Acceptable Use Policy

This Acceptable Use Policy ("this Policy") forms a part of the End User License Agreement available at https://infutor.com.com/eula-create/ (the "EULA") governing your use of Infutor Products. This Policy defines acceptable practices and prohibited uses relating to your use of Infutor Products. The Infutor Products must be used in a manner consistent with the intended purpose of the Infutor Products, the EULA, and this Policy. By using the Infutor Products, you agree to the latest version of this Policy. In the event of any conflict or inconsistency between this Policy and the EULA, this Policy will control. Capitalized terms used but not defined herein have the meanings stated in the EULA.

Without affecting any other remedies available to us, we may permanently or temporarily terminate or suspend your access to the Infutor Products without notice or liability if we (in our sole discretion) determine that you have violated this Policy or if your use of the Infutor Products is inconsistent with this Policy, exposes us or others to legal liability or financial or reputational risk, or otherwise compromises or interferes with the integrity or operation of any of our services, systems or products.

1. COMPLIANCE AND TRANSPARENCY

You must comply with all Data Protection Laws in connection with your Processing of Event Data on your websites and online platforms. You must provide all required notices and obtain all necessary consents before such Processing. Before any collection, use, sharing, or other Processing of Personal Data, you must publish and comply with a privacy policy that complies with all applicable Data Protection Laws. Such privacy policy must be made conspicuously accessible to the individuals on your sites and notify those users of your practices regarding the Processing of Personal Data, including your provision of Personal Data to Infutor and its Affiliates. You are solely responsible for ensuring your users effectively and adequately consent to the use of all tracking, data capture and monitoring technology, and the storing and accessing of cookies or other information on the users’ devices, in connection with your use of LeadiD Create.

One of the core tenets of the Fair Information Privacy Principles is transparency. Transparency is best achieved with an explicit website disclosure notifying all visitors that you work with third-party technology providers and obtaining express prior consent for their data to be shared with those providers. This language must be in your terms of use and privacy policy and you must also present to the user a separate popup that conspicuously links to your privacy policy and terms of use and expressly requires users to acknowledge and consent to both through a call-to-action (e.g., a button or a checkbox). You may only implement our LeadiD Create script only after the user has clicked "Accept" or otherwise opted in and provided such consent. In addition, and for the avoidance of doubt, the LeadiD Create script must be placed on the website page after the user has provided such consent (often referred to as the "Thank You Page").

We cannot provide you legal advice and do not intend to do so with this Policy; if you have any questions about the law or your legal compliance, we recommend you consult your own legal counsel.

2. RESTRICTED DATA

Unless we otherwise expressly agree in writing, you must not transmit to Infutor, or use LeadiD Create in any manner that may collect, any Restricted Data. "Restricted Data" means any data that includes:

1. a) a Social Security number, passport number, driver’s license or state/federal identification number or similar identifier;
2. b) a credit card, financial account or debit card number;
3. c) employment or financial information;
4. d) biometric or genetic information;
5. e) health, health related, or health insurance information;
6. f) Personal Data relating to an individual under 18 years of age;
7. g) Personal Data relating to any individual that has withdrawn consent or exercised a right to opt-out under Data Protection Laws;
8. h) Personal Data that is considered "sensitive" under Data Protection Laws;
9. i) any data subject to the EU’s General Data Protection Regulation and its UK equivalent (collectively, GDPR);
10. j) any other information that may be subject to additional protections under applicable laws or regulations, including, but not limited to, the Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA as defined below), the Health Insurance Portability and Accountability Act (HIPAA), or the Children’s Online Privacy Protection Act (COPPA); or
11. k) any other data that could be considered sensitive, or that could give rise to notification obligations under any data breach notification laws.

3. OTHER RESTRICTIONS

You agree not to, and not to permit any third party to, engage in any of the following prohibited activities:

1. a) use the Infutor Products to collect any information of any individual located outside of the United States of America;
2. b) use the Infutor Products in connection with any website that may expose us or others to legal liability or financial or reputational risk, including without limitation on websites containing pornographic content, websites selling counterfeit goods, gambling websites, and websites otherwise soliciting, offering, promoting or facilitating illegal activities;
3. c) decompile, decode, disassemble, reverse engineer, attempt to discover any source code or underlying ideas, functionality, or algorithms of any part of the Infutor Products;
4. d) use any automated means to access, collect, copy, or record Infutor’s websites or platforms;
5. e) distribute, reproduce, modify, create derivative works of, or provide third parties access to any part of the Infutor Products;
6. f) use the Infutor Products to access any data or information (including Personal Data) other than as expressly permitted by Infutor in writing;
7. g) use the Infutor Products in any manner that adversely impacts Infutor;
8. h) use the Infutor Products in any way that (i) violates or promotes, aids, or abets the violation of any applicable law, regulation, contractual obligation or right of any person, (ii) is deceptive or defamatory, (iii) promotes or encourages hatred, violence, or harm against any individual or group, or (iv) otherwise may be harmful or objectionable (as determined by Infutor in its sole discretion);
9. i) use the Infutor Products in competition with us, to develop competing products or services, for benchmarking or competitive analysis of Infutor Products, or otherwise to Infutor’s detriment;
10. j) attempt to interfere with, probe, breach, or compromise the system integrity or security of Infutor’s properties or systems, or intercept any transmissions to or from, the servers running Infutor Products;
11. k) transmit viruses, worms, or other software agents through the Infutor Products;
12. l) impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use Infutor Products for any invasive or fraudulent purpose;
13. m) use Infutor Products to send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
14. n) remove or alter any copyright notice, any other notice, any information, or any restriction that appears in connection with the Infutor Products; or
15. o) identify or refer to Infutor or the Infutor Products in a manner that could reasonably imply an endorsement, affiliation with, or sponsorship between your or a third party and Infutor, without Infutor’s prior express written consent.

4. CONTACT

If you have any questions, please contact [email protected].