1. Introduction
Welcome to Instantly.ai’s Website Visitor ID Tool! This Data Usage Policy outlines the permitted and prohibited uses of the data provided by Instantly.ai’s Website Visitor ID service.
Our goal is to help you use our service effectively while ensuring compliance with applicable laws and regulations.
2. Definitions
“Customer Properties”: Websites or digital properties owned and operated by the Customer from which data is collected by the Instantly.ai pixel.
“Input Data”: Any data provided by the Customer to Instantly.ai, including data collected through the Instantly.ai pixel.
“Output Data”: Any data generated and provided by Instantly.ai to the Customer based on the Input Data, including enriched visitor profiles and related analytics.
3. Proprietary Rights
Instantly.ai Property: All Output Data and the technology used to create and
deliver it are the exclusive property of Instantly.ai. Customers have a limited, non-exclusive right to use the Output Data solely for purposes specified in this policy.
Customer Property: Input Data remains the exclusive property of the Customer.
Instantly.ai does not claim any ownership rights over the Input Data and uses it solely to provide the services described.
4. Permitted Uses
Customers may use the Output Data for the following purposes:
Internal Business Use: Utilizing the Output Data to enhance marketing strategies, customer outreach, and internal business analytics.
Personalized Marketing: Using the Output Data to personalize advertising and marketing efforts directed at website visitors.
Customer Relationship Management: Integrating Output Data into Customer’s CRM systems to better understand and engage with their audience.
Compliance and Security: Ensuring that data usage complies with all applicable laws, regulations, and internal security policies.
5. Prohibited Uses
Customers are strictly prohibited from:
Reselling or Redistributing: Selling, leasing, sublicensing, renting, or providing Output Data to any third party without Instantly.ai’s express written consent.
Unlawful Use: Using the Output Data in any manner that violates applicable laws, regulations, or agreements, including but not limited to:
oThe California Consumer Privacy Act (CCPA)
oThe California Privacy Rights Act (CPRA)
oThe General Data Protection Regulation (GDPR)
oThe Fair Credit Reporting Act (FCRA)
oThe CAN-SPAM Act
oThe Telephone Consumer Protection Act (TCPA)
oAny other federal or state laws concerning data privacy and consumer
protection.
Sensitive Information: Using the Output Data to collect or process any information subject to laws governing sensitive data, such as:
oHealth Insurance Portability and Accountability Act (HIPAA)
oGramm-Leach-Bliley Act (GLBA)
oChildren’s Online Privacy Protection Act (COPPA)
oGDPR, specifically regarding data related to EU citizens or residents.
Restricted Marketing Activities: Utilizing Output Data to advertise or promote products or services in the following categories:
oLibelous or defamatory content
oIllegal activities or substances
oPornography or adult content
oTobacco products, including e-cigarettes
oFirearms, ammunition, or weapons
oHate speech or content targeting any societal group
oProducts that violate intellectual property rights
oCredit repair services
oSale of certain stocks or financial instruments
oPsychic or astrology services
oSweepstakes or gambling
oAny other product or service that is illegal in the relevant jurisdiction.
6. Privacy and Compliance
Customers must:
Privacy Policy: Maintain a clear and comprehensive privacy policy on their
Customer Properties that complies with all applicable privacy laws. This policy must describe how personal data is collected, used, and shared, including data collected through the Instantly.ai pixel.
Cookie Banner: Implement a cookie banner that obtains affirmative consent from visitors before deploying cookies or similar technologies. This banner should clearly inform users about the types of data being collected and its purposes.
Opt-Out Mechanisms: Provide visitors with an easy and accessible way to opt-out of data collection and marketing communications. This includes linking to
Instantly.ai’s opt-out page or an equivalent mechanism.
User Rights: Respect and facilitate the exercise of user rights under applicable privacy laws, such as the right to access, delete, or opt-out of the sale of personal information.
7. Restrictions on Use of Contact Information
Email Communications: Customers must include a valid “unsubscribe” option in all email communications and ensure compliance with the CAN-SPAM Act.
Telecommunications Compliance: For any use of phone numbers, Customers must comply with the TCPA, FTC Telemarketing Sales Rule, and other relevant telecommunication regulations. This includes respecting “do not call” registries and obtaining explicit consent where required.
8. Important FCRA Restrictions
Customers acknowledge that they are not a consumer-reporting agency under the FCRA, and the Output Data does not constitute a “Consumer Report.” Customers are prohibited from using the Output Data for purposes outlined under the FCRA, including but not limited to:
Assessing eligibility for credit, insurance, employment, or tenancy.
Determining eligibility for any license or benefit that depends on financial
responsibility.
Any use that would categorize the Output Data as a Consumer Report.
9. Compliance and Enforcement
Monitoring and Audits: Instantly.ai reserves the right to monitor Customer’s use of the Output Data to ensure compliance with this policy. Non-compliance may result in termination of access to Instantly.ai’s services and other legal actions.
Legal Consequences: Violations of this policy may expose Customers to legal
penalties, including fines and liabilities under applicable laws.
10. Amendments
Instantly.ai reserves the right to amend this Data Usage Policy at any time. Customers will be notified of any significant changes, and continued use of Instantly.ai’s services after such changes constitute acceptance of the revised policy.
11. Contact Information
For any questions or concerns regarding this Data Usage Policy, please contact Instantly.ai at:
Email:
[email protected] 
