Thumbstop Media Ltd. Terms & Conditions

1. Introduction

1.1 Agreement Overview

Welcome to Thumbstop Media LLC (“Thumbstop Media”, “we”, “our”, or “us”). These Terms and Conditions govern your access to and use of our services, including our data collection, processing, and automation services. By accessing or using our services, you agree to be bound by these terms.

1.2 Effective Date

These Terms and Conditions are effective as of June 29th, 2024. We reserve the right to update or modify these terms at any time with notice to clients.

2. Definitions

• “Services” refers to our digital marketing and sales intelligence services.
• “Platforms” refers to our technology stack including but not limited to Clay, Apollo, LinkedIn, LinkedIn Sales Navigator, Trigify, and associated tools.
• “Data” refers to any information collected, processed, or generated through our services.
• “Client” refers to any individual or entity engaging our services.
• “Automation Tools” refers to integration platforms such as Make.com and Zapier.

3. Services Provided

3.1 Core Services

Thumbstop Media provides digital marketing and sales intelligence services, including:

• Outbound marketing automation.
• Sales intelligence and lead generation.
• Data enrichment and verification.
• Multi-platform integration services.
• Automated workflow creation and management.

3.2 Data Collection Methods

We collect and process data through:

• Professional networking platforms (LinkedIn, Sales Navigator).
• Data enrichment tools (Clay, Apollo).
• Automation platforms (Trigify).
• Direct client interactions via:
• Pop-up modals.
• Calendar bookings.
• Onboarding forms.
• Zoom meetings.
• Fireflies recordings.
• Clay.com platform.

3.3 Platform Integration

Services utilize automation tools including Make.com and Zapier.

Data transfers occur via:

• Secure webhooks.
• API integrations.
• Manual export/import methods (CSV).
• Integration methods are subject to our security protocols.

4. Data Processing and Privacy

4.1 Compliance Framework

We adhere to:

• General Data Protection Regulation (GDPR).
• California Consumer Privacy Act (CCPA).
• Other applicable data protection regulations.

4.2 Data Retention

• Standard retention period of 2 years.
• Specific retention periods may be modified by individual agreement.
• Data deletion available upon request subject to legal requirements.

4.3 Data Categories and Ownership

a) Client-Provided Data

• All data directly provided by the client.
• Client maintains full ownership.
• Examples: contact lists, customer databases, sales records.

b) Third-Party Sourced Data

• Data collected from public sources and third-party platforms.
• Subject to respective platform terms and conditions.
• Usage rights granted within platform limitations.

c) Enriched Data

• Data enhanced through our processes and tools.
• Combined data from multiple sources.
• Derivative insights and analytics.

4.4 Usage Rights

a) Client Rights

• Right to access their original data.
• Right to export provided data.
• Right to request data deletion.
• License to use enriched data per agreement terms.

b) Thumbstop Media Rights

• Right to process client data for service delivery.
• Right to use anonymized data for service improvement.
• Right to create and retain derivative works.
• Right to use aggregated, non-identifiable data.

5. Data Accuracy and Verification

5.1 Data Quality Standards

a) Collection Standards

• Multi-source verification protocols.
• Currency and freshness standards.
• Completeness requirements.
• Accuracy validation methods.

b) Verification Processes

• Automated verification through multiple platforms.
• Cross-reference checking procedures.
• Regular data validation cycles.
• Quality assurance protocols.

5.2 Known Limitations

a) Source Limitations

• Public data availability constraints.
• Third-party platform restrictions.
• Real-time update limitations.
• Data freshness parameters.

b) Processing Limitations

• Automation accuracy boundaries.
• Integration timing constraints.
• Platform-specific limitations.
• Update frequency restrictions.

a) Contact Information Verification

• Multi-source verification process
• Weekly validation cycles
• Best effort verification through available sources
• Regular updates based on platform data

b) Company Data Validation

• Cross-referenced through multiple platforms
• Monthly comprehensive updates
• Verification through official sources
• Regular accuracy audits

c) Professional Details

• Verification based on available platform data
• Updates as new information becomes available
• Cross-platform validation where possible
• Source-dependent accuracy verification

d) Engagement Data

• Real-time tracking and verification
• Daily synchronization across platforms
• Automated accuracy monitoring
• System-level validation protocols

5.4 Accuracy Dispute Resolution

a) Reporting Process

• Clear procedure for accuracy disputes.
• Required documentation.
• Response timelines.
• Resolution steps.

b) Resolution Steps

• Investigation process.
• Verification methodology.
• Update procedures.
• Client communication.

6. Client Responsibilities

6.1 Account Security

• Maintain confidentiality of account credentials.
• Notify us immediately of any security breaches.
• Ensure authorized use of provided services.

6.2 Data Verification

• Review provided data for accuracy.
• Report inaccuracies promptly.
• Provide corrections when applicable.
• Maintain accurate input data.

   

6.3 Compliance Requirements

Clients must:

• Provide accurate information.
• Maintain necessary permissions for data use.
• Comply with applicable laws and regulations.
• Respect intellectual property rights.

   

7. Payment Terms

7.1 Fees

• Service fees as specified in individual agreements.
• Additional services billed at agreed rates.
• Platform costs may be billed separately.

   

7.2 Payment Schedule

• Payment terms as specified in service agreements.
• Late payments subject to additional fees.
• Service suspension for non-payment.

   

8. Intellectual Property

8.1 Ownership

• We retain rights to our proprietary methods and technology.
• Clients retain rights to their original data.
• Derived data rights as specified in individual agreements.

8.2 Usage Rights

• Limited license to use our services.
• No transfer of intellectual property rights.
• Restrictions on reverse engineering.

9. Limitation of Liability

9.1 Service Limitations

We are not liable for:

• Third-party platform availability.
• Data accuracy beyond specified commitments.
• Network or communication failures.
• Force majeure events.

9.2 Damages

• Liability limited to fees paid for services.
• No liability for consequential damages.
• Specific limitations as per individual agreements.

10. Term and Termination

10.1 Term

• Initial term as specified in service agreement.
• Automatic renewal unless canceled.
• Modification terms.

10.2 Termination Rights

• Either party may terminate with notice.
• Immediate termination for material breach.
• Data handling post-termination.

10.3 Post-Termination

• Data return or deletion.
• Confidentiality obligations survive.
• Payment obligations remain.

11. Governing Law and Jurisdiction

• Terms governed by Ontario, Canada law.
• Exclusive jurisdiction in Ontario courts.
• Alternative dispute resolution options.

12. Modifications

We reserve the right to modify these terms with:

• Notice of significant changes.
• Continued use constituting acceptance.
• Prior version archiving.

13. Contact Information

For questions or concerns:

• Email: admin@thumbstopmedia.com
• Website: www.thumbstopmedia.com

Last Updated: June 29th, 2024