PRIVACY POLICY

Welcome

Actu8agency, Inc. (“we” or “us”) values our customers and users and respects their privacy. This Privacy Policy governs the collection and use of data in connection with our website (the “Site”), our applications, and any services we offer (collectively, the “Services”). This Privacy Policy sets forth the nature, purpose, use and sharing of any information that identifies or can be used to identify the various users of the Services. Use of Services confirms consent to this Privacy Policy and the collection and processing of Personal Information in accordance with these terms.

What Information is Collected

We help influential people (“End Users”) publish content on social, oftentimes connecting them with those who wish to secure social media posts to endorse or advocate for their products or events (“Customers”). We often work with the agents of the End Users and other representatives (“Agents”, and collectively with End Users and Customers, our “Users”). In order to perform our obligations to our Users, we must collect a fair amount of Personal Information, which we use in accordance with the Terms of Service and this Privacy Policy. We collect different types of information about different types of Users, but generally we collect from all Users the Personal Information they give us when they register with the Site or use the Services, including name, address, phone number, date of birth, email address, credit card or bank information, and other Personal Information requested as part of using the Site or the Services. We automatically collect certain Personal Information such as a User’s IP address and Session ID in order to prevent fraud and abuse of our Services as well as to provide a consistent and relevant experience for our Users. In addition, we collect technical information including device, browser type, operating system, CPU speed, referring or exit webpages, and click patterns. We also collect general data about what pages visitors access, the number of visits, average time spent on the Site and other similar factors. This information can, under certain circumstances, identify a particular user. However, we do not use this information for anything beyond user experience improvements. Please see the FullStory Acceptable Use Policy (which we adhere to strictly) here and our Automated Data Collection Policy below for more details.

End Users

In addition to the information collected about an End User when they sign up for our Services (or their Agent signs up on their behalf), we monitor the social media behavior of End Users in order to analyze the performance of their social posts to determine the potential effectiveness of sharing content with the End User for our Customers. We collect information about the social media presence of the End User, including their particular identifiers (usernames, handles, etc.) and information about their reach and engagement with their followers (“Audience”). As part of the Services, End Users may choose to connect their social media accounts and provide various permissions to us via the social media platform’s app authorization pages.

Customers

In addition to the information collected when a Customer signs up for Services, information may be collected that, while not Personal Information, may be confidential, including, but not necessarily limited to, marketing goals and other internal business or organizational information. Such information is kept confidential in accordance with our Terms of Use, applicable law, and this Policy.

How Information is Used

Except as otherwise noted in this Privacy Policy, Personal Information, and Non-Personal Information of Users may be collected for internal purposes only. A User’s Personal Information may be utilized to provide the Services, or for legitimate business interests to the extent those interests shall not outweigh any User’s privacy rights. For example, Personal Information may be used to:

  • Process transactions Users complete using the Services.
  • Conduct routine business operations in furtherance of legitimate business interests such as billing, identification, authentication, contact purposes and general research. As part of routine business operations, Personal Information may be transferred to certain third parties with whom we contract for the limited purpose of providing services such as web hosting, email, and credit card processing. These service providers are contractually required to protect User information within the highest acceptable business industry standards and to abide by all Privacy Policies in the protection of that information including but not limited to those terms as outlined here. Third parties with whom we do business are not permitted to use Personal Information or Non-Personal Information for their own commercial purposes.
  • Employ internal marketing techniques such as tracking customer preferences to provide a customized Site experience, updating an End Users’ profile to make it stand out and more attractive to potential marketers, and communicating with Users about Services, special offers, and other services.If an End User wishes to not have their profile updated, or has any questions about updates, please contact support at support@Actu8agency.com.
  • The contact name and email address that Customer provides upon creation of their account with Actu8agency may be shared with an End User’s institution as part of the required disclosure process. An institution may use this information to ask pertinent questions regarding the requirements of the End User and/or the product that is being pitched.
  • Employ internal marketing techniques such as tracking customer preferences to provide a customized Site experience and communicating with Users about Services, special offers, and other services.
  • Secure systems, prevent fraud and help protect the security of User accounts.
  • Enhance the Services.
  • Generate reports based on aggregated and anonymized generic product, location and other contributed information, which we may use internally, or which we may sell to others.
  • Comply with court and governmental orders.
  • Include User in Service add-ons or changes that enhance their experience and provide them ongoing benefits of all services on offer.

Administer a contest, promotion, survey or other feature of the Site or the Services to enhance User experience.

Messages From Actu8agency

On occasion, Actu8agency will need to contact Users. Primarily, these messages are delivered by email, SMS Messages, social media Direct Messaging, or by push notifications for a variety of reasons, including service updates, marketing, and potential transactions. If a User no longer wishes to receive push notifications, they can be disabled at the device level. Users can opt out of receiving any marketing-specific communications via email or Messages in account settings or by sending an email to support@Actu8agency.com. To ensure Users properly receive notifications, we will need to collect certain information about a User’s device, such as operating system and user identification information. Every account is required to keep a valid email address and SMS Messaging phone number on file to receive Service-specific messages and may choose which method of contact is preferred. If a User chooses SMS Messages and opts out of receipt of messages at any point, Service updates will be sent via the email address on file instead. We may also contact Users by telephone to provide member support or for transaction-related purposes if Users request a call. Users can update contact preferences in their account settings.

Messages from Actu8agency are service-related and necessary for Users. You understand and agree that Actu8agency can send you non-marketing emails, Messages, or SMS messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of a Deal offer, additional service availability, modification of key features or functions, and correspondence with Actu8agency’s Support team (including by chat interface or the other methods of communication as described above).

When you register for an account, you receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Please note that some changes to your account settings may take a few days to take effect.

Subprocessors

To achieve the tasks set out herein, the following subprocessors may be used. When such subprocessor is used, Users are subject to each of their privacy policies, which policies we consider to be at least as strict as ours. Actu8agency shall not have any responsibility for any misuse or use contrary to the published privacy practices by any of these subprocessors, and it is up to the User to assure they read and understand each policy. Should a User wish to decline any service by any subprocessor listed below, they may reach out to Actu8agency at support@Actu8agency.com. Users should be aware that if they opt out of any of the subprocesses below, we may not be able to fully provide Services and their experience on the site may suffer. Actu8agency reserves the right to amend this list at any time and in so doing, shall update this Privacy Policy and so advise Users of the change.

Twilio – software used to communicate text messages via SMS/WhatsApp

Sendgrid – software used to communicate email message

Stripe – software for processing credit card payments

Plaid – software for processing ACH payments

Intercom – software used to communicate in-app via live chat

Microsoft Azure – solutions used to host the datacenter and systems

Third-Party Sites

Third-party sites, FullStory may be used solely to further enhance the Customer experience on the site. When these third parties are so used, their Acceptable Use Policies, which may be found via the links below, shall apply as well as the Automated Data Collection Policy as outlined herein. Any Customer who wishes to opt out of the use of either of both of these third-parties may do so by following the instructions on the applicable link.

FullStory – software used as an experience analytics solutions for web.

End Users

In order to provide the Services, the Social Information of End Users may be shared with Customers and Agents. Social Information for the purposes herein may include but not be limited to, an End Users’ handles on various social media sites, the activity and engagement of an End User on each site and other, publicly available information and statistics that may allow a Customer to more accurately build a campaign. Such use may include analyzing and sharing Social Information in order to examine the performance of their social posts to determine the potential effectiveness of sharing content of the End User for Customers. The information used is restricted to that made readily available by the End User when they voluntarily post to social media, and the monitoring of Social Information is done only in our legitimate business interest without infringing on any privacy interests of the End User. No Personal Information of End Users is shared with any third parties or other Users, or used in any way not subscribed to by the End User directly.

Collecting information about the social media presence of the End User requires that a certain amount of information about the individuals who follow and engage with the End User on various platforms (the “Audience”) may be collected. We use this information to provide Customers with statistics on the performance of a particular campaign. The information collected is fully aggregated and does not identify the individual Audience members.

Automated Data Collection Policy

We use FullStory for our web browser and mobile app, and other web analytics tools, to gather data on User behavior for the purpose of improving User experience with the Actu8agency platform. FullStory collects information on a User’s use of the site, such as pages visited, links clicked, non-sensitive text entered, and mouse movements, as well as information more commonly collected such as the referring URL, browser, operating system, and Internet Protocol (“IP”) address. Publicly available sources may be used to approximate a User’s geographic region and Internet Service Provider based on the User’s IP address. Additionally, on the mobile app FullStory may record: Screens visited, Interaction patterns (such as screen actions, gestures: taps, scrolls) and Device details (Type, Version, Model, Operating System). The information collected by FullStory shall be used only to enhance User experience and to provide better service if there is an issue during use of the Site. If a User wishes to prevent all websites using the FullStory Services to be able to record activity, including ours, each User may opt-out of the FullStory Services here: https://www.fullstory.com/optout/. If a User wishes to prevent UXCam recordings, each User should contact support@Actu8agency.com.

We are fully committed to respecting the rights and wishes of Users as they pertain to any information collected, including by complying with relevant data privacy laws and regulations as detailed below. We constantly weigh business needs and the legitimate privacy interests of Users and do not engage in business activities in which Users’ interests outweigh ours. If Users have any questions or concerns about the use of Personal Information or Non-Personal Information, Users are encouraged to contact us at support@Actu8agency.com.

Users are responsible for updating us on any name, e-mail or postal address, telephone number or other Personal Information changes by contacting us at support@Actu8agency.com. Similarly, Users may decline to receive newsletters or other marketing materials from Actu8agency by unsubscribing from any items, or submitting a request directly to support@Actu8agency.com. All Users can mute notifications from the Platform in their profile settings.

In general, Users’ rights include:

Cookie Policy

In order to improve Services and provide more convenient, relevant experiences to Users, we and our agents may use “cookies,” “web beacons,” and/or similar devices to track User activities. A cookie is a small amount of data that is transferred to the browser by a web server and can only be read by the server that deposited it. It functions as an identification card and enables the saving of passwords and preferences. It cannot be executed as code or deliver viruses. A web beacon is a small transparent .gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. Most browsers are initially set to accept cookies, and most services that include similar devices are typically initially activated to collect data. Browsers can be set to notify Users when they receive a cookie, giving Users the chance to decide whether to accept it. We do not support browsers’ Do Not Track features. Users can enable or disable Do Not Track by visiting the preferences or settings page of the User’s browser, keeping in mind that disabling these devices may make Services fail to work as expected.

Google Maps API

Actu8agency uses Google Maps APIs which is subject to Google’s Terms of Service. Users may find the Google Maps APIs Terms of Service here. To find out more about Google’s Privacy Policy, please refer to this link.

 We use the Google Maps API to retrieve certain information when Users make location-specific requests. This includes:

  • Adding Users’ location to profile
  • Adding Users’ hometown to profile
  • Adding Users’ current training location
  • Adding deal locations to deals

Disclosure of Personal Information

Except as otherwise outlined in this Privacy Policy, we do not sell, trade, or otherwise transfer to outside parties the Personal Information of Users. We may release User information when release is appropriate to comply with the law, to enforce our site policies, or to protect the rights, property, or safety of ourselves or others. However, anonymized and aggregated visitor information may be provided to other parties for marketing, advertising, or other uses. Such information does not identify any User individually.

Personal Information may be stored, processed, used, or accessed in the United States or other countries depending on business needs. Our operations will be governed by the laws of the countries in which we are using the information, including requirements to disclose information to government authorities, courts, or law enforcement agencies.

In the event Actu8agency sells substantially all of its assets, or is acquired, Personal Information will likely be one of the assets transferred to the new owner, who will be entitled to use the information in accordance with this Privacy Policy.

Storage and Protection of Personal Information

Actu8agency collects and uses Personal Information only for the purposes for which it was collected and in accordance with this Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the Personal Information needed to provide or improve our services. We take reasonable steps to ensure that the Personal Information we process is accurate, complete, and current, but we depend on Users to update or correct their Personal Information whenever necessary.

We store the Personal Information collected only as long as it is necessary to comply with any contractual, legal, and/or ethical obligations. We will delete the Personal Information of any User upon their reasonable request.

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of all data and information collected by us. These include secure servers and processing equipment, internal reviews of data collection, storage, and processing practices, and introducing security measures, including but not limited to, physical security measures, to guard against unauthorized access to systems where we store personal data.

Access to Personal Information is restricted to Actu8agency employees, service providers and agents who need to know that information in order to operate, develop or improve Services. All individuals with such access to Personal Information are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. However, no method of transmission of information, or method of electronic storage, is 100% secure. Therefore, while we strive to protect all Personal Information, we cannot guarantee its absolute security. IN NO EVENT WILL Actu8agency OR ITS SUBSIDIARIES, AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING SERVICES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF UNAUTHORIZED ACCESS TO THE PERSONAL INFORMATION COLLECTED BY Actu8agency IN THE PROVISION OF THE SERVICES.

Rights of the User

We are fully committed to respecting the rights and wishes of Users as they pertain to any information collected, including by complying with relevant data privacy laws and regulations as detailed below. We constantly weigh business needs and the legitimate privacy interests of Users and do not engage in business activities in which Users’ interests outweigh ours. If Users have any questions or concerns about the use of Personal Information or Non-Personal Information, Users are encouraged to contact us at support@Actu8agency.com.

Users are responsible for updating us on any name, e-mail or postal address, telephone number or other Personal Information changes by contacting us at support@Actu8agency.com. Similarly, Users may decline to receive newsletters or other marketing materials from Actu8agency by unsubscribing from any items, or submitting a request directly to support@Actu8agency.com. All Users can mute notifications from the Platform in their profile settings.

In general, Users’ rights include:

If a User chooses to exercise any of the rights listed herein, that User will not be discriminated against in our pricing or otherwise in the provision of Services. However, if Users elect to have us remove their information from the system, we will not be able to provide Services to that User anymore.

For California Residents

Your California Privacy Rights

What Rights Do You Have?

  • Right to Know– You have the right to ask us to tell you what personal information of yours we collect, use, share or sell.
  • Right to Access – You have the right to request access to the personal information of yours we collect or maintain.
  • Right to Request Deletion– You have the right to ask us to delete the personal information we collect or maintain about you.
  • No Discrimination – You have the right not to be discriminated against for exercising the rights above.

You also have Shine the Light Rights – You have the right to request and obtain from us, once a year and free of charge, a list of the third parties to whom we have disclosed certain types of personal information (if any) for their direct marketing purposes in the prior calendar year. At our option, we may respond to such requests by providing instructions about how our users can exercise their options to prevent our disclosure of personal information to third parties for their direct marketing purposes.

III. How Do You Submit These Requests to Us?

California residents can exercise these rights:

  • Shine the Light Rights
  • Requests to Access/Know
  • Request to Delete

By contacting us at: support@Actu8agency.com

We will need to verify that you are who you say you are before we delete or share personal information with you. After you submit your request, you will be sent a confirmation email and need to click on the link provided. If you make a request via email, we may need to request more information from you in order to verify your request.

For International Actu8agency Users:

For Canadian Residents

We collect, use and disclose a User’s Personal Information with the User’s consent, which may be express or implied. Users may withdraw consent to the use and disclosure of Personal Information by us or by third parties for marketing purposes at any time by contacting us at support@Actu8agency.com or at the address listed below If you would like to access, update, or request that we delete your preferences or the Personal Information that we have collected about you, please contact us, and we will respond to your request within 30 days.

For Citizens of the EU

As a citizen of the European Union, you are entitled to the full spectrum of the rights under the General Data Protection Regulation (“GDPR”) that entered into effect on May 25, 2018 and all data privacy regulations that preceded it to the extent that they were not preempted by the GDPR. We will go out of our way to accommodate any valid request within a reasonable amount of time, and in all cases in the statutorily required amount of time. As required by the GDPR, we require that all processors and subprocessors of the data we collect fully comply with the obligations of the GDPR and do not infringe on your privacy rights in any way. In particular, you have the following rights:

Right to Access

You have the right to see any Personal Information we have collected about you as well as the purpose for that collection and processing of it and whether we plan on sharing such Personal Information with anyone.

Right to Correct

You have the right to correct any inaccurate Personal Information in our possession. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed by providing a supplementary statement to Actu8agency at support@Actu8agency.com.

Right to Erase

You have the right to have your Personal Information erased from our data stores without undue delay. Additionally, we will erase Personal Information without undue delay if:

the Personal Information is no longer necessary in relation to the purposes for which it was collected;

the User withdraws consent and there is no other legitimate basis for the processing;

the User objects to the processing and there are no overriding legitimate grounds for the processing;

the Personal Information has been unlawfully processed;

the Personal Information must be erased for compliance with a legal obligation;

Right to Restrict

You have the right to restrict processing of your Personal Information.

Right to Port Data

You have the right to request your Personal Information be ported over to another controller. However, because we don’t store much Personal Information, we likely will not have the technical means to port the information automatically. If this is the case, we will recommend simply deleting the Personal Information instead. If you really want it transferred to another party, we’ll email data fields directly to the new controller and let you know via email when it is complete.

Right to Object

You have the right to object to the collection or processing of Personal Information at any time if you believe data was collected or processed unlawfully. Our team will work with the you directly to investigate the claim and take appropriate action. While the claims are under investigation, your data will be deleted from our stores. If you’d like, you may re-submit your data for access to Actu8agency content at any time.

Online Privacy Policy Only

This online privacy policy applies only to information collected through the Site and Services and not to information collected offline. This Privacy Policy operates in conjunction with our Terms of Use, which detail restrictions on the use of the Services as well as our warranties and limited liabilities related to the use of the Services.

Changes to our Privacy Policy

We are free to update this Privacy Policy at any time, without notice. However, we will notify Users a reasonable amount of time in advance if there are major modifications made to this Policy. The continued use of the Services indicates consent to the terms of this Policy.

Governing Law

The terms of this Privacy Policy are governed by and in accordance with the laws of the state of Nebraska. Users should not provide us with any Personal Information unless they consent to the application of United States law and, where applicable, Nebraska law, and to the use and disclosure of information in accordance with the terms of this Privacy Policy.