Scope of the Policy
This notice applies to the personal data we have about you. This is data that identifies, relates to, describes, can be associated with, or could reasonably identify you as an individual. Personal data includes data like your name, address, or email address, as well as less obvious data like demographic data and location data.
This notice applies to all personal data we collect and use when you access or use our platform or communicate or interact with us in any way, including by mail, email, phone, chat, social media. This notice does not apply to data that is not personal, like anonymous, de-identified, or aggregated data (for example, summary statistics), even if it comes from personal data.
What Data We Collect
Personal Data You Provide Directly to Us
- Contact and account information, like your name, usernames, passwords, address, telephone number, email address, and household members.
- Authentication and security information like your government identification, Social Security number, security codes, and signature.
- Demographic information, like your age, gender, veteran status, and date of birth;
- Other information you choose to provide, like when you submit a survey response, enter a contest or promotion, or contact us.
Personal Data We Collect Automatically
- Information from your use of our platform and services, such as Internet service providers, the Internet Protocol (“IP”) address, websites and URLs connected to your account, content interactions, language settings, and other network and device analytics;
- Back-up information, including contacts, related users, customer lists, and vendor lists;
- Commercial information, including records of your purchases from us and purchases through the marketplace;
- Audio information, including audio recordings of calls between you and our customer service representatives.
Personal Data We Collect from Other Sources
We may collect personal data about you from other sources. For example, we may collect information from financial institution. We may also buy or get personal data from other third parties, like social media platforms, analytics providers, and consumer data resellers. This information could include contact information, demographic information, geolocation information, and information about your interests, preferences, or behaviors. We use this data for things like product and service improvement, marketing, and advertising.
How We Use Personal Data About You
We use your personal data for a lot of reasons, including to provide you with products and services. We use your personal data to do things like:
- Create and administer your accounts, complete transactions, payments, billing, and requests related to our products and services.
- Provide, develop, customize, and personalize products and services, respond to your inquiries, conduct surveys, and perform our contractual obligations.
- Advertise and market products and services from TAC and other companies to you, including through targeted advertising and communications about promotions and events, contents, and sweepstakes.
- To conduct research and create reports from analysis of things like usage patterns and trends and deidentify or aggregate personal data to create business and market analysis and reports.
- Detect and help protect against security incidents, and illegal, fraudulent, or unauthorized activities; investigate suspicious traffic, cybersecurity threats or vulnerabilities, complaints, and claims; authenticate your credentials for account access and information and provide other security protections.
- Protect you and others from fraudulent, malicious, deceptive, abusive, or unlawful activities.
- Debug and repair errors and take action to maintain and improve the quality and safety of our products and services.
- Verify your identity and determine your eligibility for accounts, discounts, and specific rate plans, as well as the validity of your payment information.
- Facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to local, state, or federal government requirements.
- Cooperate with law enforcement and protect the rights, interests, safety, or property of TAC and others.
- Comply with and enforce applicable legal and regulatory obligations and respond to governmental requests.
- Enforce our policies, terms and conditions, or other agreements.
- Defend against or pursue claims, disputes, or litigation.
PROHIBITED CONDUCT POLICY
You agree not to make use of The Artist Collective, LLC’s Services for the purpose of:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, any TAC officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
- uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
- uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- interfering with or disrupting any The Artist Collective, LLCServices, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
- intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
- “stalking” or with the intent to otherwise harass another individual; and/or
- collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
ACCOUNT USERNAME AND DISPLAY NAME POLICY
In order to ensure that the TAC community is safe, usernames and display names created or utilized within TAC may not include terms that reference or include:
- References to terrorism or terrorist organizations
- References to child grooming or exploitation
- Threats, promotions, or calls to real-life violence
- Hateful Conduct, including slurs and derogatory terminology related to protected characteristics
- Harassment and Sexual Harassment directed towards another person
- Threats or promotion of suicide and self-harm
- Personal information of another person leaked without consent, including but not limited to IP addresses, email addresses, home addresses, private phone numbers, bank account numbers or government ID numbers
- Impersonation of another person, company, or organization, including creating an account with a nearly identical name to another TAC user for the purpose of attempting to pass yourself off as them
- A third party’s trademark or brand to which you have no legal rights
- Glorification of natural or violent tragedies
- References to hard drugs, recreational drugs, and drug abuse (with the exceptions of alcohol, tobacco, and marijuana)
- References to pornography, sexually explicit, and sexually suggestive content or behavior
Violation of any of these terms by a Customer may result in immediate termination of your account.
As a member, you agree that The Artist Collective, LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with your TAC account Services, where payment is due but remains unpaid after thirty day’s written notice of such delinquency.
- if TAC reasonably concludes that Customer’s use of the Service is causing immediate and ongoing harm to TAC or others.
The termination of your account with TAC shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within TAC;
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
Handling of Customer Data in the Event of Termination
Customer acknowledges and agrees that following termination of this Agreement, TAC may immediately deactivate Customer’s account. Furthermore, unless otherwise agreed-upon by the Parties in writing, TAC shall remove or overwrite all applicable Content from TAC’s systems following the effective date of termination or cancellation. Prior to any such deletion or destruction, however, TAC shall either (1) grant Customer reasonable access to the Service for the sole purpose of Customer retrieving Customer Data or (2) transfer all Customer Data to other media for delivery to Customer. Customer agrees that TAC shall not be liable to Customer or to any third party for any termination of Customer access to the Service or deletion of Customer Data, provided that TAC is in compliance with the terms of this Section. Notwithstanding the foregoing, nothing shall preclude TAC from maintaining one copy of Customer Data if required by law.
CONFIDENTIAL INFORMATION POLICY
Customer’s Confidential Information shall include, but not be limited to, Customer Data. A party’s Confidential Information shall not include information that
- is or becomes a part of the public domain through no act or omission of the other party;
- was in the other party’s lawful possession prior to the disclosure without any obligation of confidentiality and had not been obtained by the other party either directly or indirectly from the disclosing party;
- is lawfully disclosed to the other party by a third party without restriction on disclosure;
- is independently developed by the other party without use of or reference to the other party’s Confidential Information, as established by written records.
The parties agree to use commercially reasonable efforts not to make each other’s Confidential Information available in any form to any third party. Notwithstanding the foregoing, Customer acknowledges and agrees that TAC may disclose Customer’s Confidential Information to its Third Party TACs solely to the extent necessary to provide products or services under this Agreement.
Notwithstanding anything to the contrary in this Agreement, Content is not included in Confidential Information as defined above. To the extent TAC has any access to Content in the course of providing the Services, TAC’s entire obligation to keep Content confidential is stated in this Section below. TAC shall not, intentionally
- access Customer’s Content or
disclose Customer’s Content to any third party, except to the extent:
- Customer makes its Content publicly available,
- as necessary for TAC to provide, or obtain third-party supplier support for, the Services or to provide information requested by Customer,
- to provide Customer Support,
- to improve TAC’s Services and product, and
- as specifically authorized by Customer in writing.
TAC’s obligation to protect Content from unauthorized use, access or disclosure is:
- to provide the Security Services specifically set forth in this Agreement and
- maintain and enforce the then-current standard TAC security policies and standards applicable to the Services as practiced at the service locations from which TAC is providing the Services to Customer.
The obligations in this Section shall not apply to the recipient of Confidential Information and/or TAC with respect to Content to the extent disclosure of Confidential Information or Content is required to comply with laws or respond to requests by a regulatory or judicial body and/or as otherwise required for legal process. In the event that any such disclosure is required, the recipient, and/or TAC with respect to Content, reserves the right to charge the other party on a time-and-materials basis for recipient’s/TAC’s reasonable efforts related to its compliance and response, including, if applicable, reasonable attorney’s fees.
GLOBAL USE POLICY
Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations ( https://www.access.gpo.gov/bis/ear/ear_data.html ), as well as the sanctions control program of the United States ( https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx ). Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export exclusion report ( https://www.bis.doc.gov/complianceandenforcement/liststocheck.htm ) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
- agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
Customer acknowledges and agrees that the Service is subject to the U.S. Export Administration Laws and Regulations. Customer agrees that no part of the Service or information obtained through use of the Service, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations and are subject to change without notice, and Customer must comply with the list as it exists in fact. Customer certifies that neither Customer nor any Users are on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. Customer agrees to comply strictly with all U.S. export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required. The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.