1. PERSONAL INFORMATION WE COLLECT
INFORMATION WE AUTOMATICALLY COLLECT. When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, internet service provider, referring/exit pages, time zone, date/time stamps, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. For more information, see Section 7 (“Cookies”).
PERSONAL INFORMATION YOU PROVIDE. We may also collect information you provide us when you register on the Site or submit any forms to us via the Site. You are not required to submit any forms to us with or otherwise share any such personally identifiable information. However, if you choose to share such information with us, we may collect such information as: Your name; Your date of birth; Your gender; Your language; Your username on any third-party social media platforms, including but not limited to: Youtube, Twitter, Instagram, Facebook, Google, Pinterest, Snapchat, Tumblr; Your website; Your email address; our Phone Number; and Your physical and/or other mailing address.
2. HOW WE USE AND/OR SHARE YOUR PERSONAL INFORMATION. We may use any personal information for one of the following purposes:
- To communicate with you; and, when in keeping with the preferences you have shared with us, provide you with information or advertising relating to our products or services such as influencer marketing campaigns.
- To help us improve and optimize our Site (for example, by generating analytics about how our users browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). For example, we may use Google Analytics to help us understand how our users use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
- If you elect to register on the Site or submit any forms to us via the Site, we may add your personal information to our database of influencers. This database allows us to manage talent and brand relationships, connect influencers and brands for possible influencer marketing campaign engagements, and monitor key metrics and compliance in connection with such campaigns. We engage third-party service providers to perform services on our behalf, such as providing the software we use for our database. We will share personal information about you with these third parties service providers, and with third-party brands, only for the purpose expressed herein.
- On occasion, we may share personal information with third-party service providers, such as credit card processing companies. These third-party service providers are not authorized to retain, share, store, or use your personal information for any purposes other than to provide the services for which they have been hired to provide.
- In order to protect against potential fraud, we may verify with third parties the personal information you provide when you register or submit forms to us via he Site. During this verification, we may receive personal information about you.
- We may also share your personal information (i) to comply with applicable laws and regulations, to respond to a subpoena, search warrant, judicial proceeding, court order, or other lawful request for information we receive, (ii) to investigate a possible crime, such as fraud or identity theft, (iii) when we believe it is necessary to protect the rights, property, or safety of Toronado or other persons, (iv) in connection with the sale, purchase, merger, reorganization, liquidation, or dissolution of Toronado, (v) to otherwise protect our rights, and as otherwise required or permitted by law.
3. CONTESTS AND PROMOTIONS. From time-to-time, we may request information from users of our Site in connection with a contest or a promotional opportunity. Participation in these contests or promotions is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information and supplementary information on your interests, opinions, and preferences. We will use the contact information to notify winners. We may publish winners’ personal information on the Site and, in order to comply with state law, we may be required to share: (i) winners’ first name, last name and address with state agencies and (ii) winners’ first name and last name with persons requesting such information via the mail. We may also use and share such personal information in any other way as disclosed in the terms and conditions for any such contest or promotion.
6. SECURING YOUR INFORMATION. We take appropriate security measures designed to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access to personal information to Toronado employees, contractors, service providers, and agents who need to know that information in order to operate, develop, or improve our services. These individuals are bound by confidentiality obligations. HOWEVER, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee your data’s absolute security. IN NO EVENT WILL TORONADO OR ITS SUBSIDIARIES, AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF Toronado OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. NOTICE TO CALIFORNIA RESIDENTS. Subject to certain limits under California Civil Code §1798.83, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may contact us as provided for in Section 13 (“Contact Us”).
9. DIGITAL MILLENNIUM COPYRIGHT ACT. Notices of alleged copyright infringement on the Site must comply with the Digital Millennium Copyright Act (“DMCA”), which can be found on the website of the US Copyright Office. To file a notice of infringement, send an email to email@example.com with an attached and signed PDF containing the following:The exact, permanent URL on the Site of each allegedly infringing image, video, music, text, or other content that you wish to have removed;Your email address and telephone number;Proof of your copyright regarding the content in question; andThe following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
10. MINORS. The Site is not intended for children under the age of thirteen (13). When you access or use the Site, you represent that you are 13 years of age or older and that you are of sufficient legal age or otherwise have legal capacity to legally enter into this Agreement. We have no intention of collecting any personal information from individuals younger than the age of thirteen (13). Parents and guardians are encouraged to review their children’s email and internet activities to ensure that the Site is being used in accordance with these Terms.
12. OPT OUT. If you would like to review, correct, update, suppress, restrict or delete personal information that you have previously provided to us, you may contact us as provided for in Section 13 (“Contact Us”).