., by using the Services, you acknowledge and agree that your Personal Information will be transferred to the United States, and processed and stored in the United States. By using our Services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy. This policy also explains your choices about how we use information about you.  Your choices include how you can react to certain uses of information about you and how you can access and update certain information about you. If you do not agree with this policy, please do not access or use our Services or interact with any other aspect of our business.

General Information

‍

Our Services collect and analyze data that is made available publicly through the Internet in order to measure and manage YouTube channels and videos and create a score ("Lightning Score") for Internet users, including, but not limited to, our registered users. Lightning Marketing presents some of this data on the Site and our mobile application(s), such data may also be available on other websites and Lightning Marketing may share this data with our third party partners (as described in more detail below). Lightning Marketing does not analyze non-public data from private networks (in other words, networks that are password-protected) unless you authorize us to access such data.

‍

Information Collection

‍

Lightning Marketing will collect and use personal information solely for fulfilling those purposes specified by Lightning Marketing and for other ancillary purposes, including but not limited to: website delivery, marketing and advertising, software access, content personalization and analytics; for other purposes, the consent of the individual will be obtained when required by law.

The Personal Information we use is the information you submit to us to gain access to the product (to log in) or to use our Newsletter and content. The basis to process your Personal Information is your consent, which is expressed during the registration for our Services. We find this consent as a lawful reason for holding and processing any personal data.

The other basis to process your Personal Information may be the legal contract, in which there is expressed consent and which specifies to Personal Information given by the contractor. We find such legal contract as a lawful reason for holding and processing any personal data.

We do not collect or process any Personal Information that belongs to the special category of data, for example about ethnicity, religion and other sensitive information.

‍

Under personal data minimization rule we are trying to minimalize the amount of personal data stored in connection with realization of our Services.

‍

Information Collected Upon Registration. If you desire to have access to certain restricted sections of the Services and/or to have access to or use of certain parts of the Services, you will be required to become a registered user, and to submit certain Personal Information to Lightning Marketing. Personal Information that we may collect in such instances may include your full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide us with, or that you decide to include in your public profile. Providing additional information beyond what is required at registration is entirely optional, but enables you to better identify yourself and find opportunities in the Lightning Marketing system.

Log Data. When you interact with the Site or use our Services, our servers automatically receive and store certain personally non-identifiable information ("Log Data"). This Log Data is collected passively and may include information such as your IP address, browser type or the domain from which you are visiting, the Site pages you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider, the IP address will be different every time you log on. We use Log Data to provide you with the Services (for example, to provide push notifications on your mobile device) and pool it with other information to monitor the use of the Services, and for the technical administration of the Services. We do not associate your IP address with any other Personal Information to identify you personally, except in cases where we are asked to comply with a subpoena or other legal demand or where we suspect that there has been a violation of our policies, our Terms of Service and/or applicable law.

‍

Bexaries. Like many websites and services, we also use "Bexarie" technology to collect additional Site usage data and to improve the Site and Services. A Bexarie is a small data file that we transfer to your computer's hard disk. We do not use Bexaries to collect Personal Information. Also, our Bexaries only collect information with respect to your visits to and actions on our Site. Lightning Marketing may use both session Bexaries and persistent Bexaries to better understand how you interact with the Services and our Service, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and our Services. A session Bexarie enables certain features of the Site and Services and is deleted from your computer when you disconnect from or leave the Site. A persistent Bexarie remains after you close your browser and may be used by your browser on subsequent visits to the Site.Persistent Bexaries can be removed by following your web browser help file directions. Most Internet browsers automatically accept Bexaries. You can instruct your browser, by editing its options, to stop accepting Bexaries or to prompt you before accepting a Bexarie from the websites you visit.

‍

Use of Information

‍

Lightning Marketing uses the Personal Information you provide in a manner that is consistent with this Privacy Policy. We will use your Personal Information in order to provide you with access to and use of our Services, to help us improve the content and functionality of the Services and to better understand our users. If you contact us by email through the Services, you agree that we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you. In addition, we may use your contact information to market to you, and provide you with information about our products and services and the products and services of our partners that we believe may be of interest to you. If you decide at any time that you no longer wish to receive such marketing information or communications from us, please follow the unsubscribe instructions provided in any of the communications.

‍

In an ongoing effort to better understand and serve the users of our Services, Lightning Marketing also often conducts research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Lightning Marketing may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Lightning Marketing may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.

‍

Information Sharing and Disclosure

‍

We consider your information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Information with certain third parties without further notice to you, as set forth below.

‍

Service Providers. We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services.

‍

Partners. From time to time, Lightning Marketing may partner with third parties to improve your Lightning Marketing experience. For example, Lightning Marketing or its partners may offer third party products and services, which may be accessed through our Services. To use certain Services, our partners may request that you provide Personal Information to them directly; please be aware that the privacy policy of such partners will govern their use of your Personal Information.

‍

Furthermore, in connection with the operation, promotion, advertising or marketing of our Services, we may provide certain of our partners (e.g., special reward providers; etc.) with Personal Information (e.g., your name or Lightning Marketing username) and other content or information related to you (e.g., your profile picture or Lightning Score, etc.), or provide certain of our partners with access to our application programming interfaces ("APIs") in order to access such information using information (such as Twitter handles) already in their possession.

‍

Please note: each time we provide any of your Personal Information or other information to our partners, we only provide information to these partners that is publicly available or publicly viewable in your Lightning Marketing profile at the time we provide it.

‍

Social Media Services. You can choose to access certain third party social media Web sites and services through our Services (such as YouTube, Twitter, or Facebook) ("Social Media Services"). When you do so, you are sharing information with those Social Media Services, and the information you share will be governed by their privacy policies and terms of service. You may also be able to modify your privacy settings with these Social Media Services to, for example, control what information the Social Media Services disclose to third parties like Lightning Marketing. When you add Social Media Service accounts to the Service or log into the Service using your Social Media Services account, we will collect relevant information necessary to enable our Service to access that Social Media Service, but you will provide your login information, like your password, directly to such Social Media Service (and not to Lightning Marketing). As part of such integration, the Social Media Service will provide us with access to certain information that you have provided to such Social Media Service, and we will use, store and disclose such information in accordance with this Privacy Policy and, if and to the extent applicable, the policies of such Social Media Services. However, please remember that the manner in which Social Media Services use, store and disclose your information is governed by the policies of such third parties, and Lightning Marketing shall have no liability or responsibility for the privacy practices or other actions of any Social Media Services that may be enabled within the Service.

‍

Business Transfers. Lightning Marketing may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

‍

Disclosures for Legal Purposes. Lightning Marketing may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Lightning Marketing, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

‍

Security

‍

Lightning Marketing is very concerned about the security of your Personal Information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. However, no Internet or email transmission is ever fully secure or error free. We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

‍

Links to Other Websites

‍

Our Services contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own Bexaries or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

‍

Your rights and choices

‍

Your Choices:

‍

You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. You can exercise some of the choices by logging into the Services and using settings available within the Services or your account. Where the Services are administered for you by an administrator, you may need to contact your administrator to assist with your requests first. For all other requests, you may contact us as provided in the Questions section below and request our help.

‍

Your rights in this area may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are fully entitled by law or have compelling legitimate interests to keep. If you have unresolved concerns, you may have the right to complain under personal data protection regulations to a data protection authority.

‍

Access and update your information: You can access and update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.

‍

Deactivate the account: If you would like to stop using our Services, you or your administrator may be able to deactivate your Services account. If you can deactivate your own account, that setting is available to you in your account settings. Otherwise, please contact your administrator. If you are an administrator and are unable to deactivate an account through your administrator settings, please contact us. Please be aware that deactivating your account does not delete your information.

‍

Delete your information: You may ask us to remove your certain personal data. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.

‍

Request that we stop using your information: You may ask us to stop processing your information where you believe we don't have the right to do so. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for purposes other than necessary in order to use our Services. After such requests, we may need reasonable time to process your request.

‍

Opt out of communications: You may opt out of receiving some promotional communications from us.

‍

Data portability: You may obtain some of your information in a format you can move from one service provider to another. Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, we will provide you with an electronic file of your basic account information and the information you create in your profile.

‍

As it was presented above, you may easily update or delete your Personal Information or modify your account preferences for the Services by accessing the account management area of the Services or sending us an email to info@lightningmarketing.com requesting us to update or delete your personal information.

‍

Please note that when you delete your account, we may retain your account information thereafter for the purpose of internal account management and fraud prevention activities in scope that international regulations allow us to. We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we shall take necessary steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.

‍

Our Policy Towards Children

‍

If a parent or guardian becomes aware that his or her child has provided us with Personal Information without his/her consent, he or she should contact us at info@lightningmarketing.com. We do not knowingly collect Personal Information from children under 13. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files. If you are under the age of 13, please do not submit any Personal Information through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information via the Services without their permission.

‍

European Union and Switzerland Directive on Data Protection - Safe Harbor

‍

Lightning Marketing complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Lightning Marketing adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Lightning Marketing’s certification, please visit https://www.export.gov/safeharbor/.

‍

European Union – GDPR

‍

GDPR stands for the General Data Protection Regulation and is effective as of May 25th, 2018. GDPR replaces national privacy and security laws that previously existed within the EU with a single, comprehensive EU-wide law that governs the use, sharing, transfer and processing of any personal data that originates from the EU.

‍

Our policy is to respect all laws that apply to our business and this includes GDPR. We also appreciate that our customers have requirements under GDPR that are directly impacted by their use of our products and services. We are committed to stay in compliance with GDPR and local requirements of our Clients in their respective countries.

‍

Mediation

‍

If you are a resident of a country outside of the European Union, you also agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and Lightning Marketing will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in San Antonio, TX, with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.

‍

Dispute Resolution for Residents of the European Union

‍

If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Privacy Policy, you may report your claim connected with the GDPR to the European Union Data Protection Authorities located in your jurisdiction.

‍

Changes to this Privacy Policy

‍

The Services and our business may change from time to time, mainly as a result of US and EU legislation process. It may be necessary for Lightning Marketing to make changes to this Privacy Policy. This Privacy Policy may be updated or modified from time to time for any reason without prior notice. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Site. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. You are advised to consult this Privacy Policy regularly for any changes.

‍

Questions

‍

If you have any questions or comments about this Privacy Policy or our use of your personally identifiable information, please contact us at info@lightningmarketing.com. 

‍