LIST BUILDING CLUB PRIVACY POLICY
-- IMPORTANT -- PLEASE READ

LAST UPDATED: February 27, 2009


This List Building Club Privacy Policy (“Privacy Policy”) describes the
commitment to your privacy on the part of Overcome Everything, Inc. and
Mining Gold Corporation (referred to collectively as the “List Building
Club,” “we” and “us”).

PERSONS OR PARTIES COVERED

 

 

This Privacy Policy applies to all visitors to the List Building Club
website located at www.listbuildingclub.com (the “Website”), all
subscribers to List Building Club-sponsored lists and/or newsletters
(whether paid or unpaid), all members and/or affiliates of the List
Building Club (whether paid or unpaid) and all customers that purchase
products and/or services via the Website or otherwise from the List
Building Club.

Persons who visit or view the Website, whether
intentionally or unintentionally, whether solicited or unsolicited, are
referred to herein as "Visitors" and are subject to this Privacy Policy.
Subscribers to List Building Club-sponsored lists and/or newsletters are
referred to herein as "Subscribers" and are subject to the Privacy Policy.
Persons who join an organization or marketing endeavor (e.g. "affiliates")
promoted by and through the Website, or otherwise by the List Building
Club, are referred to herein as "Members" and are subject to this Privacy
Policy. Individuals that order, attempt to order or receive products
and/or services that are sold, advertised on or delivered from the Website,
or otherwise by the List Building Club, even at no cost, are referred to
herein as "Customers" and are subject to this Privacy Policy.

If you are a resident of the State of California and would like to opt-out
from the disclosure of your personal information to any third party for
marketing purposes, please e-mail us at: Support@ListBuilding.com. Please
be advised that where California residents opt-out from permitting their
personal information to be shared, such individuals may still receive
selected offers directly from us, in accordance with the law.

MINORS

 

 

We do not knowingly collect information from individuals under eighteen
(18) years of age, or persons who are otherwise covered by the provisions
of the Children’s Online Privacy Protection Act of 1998, as amended
(“COPPA”). No information should be submitted to, or posted at, the
Website by individuals under eighteen (18) years of age. We encourage
parents and guardians to spend time online with their children and to
participate and monitor the interactive activities of their children.

VIEWING, USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS
OF THIS PRIVACY POLICY

 

 

Acceptance of the terms of this Privacy Policy is a portion of the
consideration required for your right to visit the Website. If you do not
accept the terms of this Privacy Policy in their entirety, you have no
right to visit the Website.


ABOUT THE PERSONAL INFORMATION THE LIST BUILDING CLUB COLLECTS AND HOW IT
IS USED

 

The List Building Club routinely collects information about Visitors,
Subscribers, Members and Customers. This information is obtained in
various ways, such as:


VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER INFORMATION OBTAINED FROM
REGISTRATION

For purposes of this Privacy Policy, “Registration” means that the Visitor,
Subscriber, Member or Customer, as applicable, takes active, positive steps
to communicate information to the List Building Club. This can include,
without limitation, where the individual: (a) registers for a newsletter or
subscribe to a mailing list; (b) participates in Visitor surveys; (c)
participates in promotions, contests and/or sweepstakes offered by the List
Building Club; (d) requests information from the List Building Club via
email, mail or courier; (e) joins, or attempts to join, an affiliate
program or other membership organization sponsored by the List Building
Club; and/or (f) orders a product through the Website or otherwise from the
List Building Club.

 

The information that you must supply in connection with Registration (as
further described below) may include, without limitation, some or all of
the following: (i) your full name; (ii) company name; (iii) e-mail address;
(iv) mailing address (and billing address if different); (v) home telephone
number; (vi) work telephone number; (vii) telecopier number; (viii) credit
card information; and/or (ix) any other information requested on the
applicable Registration form.

VISITOR EMAIL INQUIRIES

 

 

Website Visitors that wish to communicate with the List Building Club do so
under the following conditions: (a) they give their permission to be
contacted by the List Building Club; and (b) they are subject to any
‘submission’ provisions contained in the List Building Club Terms of Use,
List Building Club Purchase Agreement and/or this Privacy Policy. The
email address that you use in connection with your inquiry shall be added
to the List Building Club database.

CUSTOMER EMAIL OR TESTIMONIALS

 

 

If you are a Customer and you send an email to the List Building Club, or
if you communicate with the List Building Club by phone or U.S. mail, the
List Building Club shall collect information about your communication and
by communicating with the List Building Club, you give your permission for
the List Building Club to collect, archive, retrieve and otherwise use any
information collected as the List Building Club sees fit.

Any communication which, in its sole discretion, the List Building Club
deems to be a testimonial, may be publicized for commercial purposes.

 

 

INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER
SURVEYS


Unless otherwise specified in the survey, you must assume that any
information provided to the List Building Club as part of a survey in which
you participate may be used as set forth hereinbelow.

 

 

INFORMATION OBTAINED FROM ELECTRONIC MEANS AND COOKIES


We may collect certain non-personally identifiable information about you
when you visit many of the sections of the Website. This non-personally
identifiable information includes, without limitation, the type of browser
that you use (e.g., Netscape, Internet Explorer), your IP address, the type
of operating system that you use (e.g., Windows or Mac OS) and the domain
name of your Internet service provider (e.g., America Online, Earthlink).
We use the non-personally identifiable information that we collect to
improve the design and content of the Website and to enable us to
personalize your Internet experience. We also may use this information in
the aggregate to analyze Website usage, as well as to offer you products
and services. We also reserve the right to use aggregate or group data
about our Visitors for any and all lawful purposes. Aggregate or group data
is data that describes the demographics, usage and/or characteristics of
our visitors as a group. By visiting and/or supplying your personal
information at the Website, you agree to allow us to provide such aggregate
data to third parties.

 

"Cookies" is web jargon for bits of computer code placed on your hard
drive. The Website uses cookies to keep you 'logged in,' to keep track of
search criteria, to monitor use, to password protect use of the Website
and/or to track use of products and/or services sold by and through the
Website. Even in the case where a Visitor rejects a cookie, they may still
use our Website. The only drawback to this is that the Visitor may be
limited in what he/she can access in some areas on our Website. Cookies
can also be used to obtain information about your computer configuration or
your use of your computer. To find out more about cookies, including how
to disable and/or remove cookies, please visit www.cookiecentral.com.

 

HOW YOUR INFORMATION MAY BE USED

 

 

The personal information that you submit to us remains your property, but
by submitting such information to us you grant us the right, subject to
applicable state and federal law, to use the personal information (other
than credit card information) for marketing purposes. Without limiting the
generality of the foregoing, we reserve the right to share, sell, rent,
lease and/or otherwise distribute any and all personal information with/to
any third-party for any and all uses permitted by this Privacy Policy and
applicable law. These third parties may include, but shall not be limited
to: (a) providers of direct marketing services and applications, including
lookup and reference, data enhancement, suppression and validation; (b)
e-mail marketers; (c) telemarketers (where permitted by applicable law);
(d) SMS text-based marketers (where permitted by applicable law); and (e)
direct marketers. We may also use your personal information for any
promotion-related purpose, and/or marketing and survey purpose, on our own
behalf and on behalf of our affiliates and subsidiaries. We may disclose
personal information to third-party agents and independent contractors that
help us create and/or operate any promotions, surveys or other offerings.
You agree that we may contact you at any time with updates and/or any other
information that we may deem appropriate for you to receive in connection
with your continued use of the Website and any and all offerings made
available therein, or otherwise by the List Building Club.


We are able to offer our products and services to you, in part, based on
your willingness to be reached by our third-party advertisers. Your
personal information (other than credit card information) will be shared
with advertisers on an aggregate and non-aggregate basis. We also use
contact information from your personal information to send you information
about us, our products and services and to contact you about your billing
account status. Please keep in mind, though, that we do not control, and
are not responsible for, the practices of our third-party advertisers. If
you wish to stop receiving future communications from us and/or third party
advertisers, or if you wish to prevent the transfer and/or sale of your
personal information to third parties (subject to restrictions contained in
applicable state and federal law), please see the Opt-Out/Unsubscribe
section below.

You agree that by submitting your personal information to the List Building
Club, you agree to receive e-mail marketing from the List Building Club and
our third-party advertisers. In addition, you agree that such act
constitutes a purchase, an inquiry and/or an application for purposes of
the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”).
With respect to the ATSR, and notwithstanding that your telephone number
may be listed on the Federal Trade Commission’s Do-Not-Call List, we retain
the right to contact you via telemarketing in accordance with the terms of
the ATSR.

In addition, by submitting your personal information to the List Building
Club, you agree to receive mobile marketing including, but not limited to,
text-message based marketing, from us and our third party advertisers and
marketers (where, and to the extent that, such marketing is permitted by
applicable law). As such, notwithstanding that your mobile telephone
number may be listed on state and/or federal Do-Not-Call registries, we
retain the right to contact you via text-message based marketing in
accordance with applicable state and federal law. Further, you agree that
we reserve the right to share, sell, rent, lease and/or otherwise
distribute your mobile telephone and other mobile data with/to any
third-party for any and all non-marketing uses permitted by this Privacy
Policy and applicable law.

 

We reserve the right to release current or past personal information: (a)
in the event that we believe that the Website, and any products, services
or other offerings is/are being or has/have been used in violation of this
Privacy Policy, the List Building Club Terms of Use, List Building the Club
Purchase Agreement, or to commit unlawful acts; (b) if the information is
subpoenaed; or (c) if any entity comprising the List Building is sold or
acquired. Moreover, you hereby consent to the disclosure of any record or
communication to any third-party when we, in our sole discretion, determine
the disclosure to be appropriate including, without limitation, sharing
your e-mail address with other third-parties for suppression purposes in
compliance with the CAN-SPAM Act of 2003, as amended from time to time.
Visitors should also be aware that courts of equity, such as U.S.
Bankruptcy Courts, might have the authority under certain circumstances to
permit personally identifiable information to be shared or transferred to
third parties without permission.


We may also supplement the information we collect with information from
other sources to assist us in evaluating and improving the Website, our
products and/or services, and to determine your preferences so that we can
tailor the Website and our products and/or services to your needs.

 

 

CREDIT CARD INFORMATION


Notwithstanding the foregoing, we will not use your credit card information
for any marketing purposes, or transfer same to any third party, other than
as set forth in this paragraph. The List Building Club may: (a) transfer
your credit card information to third party sellers where necessary to
effectuate the purchase of products and/or services that you requested on
the Website or otherwise from the List Building Club; (b) disclose your
credit card information pursuant to a court order, litigation and/or fraud
investigation; and (c) share with third parties the fact that we have
credit card information on file for specific individuals.


INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS OR
WEBSITE ADVERTISERS

The Website may contain third party provided banners, pop-ups, hyperlinked
advertising and links to other third-party owned and/or operated websites.
The List Building Club is not responsible for the privacy practices
associated with such third party advertisers and/or websites. In some
cases, you may be required to provide certain information to register or
complete a transaction via such advertisers and/or at such websites. These
third-party websites and advertisers have separate privacy and data
collection practices and the List Building Club has no responsibility or
liability relating to them. We do not endorse, nor are we responsible for
the accuracy of, the privacy policies and/or terms and conditions of such
advertisers and/or websites. These third party entities are independent
third parties and are not affiliated with us.

 

OPT-OUT/UNSUBSCRIBE

 

 

When you submit personally identifiable information to us at the Website,
you have opted-in to the sharing of your personal information with third
parties to receive marketing communications. When contacted by any of
these companies or third parties, you should notify them directly of your
choices regarding their use and sharing of your information. To opt-out of
having your information shared with third parties, please Click Here. To
stop receiving future e-mail communications from the List Building Club,
please Click Here. The List Building Club may maintain separate e-mail
lists for different purposes. If e-mail recipients wish to end their
e-mail subscription from a particular list, they need to follow the
instructions at the end of each e-mail message to unsubscribe from the
particular list. To unsubscribe from all List Building Club e-mail lists,
please Click Here.

DATA SECURITY

All collected information is stored in a technically and physically secure
environment. When our registration/application process asks users to enter
sensitive information (such as credit card number), and when we store and
transmit such sensitive information, it is encrypted and protected with SSL
encryption software. While we use SSL encryption to protect sensitive
information online, we also do everything in our power to protect sensitive
information and other personal information off-line. Unfortunately, no
data transmission over the Internet, or otherwise, can be guaranteed to be
100% secure. As a result, while we strive to protect your sensitive
information and other personal information, we cannot ensure or warrant the
security of any information that you transmit to us, and you do so at your
own risk.

Once we receive your transmission, we make reasonable efforts to ensure its
security on our systems. Access to this personal information is strictly
limited, and not accessible to the public. All of our users’ personal
information, not just sensitive information, is restricted in our offices.
Only employees who need the information to perform a specific job are
granted access to personal information. Our employees are dedicated to
ensuring the security and privacy of all List Building Club user personal
information. Employees not adhering to our written firm policies are
subject to disciplinary action. In compliance with applicable federal and
state laws, we shall notify you and any applicable regulatory agencies in
the event that we learn of an information security breach with respect to
your personal information. You will be notified via e-mail in the event of
such a breach. Please be advised that notice may be delayed in order to
address the needs of law enforcement, determine the scope of network
damage, and to engage in remedial measures.

CONTACT US

If you have any questions regarding this Privacy Policy, or would like more
information on our privacy practices, please contact us at:

Support@ListBuilding.com
Overcome Everything Inc.
139 Main Street, Suite 606 E
Brattleboro, Vermont 05301 Phone: 888-563-1163

REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE

We reserve the right, in our sole discretion, to change, modify, add and/or
remove portions of this Privacy Policy at any time. All Privacy Policy
changes will take effect immediately upon their posting on the Website.
Please check the Website periodically for any changes. Your continued use
of the Website and/or acceptance of our e-mail communications following the
posting of changes to this Privacy Policy will constitute your acceptance
of any and all changes.