Traackr
Last Revised: 2/6/2024
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT
CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR
LEGAL RIGHTS AND REMEDIES.
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Traackr, Inc., a Delaware limited liability company ("Traackr") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
The terms “we”, “us” or “our” shall refer to Traackr. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Traackr may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Traackr may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. Traackr assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Traackr may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. TRAACKR RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Traackr finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Traackr shall not be liable for any loss or damage resulting from Traackr’s reliance on any instruction, notice, document or communication reasonably believed by Traackr to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Traackr reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Traackr that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Traackr has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Traackr reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password. For security purposes, Traackr recommends that you change your password at least once every six (6) months for each Account. You must notify Traackr immediately of any breach of security or unauthorized use of your Account. Traackr will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Traackr or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
You acknowledge and agree that:
Traackr offers certain Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. Traackr’s (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the transfer of Your Data, including transfers of Your Data from the EEA to the Covered Services, meets with compliance under applicable data privacy laws.
For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the DPA, please send an email request to Legal@Traackr.com.
Some of the features of this Site or the Services, including those Services that are hosted with Traackr, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is consider User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to Traackr that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Traackr to treat your User Submissions as confidential or secret, that Traackr has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Traackr may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
Traackr shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
By posting or publishing User Content to this Site or through the Services, you authorize Traackr to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Traackr a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Traackr's (and Traackr’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Traackr may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted.
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
Traackr generally does not pre-screen User Content (whether posted to a website hosted by Traackr or posted to this Site). However, Traackr reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Traackr may remove any item of User Content (whether posted to a website hosted by Traackr or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Traackr in its sole and absolute discretion), at any time and without prior notice. Traackr may also terminate a User’s access to this Site or the Services found at this Site if Traackr has reason to believe the User is a repeat offender. If Traackr terminates your access to this Site or the Services found at this Site, Traackr may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Traackr reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Traackr makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Traackr, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. Traackr may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by Traackr in its sole and absolute discretion, Traackr will not be required to offer a comparable feature or functionality for the Service or a refund.
No Liability. Traackr will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
From time to time, Traackr may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) Traackr reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Traackr may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that Traackr may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Traackr; (x) The Beta Services are provided “as is”, “as available”, and “with all faults”.
You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Traackr. To the fullest extent permitted by law, Traackr disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Traackr expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Traackr in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Traackr in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Traackr, its officers, directors, employees and agents, as well as Traackr's affiliates, including, but not limited to, instances where you have sued or threatened to sue Traackr, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to Traackr’s business, operations, reputation or shareholders.
Traackr expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
Traackr expressly reserves the right to terminate, without notice to you, any and all Services where, in Traackr's sole discretion, you are harassing or threatening Traackr and/or any of Traackr's employees.
Traackr Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Traackr Content”), are owned by or licensed to Traackr in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Traackr Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Traackr. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Traackr reserves all rights not expressly granted in and to the Traackr Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Traackr. Traackr assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Traackr does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Traackr from any and all liability arising from your use of any third-party website. Accordingly, Traackr encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TRAACKR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRAACKR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND TRAACKR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY TRAACKR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
IN NO EVENT SHALL TRAACKR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TRAACKR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL TRAACKR’S TOTAL AGGREGATE LIABILITY EXCEED $10 U.S. DOLLARS, UNLESS PROHIBITED BY LAW THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless Traackr and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Traackr directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
Traackr makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
(A) Disputes. The terms of this Section shall apply to all Disputes between you and Traackr. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Traackr arising under or relating to any Traackr Services or Products, Traackr’s websites, these Terms, or any other transaction involving you and Traackr, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND TRAACKR AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR TRAACKR FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
(B) Binding Arbitration. You and Traackr further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 15 of this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
(C) Dispute Notice. In the event of a Dispute, you or Traackr must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Traackr must be addressed to: Traackr, 211 Sutter Street, Suite 600 San Francisco, CA 94108, Attn.: Legal Department (the “Traackr Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Traackr and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Traackr may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND TRAACKR AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR TRAACKR WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OF PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
(F) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 19 of this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, at your option.
(G) Initiation of Arbitration Proceeding. If either you or Traackr decide to arbitrate a Dispute, we agree to the following procedure:
(H) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Traackr or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Traackr is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(I) Arbitration Fees and Payments.
(J) Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.
(K) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY TRAACKR BY E-MAILING LEGALOPTOUT@TRAACKR.COM WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the arbitration provision contained in Traackr’s Universal Terms of Service Agreement.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in Traackr's Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Universal Terms of Service. In the event that you opt-out consistent with the procedure set forth above, all other terms shall contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.
(L) Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Traackr agree that if Traackr makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Traackr’s address) in these Terms, Traackr will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
(M) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
(N) Exclusive Venue for Other Controversies. Traackr and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section shall be filed only in the Supreme Court of New York, New York, or the United States Southern District Court of New York, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Traackr Legal Department
25 Dorchester Avenue 52497
Boston, MA 02205
Legal@Traackr.com
Welcome to Traackr, Inc.’s (along with each of Traackr, Inc.’s Corporate Affiliates (as defined below), collectively, “Traackr”, “we”, “us” or “our” in this privacy notice) privacy notice for influencers.
As of the Effective Date, Traackr, Inc.'s Corporate Affiliates include:
We collate publicly available information about influential individuals and we collect information about individuals who may use our platform in their capacity as an influential individual (any such influential individual, “you” or “your” in this privacy notice if we have obtained information about you). This pooled information, or ‘personal data’, is made available on Traackr’s market-research database via Traackr’s influencer relationship management platform (the “platform”) for its users to discover, evaluate and manage their engagement with influential people. Additionally, we will collect information from you if you sign up to use the Traackr Studio service (“Studio”). As used in this privacy notice (a) “GDPR” means the General Data Protection Regulation (EU) 2016/679; (b) “UK Data Protection Laws” means data protection laws enacted under the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (“UK GDPR”) and the UK Data Protection Act 2018 (“UK DPA 2018”); and (c) “European Data Protection Laws” means the GDPR and/or UK Data Protection Laws, in each case to the extent applicable.
Traackr respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when it is used on our market-research database, your privacy rights and how the law protects you.
When a business customer of Traackr uses our platform, that customer may enter information relating to influencers into its Traackr account or you may share information relating to yourself with that customer through Studio. To the extent that information constitutes personal data under the European Data Protection Laws, that information (excluding data for which Traackr is the controller (as defined in the European Data Protection Laws), such as Studio Profile Data (as defined below) as well as that certain publicly available influencer data for which Traackr is the controller (as defined in the European Data Protection Laws)) is referred to in this privacy notice as “CRM-Stored Influencer Data”). To the extent we process CRM-Stored Influencer Data solely in order to provide the platform to a particular customer, under the European Data Protection Laws, to the extent applicable, we will act as a processor (as defined in the European Data Protection Laws) on behalf of that customer in respect of that CRM-Stored Influencer Data; this privacy notice will not apply to the processing of that CRM-Stored Influencer Data; and the applicable customer will act as a controller in respect of that CRM-Stored Influencer Data and is responsible for obtaining all necessary consents and providing you with all requisite information as required by applicable law.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your personal data. This privacy notice supplements the other notices and is not intended to supersede them. In particular, and without limitation of the foregoing, if you are a user of Studio, in addition to this privacy notice, Traackr’s Website and Platform Privacy Notice, available at https://www.traackr.com/privacy-policy, will apply to you in your capacity as a general user of Studio.
Traackr is based in the United States of America. Our main office is 25 Dorchester Avenue, 52497, Boston, MA 02205, United States of America. We have developed and managed our market-research database, our ‘Influencer Relationship Management Platform’, which allows its users to manage, expand, validate and scale their networks with influencers.
We are a controller under European Data Protection Laws (to the extent applicable) for personal data which we obtain about you (excluding CRM-Stored Influencer Data).
If you have any questions about this privacy notice, including any requests to exercise your legal rights referred to in ‘Your legal rights’ (paragraph 7 below), please contact our compliance team using the following email address: legal@traackr.com.
If you are an individual located in the United Kingdom (“UK”) or any country in the European Economic Area (the “EEA”), you have the right to make a complaint at any time to the supervisory authority which regulates the processing of personal data in the country in which you are located. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us by emailing legal@traackr.com in the first instance.
We will only use your personal data to the extent that the law allows us to do so. We will use your personal data where it is necessary to pursue our legitimate interests and your interests and fundamental rights do not override those interests.
As part of these legitimate interests, the platform may benefit you as an influencer by facilitating your connection with companies (and their brands) to enable those companies to expand your presence in the influencer marketing ecosystem and to enhance your subject-matter expertise. Influencers often reach out to us and request to be included on the platform. The platform also affords a mutual benefit to both brands and influencers by empowering brands and influencers to build meaningful relationships for their shared gain. Additionally, the platform affords a greater public benefit by facilitating the growth and development of, and insight into, the wider influencer marketing ecosystem.
We may also use your personal data (a) where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal; and/or (b) where it is necessary for us to comply with a legal obligation to which we are subject; and/or (c) where it is necessary to perform a contract we have entered into or are about to enter into with you.
We process your personal data for the purposes of allowing users of our platform and associated market-research database to discover, evaluate, and manage their engagement with influential people. Also, we will use your Studio Profile Data in order to provide the Studio service. We may add your Studio Profile Data into our market-research database to further enable users of our platform to discover, evaluate, and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your personal data to connect you through our platform with companies (and their brands).
In particular, we would like you to be aware that the Traackr platform uses algorithms to construct profiles about individual influencers and therefore we may use the personal data described in Section 1 so that an evaluation can be made about your behaviour, preferences, and interests (among other things). Under the European Data Protection Laws (to the extent applicable), this usage may be considered profiling. In particular, these algorithms assess your reach (e.g. size of your social media audience), relevance (e.g. the contextual affinity of your content to Traackr's customers' areas of interest) and resonance (e.g. audience engagement with your social media content) in various areas. The European Data Protection Laws defines "profiling" as "any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements". To the extent Traackr's processing constitutes profiling under the European Data Protection Laws (to the extent applicable), you have the right to specifically object to the processing of your personal data for the purpose of profiling in accordance with paragraph 7 below. To learn more, please reach out to legal@traackr.com.
Under certain circumstances, you may have certain rights under data protection laws to ask us or third parties to stop processing your personal data. To exercise these rights (to the extent applicable), visit the following webpage: https://www.traackr.com/data-opt-out or email us datarequest@traackr.com. Please note that Traackr reserves the right to refuse any request to exercise such rights to the extent permitted by applicable law.
Category | Examples | Business or commercial purposes for which we use personal data | Disclosed to which categories of third parties for operational business purposes |
|---|---|---|---|
A. Identifiers. | Any identifiers you have manifestly made public, including your real name, date of birth, age, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social media handle or other similar identifiers. | For the purposes of allowing users of our platform and associated market-research database to discover, evaluate and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use yourpersonal data to connect you through our platform with companies (and their brands). | Business customers, whose representatives are users of our platform and associated market-research database or who have access to your Studio Profile Data; service providers who provide us with IT, system administration, hosting, and other services; professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services; public authorities, law enforcement, or any person to whom we are under a duty to disclose personal data to comply with a legal obligation; our corporate affiliates; third parties to enforce or apply the terms of our agreements, or otherwise protect the rights, property, or safety of Traackr or its customers |
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | Any personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) that you have manifestly made public, including your name, physical characteristics or description, address, telephone number, education, employment, employment history or any medical information. Some personal information included in this category may overlap with other categories. | For the purposes of allowing users of our platform and associated market-research database to discover, evaluate and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your consumer information to connect you through our platform with companies (and their brands). | Business customers, whose representatives are users of our platform and associated market-research database or who have access to your Studio Profile Data; service providers who provide us with IT, system administration, hosting, and other services; professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services; public authorities, law enforcement, or any person to whom we are under a duty to disclose personal data to comply with a legal obligation; our corporate affiliates; third parties to enforce or apply the terms of our agreements, or otherwise protect the rights, property, or safety of Traackr or its customers |
C. Protected classification characteristics under California or federal law. | Any protected classification characteristics under California or federal law that you have manifestly made public, including your age (if you are 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). | For the purposes of allowing users of our platform and associated market-research database to discover, evaluate and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your consumer information to connect you through our platform with companies (and their brands). | Business customers, whose representatives are users of our platform and associated market-research database or who have access to your Studio Profile Data; service providers who provide us with IT, system administration, hosting, and other services; professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services; public authorities, law enforcement, or any person to whom we are under a duty to disclose personal data to comply with a legal obligation; our corporate affiliates; third parties to enforce or apply the terms of our agreements, or otherwise protect the rights, property, or safety of Traackr or its customers |
D. Commercial information. | Any commercial information you have manifestly made public, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | For the purposes of allowing users of our platform and associated market-research database to discover, evaluate and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your consumer information to connect you through our platform with companies (and their brands). | Business customers, whose representatives are users of our platform and associated market-research database or who have access to your Studio Profile Data; service providers who provide us with IT, system administration, hosting, and other services; professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services; public authorities, law enforcement, or any person to whom we are under a duty to disclose personal data to comply with a legal obligation; our corporate affiliates; third parties to enforce or apply the terms of our agreements, or otherwise protect the rights, property, or safety of Traackr or its customers |
E. Biometric information. | Biometric information including genetic, physiological, behavioral, and biological characteristics or other physical patterns, and sleep, health, or exercise data. | For the purposes of allowing users of our platform and associated market-research database to discover, evaluate and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your consumer information to connect you through our platform with companies (and their brands). | Business customers, whose representatives are users of our platform and associated market-research database or who have access to your Studio Profile Data; service providers who provide us with IT, system administration, hosting, and other services; professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services; public authorities, law enforcement, or any person to whom we are under a duty to disclose personal data to comply with a legal obligation; our corporate affiliates; third parties to enforce or apply the terms of our agreements, or otherwise protect the rights, property, or safety of Traackr or its customers] |
F. Internet or other similar network activity. | Any Internet or other similar network activity you have manifestly made public, including your interaction with a website or application (such as your social media posting history). | For the purposes of allowing users of our platform and associated market-research database to discover, evaluate and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your consumer information to connect you through our platform with companies (and their brands). | Business customers, whose representatives are users of our platform and associated market-research database or who have access to your Studio Profile Data; service providers who provide us with IT, system administration, hosting, and other services; professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services; public authorities, law enforcement, or any person to whom we are under a duty to disclose personal data to comply with a legal obligation; our corporate affiliates; third parties to enforce or apply the terms of our agreements, or otherwise protect the rights, property, or safety of Traackr or its customers |
G. Audio/Video Data. | Any sensory data you have manifestly made public, including audio, electronic, visual or similar information. | For the purposes of allowing users of our platform and associated market-research database to discover, evaluate and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your consumer information to connect you through our platform with companies (and their brands). | Business customers, whose representatives are users of our platform and associated market-research database or who have access to your Studio Profile Data; service providers who provide us with IT, system administration, hosting, and other services; professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services; public authorities, law enforcement, or any person to whom we are under a duty to disclose personal data to comply with a legal obligation; our corporate affiliates; third parties to enforce or apply the terms of our agreements, or otherwise protect the rights, property, or safety of Traackr or its customers |
H. Professional or employment-related information. | Any professional or employment-related information you have manifestly made public, including your current or past job history. | For the purposes of allowing users of our platform and associated market-research database to discover, evaluate and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your consumer information to connect you through our platform with companies (and their brands). | Business customers, whose representatives are users of our platform and associated market-research database or who have access to your Studio Profile Data; service providers who provide us with IT, system administration, hosting, and other services; professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services; public authorities, law enforcement, or any person to whom we are under a duty to disclose personal data to comply with a legal obligation; our corporate affiliates; third parties to enforce or apply the terms of our agreements, or otherwise protect the rights, property, or safety of Traackr or its customers |
I. Inferences drawn from anyof the above Personal Information. | Metrics reflecting characteristics and aptitudes, such as the relevance, reach and resonance of influencers, as well as demographic information of influencers’ audiences. | For the purposes of allowing users of our platform and associated market-research database to discover, evaluate and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your consumer information to connect you through our platform with companies (and their brands). | Business customers, whose representatives are users of our platform and associated market-research database or who have access to your Studio Profile Data; service providers who provide us with IT, system administration, hosting, and other services; professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services; public authorities, law enforcement, or any person to whom we are under a duty to disclose personal data to comply with a legal obligation; our corporate affiliates; third parties to enforce or apply the terms of our agreements, or otherwise protect the rights, property, or safety of Traackr or its customers |