Last modified: Mar 12 2019
Effective: Mar 12 2019
I. GENERAL TERMS
1. Notification of Copyright Infringement
TruZen respects the intellectual property rights of others and expects its users to do the same. It is TruZen's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, TruZen will respond expeditiously to claims of copyright infringement committed using the Services that are reported to TruZen at firstname.lastname@example.org and identified as in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement notice and delivering it to TruZen at email@example.com. Upon receipt of the Notice as described below, TruZen will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
2. DMCA Notice of Alleged Infringement ("Notice")
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and App where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to TruZen at either:
c/o The Apex Law Group, LLP
Attn: Peter J. Smith
200 1st Ave. W. Suite 104
Seattle, WA 98119
II. Health Insurance Portability and Accountability Act ("HIPPA")
Please note that TruZen is not intended for the medical industry or any industry that requires strict compliance with the protection of special categories of personal data including but not limited to medical information. TruZen is a marketplace facilitator and is not intended to store, transmit, or communicate sensitive health data.
If you and your information requires HIPPA compliance you should not use the Service to transmit the information.
III. INFORMATION WE COLLECT
When you interact with us through the Services, we may collect information from you, as further described below.
1. INFORMATION YOU PROVIDE:
We collect information from you when you voluntarily provide such information, such as when you register for access to the Services or use certain Services. Information we collect may include but is not limited to name, phone, zip code, date of birth, username, email address, payment information such as credit card information, and any messages, images, transient VOIP data (to enable communication delivery only) or other content you send via the chat feature.
You may choose to provide additional information as part of your TruZen profile (such as gender, city, and a personal description). Some of this information as indicated in your settings is part of your public profile page and will be publicly visible to others.
You may otherwise choose to provide us information when you fill in a form, update or add information to your account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team, share your experience with us, or use other features of the Services.
2. OTHER INFORMATION:
a. Data We Collect Automatically: When you interact with us through the Services, we receive and store certain information such as an IP address, device ID, geo-location, and your activities within the Services. We may store such information or such information may be included in databases owned and maintained by affiliates, agents, or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of messages users have sent, as well as the sites which refer visitors to TruZen.
b. Aggregated Information: In an ongoing effort to better understand and serve the users of the Services, we may conduct research on our customer demographics, interests, and behavior based on the information collected. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
c. Info through other Services: You may give us permission to collect your information in other services. For example, you may connect a social networking service ("SNS") such as Facebook or Twitter to your TruZen account. When you do this, it allows us to obtain information from those accounts (for example, your friends or contacts).
We may use third party web site analytic tools such as Google Analytics on our website that employ cookies to collect certain information concerning your use of our Services. However, you can disable cookies by changing your browser settings.
e. Advertisements: You may see our Service advertised in other applications or websites. After clicking on one of these advertisements and installing our Service, you will become a user of the Service. Advertising platforms, which include Twitter and Facebook (and whose SDKs are integrated within our Service), may collect information for optimizing advertising campaigns outside of the Service.
If you do not wish to receive personalized advertising that is delivered by third parties outside of TruZen's Service, you may be able to exercise that choice through opt-out programs that are administered by third parties, including the Network Advertising Initiative (NAI), the Digital Advertising Alliance (DAA).
IV. WHERE INFORMATION IS PROCESSED
TruZen is based in the United States. No matter where you are located, you consent to the processing and transferring of your information in and to the U.S. and other countries. The laws of the U.S. and other countries governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.
V. OUR USE OF YOUR INFORMATION
VI. OUR LEGAL BASIS FOR HANDLING OF YOUR PERSONAL DATA
The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds are as follows:
1. To honor our contractual commitments to you: Much of our processing of personal data is to meet our contractual obligations to our users, or to take steps at users' request in anticipation of entering into a contract with them. For example, we handle personal data on this basis to create your account and provide our Services.
2. Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals. This includes:
- Providing a safe and enjoyable user experience;
- Customer service;
- Marketing, e.g. sending emails or other communications to let you know about new features;
- Protecting our users, personnel, and property;
- Analyzing and improving our business, e.g. collecting information about how you use our Services to optimize the design and placement of certain features;
- Processing job applications; and
- Managing legal issues.
3. Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.
4. To protect the vital interests of the individual or others: For example, we may collect or share personal data to help resolve an urgent safety situation.
5. Consent: Where required by law, and in some other cases, we handle personal data based on your implied or express consent.
VII. OUR DISCLOSURE OF YOUR INFORMATION
TruZen is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your information with certain third parties, as set forth below:
1. Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, bankruptcy, dissolution, or similar event, your information may be part of the transferred assets.
2. Consent: We may transfer your information with your consent.
4. Agents, Consultants, and Related Third Parties: Like many businesses, we sometimes hire other companies or individuals to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, and processing payments.
5. Legal Requirements: We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of TruZen or Related Companies, (iii) protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
6. Aggregated or Non-identifiable Data: We may also share aggregated or non-personally identifiable information with our partners or others for business purposes.
VIII. UNSOLICITED INFORMATION
You may provide us with ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
IX. CHILDREN UNDER THE AGE OF 18
The Services are not directed to children under the age of 18, unless permitted by the child's parent and or guardian. We do not knowingly collect information, including personal data from children or other individuals who are not legally able to use our Services. If we obtain actual knowledge that we have collected personal data from a child under the age of 18 without proper parental consent, we will promptly delete it, unless we are legally obligated to retain such data. Contact us via the information below if you believe that we have mistakenly or unintentionally collected information from a child under the age of 18.
X. LINKS TO OTHER WEB SITES
XI. DATA RETENTION
We generally retain personal data for so long as it may be relevant to the purposes identified herein. To dispose of personal data, we may anonymize it, delete it, or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.
In certain jurisdictions, you can request to have all your personal information deleted entirely. Please note that if you request the erasure of your personal information:
- We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Login ID for fraud or safety reasons, we may retain certain information from that Login ID to prevent that Member from opening a new Login ID in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, TruZen may keep some of your information for tax, legal reporting, and auditing obligations.
- Information you have shared with others (e.g., reviews) may continue to be publicly visible on the Platform, even after your Login ID is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
- Because we maintain the Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
We take reasonable steps to protect the information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any information via the Internet.
XIII. YOUR DATA RIGHTS AND CHOICES
We believe that users should be treated equally no matter where they are, and so we are making the following options to control your data available to all users, regardless of their location.
You can update certain information by accessing your profile via "Settings." You can also unsubscribe from certain emails by clicking the "unsubscribe" link they contain. You can opt out from certain cookie-related processing by managing your browser settings.
Individuals in the European Economic Area, Canada, Costa Rica, and some other jurisdictions outside the United States have certain legal rights to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them (including, in some cases, in portable form), and to obtain its correction, update, amendment, or deletion in appropriate circumstances. They may also object to our uses or disclosures of personal data, to request a restriction on its processing, or withdraw any consent, though such actions typically will not have retroactive effect. They also will not affect our ability to continue processing data in lawful ways.
1. How can I access the personal data you have about me?
If you would like to submit a data access request, you can do so by emailing firstname.lastname@example.org.
2. How do I correct, update, amend, or delete the personal data you have about me?
If you would like to correct, update, amend, or delete certain personal data, you can also request modifications from us directly. Please write us at email@example.com with the words "Personal Data Request" in the subject or body of your message, along with an explanation of what data subject right you are seeking to exercise. For your protection, we may take steps to verify identity before responding to your request.
3. How do I object or restrict the way TruZen processes my personal data?
You have a right to ask us to stop using or limit our use of your personal data in certain circumstances—for example, if we have no lawful basis to keep using your data, or if you think your personal data is inaccurate.
TruZen offers you the ability to restrict the processing of your data for specific uses. You can request such restrictions by emailing firstname.lastname@example.org. Individuals in the European Economic Area have the right to opt out of all of our processing of their personal data for direct marketing purposes. To exercise this right, please see email TruZen at email@example.com.
The rights and options described above are subject to limitations and exceptions under applicable law. In addition to those rights, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.
XIV. CALIFORNIA RESIDENTS
For California residents, TruZen will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state's law.
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. Please write us at firstname.lastname@example.org to request this information. TruZen does not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.
XVI. CONTACTING US