Privacy Policy


whowascalling.com, and each of its related web sites (“Who Was Calling”) Privacy Policy

Last updated September 26, 2010.

This Privacy Policy outlines important information regarding the use and disclosure of information collected via this Website. Who Was Calling provides this Privacy Policy to help users make an informed decision as to whether to use or continue using the Website.

PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. Who Was Calling DOES NOT PROVIDE NOTICES OF CHANGES IN ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB SITE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY PLEASE DO NOT PROVIDE ANY INFORMATION TO Who Was Calling OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEB SITES REFERRED IN THIS PRIVACY POLICY.

This Privacy Policy applies to Who Was Calling’s collection, use, storage and disclosure of information by Who Was Calling on its (a) websites, including all its divisions, subsidiaries and related companies (collectively, the “Website”), (b) on various third party websites, and (c) to Who Was Calling’s other information collection, including the purchase of customer lists from third parties. Who Was Calling is not responsible for the information collection or privacy practices of third web sites or applications.

By reference, this Privacy Policy is incorporated into and is subject to the Website Terms of Use. Your use of the Website and any personal information you provide via the Website or through other official Who Was Calling contact remains subject to this Privacy Policy, as well as the Terms of Use and/or other stated policies.

1. Collection of Information.

1.1 Survey Information.

Who Was Calling collects information from individuals by various methods, including, but not limited to, when an individual voluntarily completes an Who Was Calling survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by third parties (collectively, a “Survey”). (As used herein, “online” means using the Internet, including the Website, and related technologies, and “offline” means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, Who Was Calling or a third party (a “Third Party”) may ask an individual to provide various information to Who Was Calling, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time (together, “Survey Information”). Who Was Calling may also collect information concerning an individual from another source and use that information in combination with information provided from this Web Site. Completing the Surveys is completely voluntary, and individuals are under no obligation to provide Survey Information to Who Was Calling or Third Party, but an individual may receive incentives from Who Was Calling or a Third Party in exchange for providing Survey Information to Who Was Calling.

1.2 Third Party List Information.

Who Was Calling collects information from individuals when an individual provides information to a Third Party and Who Was Calling subsequently purchases, licenses, or otherwise acquires the information from the Third Party (the “Seller”). Such purchased information may include, but is not limited to, an individual's name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, “Third Party List Information”). When acquiring Third Party List Information, Who Was Calling seeks assurances from the Seller that the Seller has a right to transfer the Third Party List Information to Who Was Calling and that the Seller has a right to provide offers from advertisers to the individuals whose personal information is included on the Seller's list.

1.3 Other Information.

Other occasions when Who Was Calling obtains information from individuals include (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by Who Was Calling or by a Third Party, (2) when an individual requests assistance through Who Was Calling’s customer service department, and (3) when an individual voluntarily subscribes to a Who Was Calling service or newsletter (together, “Other Information”).

1.4 Cookies, Web Beacons, and Other Info Collected Using Technology.

Who Was Calling currently uses cookie and web beacon technology to associate certain Internet-related information about an individual with information about the individual in our database. Additionally, Who Was Calling may use other new and evolving sources of information in the future (together, “Technology Information”).

(a) Cookies. A cookie is a small amount of data stored on the hard drive of the individual's computer that allows Who Was Calling to identify the individual with his or her corresponding data that resides in Who Was Calling’s database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Website need to accept cookies in order to use all of the features and functionality of the Website.

(b) Web Beacons. A web beacon is programming code that can be used to display an image on a web page (by using an <img src=“x”> programming function -- see http://truste.org for more information), but can also be used to transfer an individual's unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows Who Was Calling to track certain web sites an individual visits online. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes. For example, Who Was Calling might place, with the consent of a Third Party website, a web beacon on the Third Party's website where baseball products are sold. When Joe, an individual listed in Who Was Calling’s database, visits the fishing website, Who Was Calling receives notice by means of the web beacon that Joe visited the baseball site, and Who Was Calling would then update Joe's profile with the information that Joe is interested in baseball. Who Was Calling may thereafter present offers of baseball related products and services to Joe. In addition to using web beacons on web pages, Who Was Calling also uses web beacons in email messages sent to individuals listed in Who Was Calling’s database.

(c) New Technology. The use of technology on the Internet, including cookies and web beacons, is rapidly evolving, as is Who Was Calling’s use of new and evolving technology. As a result, Who Was Calling strongly encourages individuals to revisit this policy for any updates regarding its use of technology.

1.5 Outside Information.

Who Was Calling may receive information about individuals from Third Parties or from other sources of information outside of Who Was Calling including information located in public databases (“Outside Information”).

1.6 Individual Information.

As used herein, Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, and Outside Information, and any other information Who Was Calling gathers or receives about individuals such as usage data, file transfer and viewing data.

1.7 No Information Collected from Children.

Who Was Calling will never knowingly collect any personal information about children under the age of 13. If Who Was Calling obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because it does not collect such information, Who Was Calling has no such information to use or to disclose to Third Parties. Who Was Calling has designed this policy in order to comply with the Children's Online Privacy Protection Act (“COPPA”).

1.8 Credit Card Information.

Who Was Calling may in certain cases collect credit card numbers and related information, such as the expiration date of the card (“Credit Card Information”) when an individual places an order from Who Was Calling. When the Credit Card Information is submitted to Who Was Calling, such information is encrypted and is protected with SSL encryption software. Who Was Calling will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction.

Log File Data: When users log-in to access their account, our servers will automatically record and archive certain information that web-browsers send whenever visiting a Website. These server logs may include information vital to validating the user’s authorization to access the account. Information, such as a Web request, Internet Protocol (the “IP”) address, browser type, browser language, referring pages, exit pages and visited URLs, platform type, click counts, pages viewed and in what order, time spent, the date and time of the request, and other important data is necessary to validate and authorize a user’s entry and activity on the Website.

2. Use of Individual Information.

2.1 Discretion to Use Information.

THE COMPANY MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN COMPANY'S SOLE DISCRETION.

The following paragraphs in Section 2 describe how Who Was Calling currently uses Individual Information, but Who Was Calling may change or broaden its use at any time. As noted, Who Was Calling may update this policy from time to time. Who Was Calling may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses.

2.2 Email.

Who Was Calling uses Individual Information to provide promotional offers by email to individuals. Who Was Calling may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all Who Was Calling’s email lists, a person must send an email to us.

2.2(a) Content of Email Messages.

In certain commercial email messages sent by Who Was Calling, an advertiser's name will appear in the “From:” line but hitting the “Reply” button will cause a reply email to be sent to Who Was Calling. The “Subject:” line of Who Was Calling email messages will usually contain a line provided from the advertiser to Who Was Calling.

2.2(b) Solicited Email.

Who Was Calling only sends email to individuals who have agreed on the Website to receive email from Who Was Calling or to individuals who have agreed on Third Party websites to receive email from Third Parties such as Who Was Calling. Who Was Calling does not send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to Who Was Calling’s email messages.

2.3 Targeted Advertising.

Who Was Calling uses Individual Information to target advertising to an individual. When an individual is using the Internet, Who Was Calling uses Technology Information (see also Section 2.5 below) to associate an individual with that person's Individual Information, and Who Was Calling attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. Who Was Calling may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.

2.4 Direct Mail and Telemarketing.

Who Was Calling uses Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones.

2.5 Mobile Phone SMS Messaging.

In certain cases, when requested by an individual, a Third Party may use Individual Information to provide customized content and advertising via SMS messaging to an individual’s cell phone. Who Was Calling is not responsible for the privacy practices or the content of such Third Parties.

2.6 Use of Technology Information.

Who Was Calling uses Technology Information (1) to match a person's Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person's online browsing habits on the Internet, (3) to determine which areas of Who Was Calling’s web sites are most frequently visited. This information helps Who Was Calling to better understand the online habits of individuals so that Who Was Calling can target advertising and promotions to them.

2.7 Profiles of Individuals.

Who Was Calling uses Individual Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Individual Information such as information obtained from public databases.

2.8 Storage of Individual Information.

Who Was Calling stores the Individual Information in a database on Who Was Calling computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under Who Was Calling’s control. Not withstanding such measures, Who Was Calling cannot guarantee that its security measures will prevent Who Was Calling computers from being illegally accessed, and the Individual Information on them stolen or altered.

3. Dissemination of Individual Information.

3.1 Sale or Transfer to Third Parties.

Who Was Calling MAY SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE IN Who Was Calling’S SOLE DISCRETION.

3.2 Order Fulfillment.

Who Was Calling will transfer Individual Information to Third Parties when necessary to provide a product or service that a person orders from such Third Party while using Who Was Calling web sites or when responding to offers provided by Who Was Calling.

3.3 Legal Process.

Who Was Calling may disclose Individual Information to respond to subpoenas, court orders, and other legal processes.

3.4 Summary Data.

Who Was Calling may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.

4. Privacy Practices of Third Parties.

4.1 Advertiser cookies and web beacons.

Advertising agencies, advertising networks, and other companies (together, “Advertisers”) who place advertisements on the Website and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Who Was Calling does not control Advertisers' use of such technology and Who Was Calling has no responsibility for the use of such technology to gather information about individuals.

4.2 Links.

The Website and email messages sometimes contain hypertext links to the web sites of Third Parties. Who Was Calling is not responsible for the privacy practices or the content of such other web sites. Linked web sites may contain links to web sites maintained by Third Parties. Such links are provided for your convenience and reference only. Who Was Calling does not operate or control in any respect any information, software, products or services available on such Third Party web sites. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

4.3 Affiliated Companies.

Who Was Calling may disclose, transfer, and sell Individual Information to entities affiliated with Who Was Calling in Who Was Calling’s discretion. Should Who Was Calling be subject to an acquisition, merger, sale or other change of control or business entity status, Who Was Calling reserves the right to transfer or assign the Information collected from the Website.

5. Individuals Outside of the United States.

Anyone using the Website outside of the United States acknowledges that personal information will be collected and stored by Who Was Calling in the United States. By using the Website, you consent to the transfer of information to and/or storage of information outside of your country and in the United States.

6. Unsubscribe Procedures.

If you wish to discontinue receiving email messages from Who Was Calling, you have several options:

1. Unsubscribe from one email list. To unsubscribe from a particular list, either (1) send an email to the email address on our contact page or (2) follow the instructions in each promotional email message sent by Who Was Calling.

2. Unsubscribe from all of Who Was Calling's email lists.



We reserve the right to add Individual Information to multiple lists maintained by Who Was Calling. To globally unsubscribe from all of Who Was Calling’s lists, send an email to the address listed on our contact page.