A. Information You Provide to Us. On the Service, we, or our service providers, may ask you to provide certain types of information such as: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, email address, date of birth and mobile phone number (as well as for a credit card number and other billing information for Customers who purchase a subscription) (“Personal Information”); and (2) demographic information, such as information about your gender and zip/postal code (“Demographic Information”). We may collect this information through various forms and in various places on the Service, including through “contact us” forms, if you sign up to receive messages from Customers or if you purchase a subscription to use the Service as a Customer or when you otherwise interact with the Service. We obtain Personal Information and Demographic Information from you as part of our operation of the Service.
B. Information We Collect and Store As You Access and Use the Service. In addition to any Personal Information or other information that you choose to submit to us via our Service or we obtain as a service provider to our Customers, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect and store certain information whenever you visit or interact with our Service or messages sent through our Service (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Service. Usage Information may be non-identifying or may be associated with you. This Usage Information may include::
We may use various methods and technologies to collect and store Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies, include, without limitation, the following (and subsequent technology and methods later developed):
We may use Tracking Technologies for a variety of purposes, including:
E. Information You Provide About a Third Party. You may send someone else a communication from the Service, such as sending an invitation to a friend. If so, the information you provide (names, email addresses, mobile number, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your email address, mobile number, name or user name and message may be included in the communication sent to your addressee(s). If you provide us with the information of another person, you must have their consent to do so.
F. California / Delaware Do Not Track Disclosures. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browsers do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
We may use your Personal Information, Demographic Information or Usage Information for various business purposes, including:
A. When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools apps or ads on our Service or link to them from our Service. This may include using third party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by doing so interacting you consent to such third party practices. It may also include ordering or purchasing products from third parties through us where we indicate that the third party rather than us is the seller. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
B. Third Parties Providing Services on our Behalf. We may use third-party vendors to perform certain services on behalf of us, the Service or our Customer’s, such as: (i) to assist us in operations; (ii) to manage a database of customer information; (iii) hosting; (iv) designing and/or operating features; (v) tracking activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them. For example, we and our third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie). We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
D. Affiliates and Business Transfer. We may share your information, including your Device Identifiers, Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
E. Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
This Section applies to any California residents about whom we have collected personal information from any source, including through your use of our Service or by communicating with us electronically, in paper correspondence, or in person. Any terms defined in the CCPA have the same meaning when used in this Section 4. This Section only applies to non-California residents as may be required by applicable state law in your state of residence.
A. What Personal Information We Collect?
We have collected the following categories of personal information from consumers within the last twelve (12) months:
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Category D: Commercial information.
Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Category F: Internet or other similar network activity.
Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Category G: Geolocation data.
Examples: Physical location or movements.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Category J: Non-public education information. (per the Family Educational Rights & Privacy Act) (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal information does not include:
B. Sources of Collected Personal Information
We may collect personal information from the following categories of sources:
C. What Do We Do With Your Personal Information?
We use the personal information we collect from you for all of the business purposes outlined in Section 2 above. In the last twelve (12) months, we have not sold your personal information for monetary or other valuable consideration.
D. Who We Share Personal Information With?
We may share your personal information with the following categories of third parties for a business purpose:
We may share all of the personal information (the categories of personal information we collect are identified in Section 4(A) above) we collect from all of the categories of sources of personal information (these are the sources identified in Section 4(A) above) with all of the categories of third parties (these are the categories of third parties identified in this Section 4(D) for all of the business purposes outlined in Section 2.
E. Your Privacy Rights
If you are a California resident, subject to applicable law, you have the following rights under California law with respect to your personal information:
F. Exercising Your Rights
If you are a California resident and wish to seek to exercise any of the rights in Section 4(E) above (other than your right to request information regarding third party direct marketing which must follow the process set forth in the last bullet above), please reach us via email email@example.com.
You may also authorize someone to exercise the above rights on your behalf provided we can verify that the individual is authorized to act on your behalf. If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child.
The above rights are subject to our being able to reasonably verify your identity and authority to make these requests. These rights are also subject to various exclusions and exceptions under applicable laws. You may only make a verifiable consumer request for access or data portability twice within a twelve (12)-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Once we receive and confirm your verifiable consumer request, we will disclose to you:
We may deny your deletion request if retaining the personal information is necessary for us or our service providers to:
We endeavor to respond to a verifiable consumer request within forty-five (45) days of receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12)-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your rights. Unless permitted under applicable law, we will not:
A. User Content and Public Information. The Service may permit you to share or otherwise submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content including Personal Information (collectively, “User Content”). We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that CLOUT EFFECTS does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.
The Service may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Service are served to you for their own commercial purposes. In addition, when you are on the Service you may be directed to other sites and apps that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Service onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies. We are not responsible for these third-party privacy policies or the practices of third-party parties. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. You may provide updates and changes to your Personal Information by contacting us via email at firstname.lastname@example.org. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons.
The Service is a general audience platform and we do not knowingly collect any personal information from children younger than the age of thirteen (13) as required by U.S. and other applicable law. We will delete any personal information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personal information to us, please contact us via email at email@example.com.
We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.
Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. You may opt-out from receiving messages from a Customer at any time by texting “STOP” to an individual Customer’s unique 10 digit number. To opt-out from the Service entirely and all Customers which you receive text messages and/or calls from, please send an email to firstname.lastname@example.org and specify that you want to opt out of text messages and/or calls or both. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days (or ten (10) business days where required by law) to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. You may also request assistance at any time by texting “HELP” or emailing us at email@example.com. We will send you a SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us unless you opt-in to a different campaign. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. As always, message and data rates may apply for any messages sent to you from us and to us from you.
This Supplemental Privacy Notice provides additional information on how we process personal data that we collect or receive from residents of the EU and EEA and provides information as relates to EU users’ rights, and CLOUT EFFECTS responsibilities, under the EU General Data Protection Regulation (“GDPR”).
CLOUT EFFECTS is the data controller of your personal data and we are based in the United States and located in Los Angeles, CA. If you are located or a resident of the EU and believe that your data protection rights under the GDPR have been infringed, please contact our Data Protection Officer who can be reached at firstname.lastname@example.org. If you feel that your request or concern has not been satisfactorily resolved by us, you may also contact your local data protection authority, see: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en.
Legal Basis for Processing EU personal data
CLOUT EFFECTS may process the personal data of EU users based on one (1) or more of the legal bases below:
Data Retention Period
We retain transaction data and other personal data for a period of time that is necessary to fulfill a legitimate business purpose and deleting or de-identifying the information thereafter, except where longer retention periods are required by law. We retain unsubscribe requests permanently to comply with our obligation to refrain from sending marketing emails after receipt of an opt-out request.
Your Rights under the GDPR
You have the following rights under certain circumstances:
These rights may be limited in some situations where we can demonstrate that CLOUT EFFECTS has a legal obligation or legitimate interest to process your personal data.
To exercise your rights explained above, please contact us by email with the details of your request.
This Supplemental Privacy Notice provides additional or modifying information on how we manage personal data that we receive from residents of Canada. These rights may be limited in some circumstances by local law requirements.
A. Data Retention Period
B. Right to Withdraw Consent
We would like your consent to collect, use and share your personal data for the purposes and in the manner described herein, including in order to contact you and provide you with promotional communications. Nonetheless, we want you to know that you have choices and can refuse or withdraw your consent. In the event that you have already consented to the collection, use and/or disclosure of your personal data, you may subsequently “opt out” at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Officer at email@example.com. Our Privacy Officer will also be able to provide you with more information regarding the implications of withdrawing consent. You may also choose to limit how we use your personal data by not allowing us to share such information with third parties by e-mailing us at firstname.lastname@example.org. This may prevent or restrict your use of the Service.
C. Access to or Change Personal Data
You have a right to request access to your personal data and to request a correction to it if you believe it is inaccurate. If you have submitted personal information to us and would like to have access to it, or if you would like to have it removed or corrected, please contact us using the contact information provided below. We may require you to verify your identity before we allow you to access your personal information. Please note that, in some cases we may not be able to allow you to access certain personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons. In such cases, we will provide you with a reasonable explanation of why it is not possible to grant access to your personal information. We reserve the right not to change personal information if we disagree that it is incorrect, but we will append your requested alternative information.
D. Additional Information
For residents of Canada, you may only use send-to-a-friend functionality to send an invitation to people with whom you have had direct voluntary two way communications, and with whom it is reasonable to conclude you have a personal relationship considering shared interests, experiences, opinions and other relevant factors, or who are family members to whom you are related by marriage, a common-law partnership, or parent-child relationship.
E. Contact Us
CLOUT EFFECTS does not directly sell personal data for monetary compensation but reserves the right to change this policy in the future. Nevada S.B.220 allows Nevada residents to opt-out of the sale of their personal data. If you are a Nevada resident we want you to know that you have choices and can opt-out of CLOUT EFFECTS selling your personal information after the date you opt-out by contacting us at email@example.com. This may prevent or restrict your use of the Service in the future.