Precision Marketing Terms and Conditions

Precision Marketing Terms and Conditions

1. “Clients” are individuals in Company’s CRM or business contact list with whom Company has or had a business relationship. Company represents and warrants that its CRM or business contact list (“Company Data”) will contain actual Clients and not consumers from lists provided by third parties.

2. Company warrants and agrees that the home page of its website(s) or application(s) contains a prominent and accessible link to a privacy policy (or similarly named policy), which shall meet all requirements in Applicable Laws and set forth in clear and reasonably understandable language: (i) the data that it collects from consumers; (ii) how it sells or shares such data; (iii) how it uses such data, which shall include a description of the Services provided hereunder to the extent personal information or data is used (but shall not identify CoreLogic as the provider of the Services); and (iv) any other content required under Applicable Laws. Company must also provide a conspicuous link to the Company’s opt-out page, as well as any other notices required by Applicable Laws. “Applicable Laws” shall be defined as all applicable federal and state consumer protection and data privacy laws, rules, regulations, codes, and ordinances (for example, the California Consumer Privacy Act, as amended).

3. CoreLogic hereby recommends that Company include, among other language, the following language (“Recommended Disclosure”) in Company’s Privacy Policy: “We may work with data providers or other third-parties (“providers”) to market to you. When you provide your personal information, we may share it with these providers who may link it to your precise location information and device identifiers. To opt out of this, please visit our opt-out page.”

4. To the extent, under Applicable Laws, CoreLogic and its Precision Marketing Partner (El Toro.com LLC) act as a service provider or third party or processor of Company Data in providing Services, and Company Data includes personal information or data of individuals, as defined by such laws, CoreLogic hereby agrees (and will contractually require its Precision Marketing Partner to agree) (i) to comply with Company’s instructions for use of Company Data, including any restrictions on the use of the data; (ii) to undertake appropriate security measures of the data, including but not limited to maintaining control processes in line with industry best practice; (iii) to ensure that each person processing personal data is subject to a duty of confidentiality with respect to the data; (iv) to maintain Company Data segregated on its server(s) and destroy Company Data within ninety (90) days of the completion of all Services for Company, unless retention of the personal data is required by Applicable Laws; (v) to make available to Company information necessary to demonstrate its compliance with Applicable Laws, as determined by CoreLogic in CoreLogic’s sole discretion; (vi) to assist in the processing of any relevant consumer requests, compliance audits, and data assessments, as required by Applicable Laws; (vii) to contractually require subcontractors used in the provision of Services to meet obligations under Applicable Laws with respect to personal information or data; and (viii) in the event CoreLogic determines it can no longer meet its obligations under Applicable Laws, CoreLogic shall notify Company and CoreLogic after making such determination.

5. Company is responsible for processing all opt out requests from Clients. Company shall not include Clients who have opted out in the input file. To the extent that any opt out requests are received after an input file submission, Company may indicate such opt out via a setting within the Services. Such opt out setting will suppress the Client in the Services but will not delete the Client from the input file. Company will not include any Clients in an input file refresh who have opted out since the last input file submission.

6. Company shall provide to CoreLogic feedback on the application’s user interface, data quality and performance (collectively, “User Feedback”). Specifically, Company shall provide feedback on engagement with the identified home shoppers using the application’s “contact status” update feature. Company shall further update home shoppers annotated with the “Moving to Pre-Qual” contact status outside of the application with status of “Loan Application Submitted,” “Loan Closed,” or “Defected.” Company shall share these statuses with CoreLogic within fifteen (15) days of expiration or termination of this Agreement. User Feedback is considered confidential between the parties. Company shall not disclose, disseminate, reproduce, or publish any portion of the User Feedback to any third party. User Feedback is not subject to Section 3(e) (Destruction of Materials) of the Evaluation Terms and Conditions.

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