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Creatore

Terms of Use

Last Updated: March 30, 2023

Welcome to Creatore!

The terms and conditions of this agreement (the "Terms of Use" or "Terms") govern the access and use of the www.creatoremkt.com website and our mobile application (collectively, the "Site"), owned and operated by Creatore, LLC ("Creatore," "we," "us," or "our"), by all visitors and users of the Site ("Users," "you," "your"). 

THESE TERMS OF USE CONTAIN A MANDATORY AND BINDING INDIVIDUAL ARBITRATION CLAUSE, CLASS ACTION WAIVER, WAIVER OF RIGHT TO A JURY TRIAL, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. 

Please read these Terms of Use carefully before accessing and using the Site. 

1. Acceptance 

By accessing and using the Site, you agree on your own behalf and on behalf of any organization, entity, or another person on whose behalf you may act, to accept and abide by these Terms for each and every use of the Site. Please do not access or use the Site if you do not agree with these Terms of Use.

By agreeing to these Terms of Use, you also agree to the terms of our Privacy Policy available at www.creatoremkt.com/privacy-policy, which is incorporated by reference.  

1. Updates to these Terms

We reserve the right to modify these Terms at any time by posting an updated version on the Site. At our sole discretion, we may also email registered Users with notification of changes. You are responsible for regularly reviewing these Terms, and your continued use of the Site after the effective date of a change constitutes your acceptance of the updated Terms. If any modification is unacceptable, you shall cease using the Site. If you have any questions about these Terms, contact us at jack@creatoremkt.com. 

1. Eligibility

You may only access the Site if you are in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You must be at least 16 to use or access the Site. Any use or access to the Site by anyone under 16 is strictly prohibited and violates this Agreement. The Site may not be available to Users previously removed from the Platform by us.

1. United States Only

Our Site is located within the United States and is not intended to be subject to non-US jurisdiction or law. The Site may not be appropriate or available for use in some US and/or non-US jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws and regulations in using the Site. At our sole discretion, we may limit the Site’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction we choose.

1. Our Site

Our Site provides Users with general information on our platform that connects businesses with social media influencers (“Platform”). Our Platform provides businesses who register for the Platform (“Businesses”) with the ability to post listings on the Platform for influencers to assist them as part of a marketing campaign (“Campaigns”). Social media influencers who register for our Platform (“Influencers”) may bid on the Campaigns and connect with Businesses to offer their social media marketing services ("Influencer Services"). If you are a Business or an Influencer interested in using our Platform, your access and use of the Platform is subject to the separate terms and conditions of our Business Agreement and Influencer Agreement, respectively.    

1. Disclaimers.  We do not make any warranty, guarantee, or representation that the Site or the services used to provide the Site will be available at all times or that it will be error or interruption-free. The Site is provided "as is," and you acknowledge and agree that you will not rely on any existing features of the Site being available in the future, nor any proposed updates or additional features becoming available. 
2. Access to the Site 

Subject to these Terms, you are hereby granted a non-exclusive, non-transferable, and non-sublicensable right to access and make personal, non-commercial use of our Site. We, our licensors, or designees reserve all rights not expressly granted in these Terms. If we make our mobile application available to you, we grant you a non-exclusive, non-transferable, non-assignable, and revocable license to download a single copy of our mobile application to access and use the Site.

The mobile application may not be compatible with all mobile devices, carriers, and service providers, and we do not make any representations or warranties with respect to such compatibility.

1. Your Responsibility

You are responsible for your compliance with these Terms and your own acts and omissions while using the Site. By accessing and using our Site you agree to be bound by these Terms. 

1. User-Generated Content
   1. In general.  Our Site may contain message boards, chat rooms, and other interactive features that allow you to upload, create, link, store, share, access, and otherwise submit comments, content, suggestions, and other information (collectively, “User-Generated Content”). User-Generated Content will be treated as non-confidential and may be viewable by other users.  
   2. Prohibited Content.  You are solely responsible for the accuracy, quality, integrity, and legality of your User-Generated Content, and you agree not to upload, download, post, email, or otherwise transmit any content that, without limitation:
      1. May infringe any intellectual or proprietary rights of any third party; 
      2. May be considered false or misleading information;
      3. Violates another person’s rights of celebrity or privacy, which includes, without limitation, uploading a picture of another person without such person’s consent;
      4. Is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously or otherwise objectionable;
      5. May be considered unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
      6. Would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, or national law; or
      7. Would likely incite, promote, or support discrimination, hostility, or violence.
   3. Monitoring.  You acknowledge that we shall have the right (but not the obligation), at our sole discretion, to reject or remove any of your User Generated Content if it violates these Terms or is otherwise objectionable to us, and that we may do so without any obligation to you, whether monetarily or otherwise.
2. Data Security

You understand that the technical processing and operation of the Site, including the processing of your Personal Information (as defined below), may involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices. We will maintain commercially reasonable administrative, physical, and technical safeguards designed for the protection, confidentiality, and integrity of your Personal Information. You recognize and agree that hosting content online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Site, you assume such risks. We offer no representation, warranty, or guarantee that your information will not be exposed or disclosed through errors or actions of third parties or us, including negligence. "Personal Information" means any information relating to an identified or identifiable natural person; an identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1. User Privacy

Your privacy is very important to us. Our Privacy Policy sets out the categories of Personal Information and other data we collect and how we collect, store, and use it. By accepting these Terms, you expressly consent to our disclosure and use of your Personal information as described in our Privacy Policy, which is incorporated herein by reference. We encourage you to read our Privacy Policy before you submit any Personal Information to the Site. Without limiting the terms and conditions of our Privacy Policy, you acknowledge and agree that we may disclose your Personal Information, including your name and email address, when we believe, in our sole discretion, that such disclosure is necessary or appropriate to: (i) comply with legal processes; (ii) enforce these Terms; or (iii) to protect our rights, property, or personal safety or that of other Users or the public.

1. User Conduct

In using the Site, you must comply at all times with all applicable laws, including, without limitation, all intellectual property, non-discrimination, privacy, and data security laws, and will not take any action that harms or violates the rights of any person or entity. Without limitation, you agree to not:

1. Reproduce, duplicate, copy, sell, rent, lease, resell, or exploit for commercial purposes any portion of the Site without our express written consent;
2. Share nonpublic features of the Site or any content contained on the Site with any third party;
3. Use the Site in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes;
4. Use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person or that violates any applicable law;
5. Modify or create derivative works based on the Site;
6. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. Remove or alter any copyright, watermark, attribution marks, or other proprietary notices on the Site or contained in the software used to provide the Site;
8. Use or access the Site to provide service bureau, time-sharing, or other computer hosting services to third parties;
9. Upload, download, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
10. Disrupt or interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked to the Site;
11. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software used to provide the Site;
12. Access, tamper with, or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
13. Disrupt or interfere with any other Users' enjoyment of the Site; 
14. Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; 
15. Access the Site to build, or help others to build, a similar or competitive product; or
16. Frame or link to the Site except as permitted in writing by us.
17. Suspension and Termination
    1. Termination by You.  You may terminate these Terms at any time by ceasing use of the Site. 
    2. Termination by Us.  We, without prior notice, may suspend or terminate your use of the Site at any time if, in our sole discretion, your use of the Site is in violation of these Terms or applicable laws or if we otherwise reasonably believe that your use of the Site could cause damage to the Site, the rights of other Users, or for any other reason, even if not expressly set forth in these Terms. Our right to suspend and/or terminate your access to the Site does not limit our right to seek any other remedy through these Terms or at law.
18. Proprietary Rights
    1. Our Proprietary Rights. You acknowledge and agree that the Site contains proprietary information protected by applicable intellectual property and other laws. We retain all rights, title, and interest in and to the Site, including without limitation our trademarks (all names and logos) and all other content provided on the Site by us (collectively, "Creatore IP"). These Terms do not grant you any right to reproduce, copy, modify, distribute, license, sell, transfer, publicly display, perform, or otherwise exploit the Creatore IP. No rights are granted to you other than as expressly set forth in these Terms.
    2. Feedback. You may provide us notes, emails, suggestions, reviews, concepts, or other written materials related to the Site (collectively, "Feedback"). You acknowledge and agree that you do not maintain and will not assert any ownership, intellectual property right, or other rights to the Feedback. You further agree that any Feedback provided to us will not be considered confidential information and that we are permitted to freely share, publicly display, modify, create derivative works of, or otherwise use the Feedback for any purpose. Should the ownership of the Feedback be found under applicable law not to be our property, you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into any of our products or services any Feedback provided by you relating to the provision of the Site. 
19. Third-Party Content

The Site may contain content or links to third-party applications, services, websites, and other content not owned or controlled by us ("Third-Party Content"). We do not endorse or assume any responsibility for any such Third-Party Content. If you access Third-Party Content from the Site, you do so at your own risk and understand that these Terms and our Privacy Policy do not apply to your use of Third-Party Content. You expressly relieve us from any and all liability arising from your use of Third-Party Content, and any terms related to Third-Party Content are solely between you and the Third-Party Content provider. You agree that we will not be responsible for any reliance or damages relating to your use of Third-Party Content.

1. Third-Party Services

The Site may provide access to or integrate with third-party applications, services, websites, and other services that are not owned or controlled by us ("Third-Party Services"). All Third-Party Services are provided "As-Is," and we do not warrant any Third-Party Services, regardless of whether they are required to use our Site. You expressly relieve us from any liability arising from your use of Third-Party Services, and any use by you of Third-Party Services is solely between you and the applicable Third-Party Services provider. We do not endorse or assume any responsibility for Third-Party Services. If you access Third-Party Services from the Site, you do so at your own risk and understand that these Terms do not apply to your use of Third-Party Services. We shall not be responsible for any disclosure, modification, or deletion of your Personal Information resulting from access by Third-Party Services. Additionally, we are not responsible for downtime or unavailability of Third-Party Services outside our reasonable control. Under no circumstances will we be liable for any indirect, special, incidental, punitive, or consequential damages, including loss of data, business interruption, or loss of profits arising from the use or the inability to use Third-Party Services.

1. Disclaimer of Warranties 

WE PROVIDE THE SITE ON AN "AS-IS'' AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; (III) DEFECTS, IF ANY, WILL BE CORRECTED; OR (IV) THE INFORMATION OR CONTENTS PROVIDED ON THE SITE WILL BE ACCURATE, RELIABLE, OR CURRENT. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. THE INFORMATION AND ANY CONTENT PROVIDED BY US ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE SPECIFIC ADVICE OR ENDORSEMENT. 

1. Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, OUR OWN NEGLIGENCE, SHALL WE OR OUR OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS. THIS LIMITATION APPLIES TO, WITHOUT LIMITATION: (I) THE USE OR INABILITY TO USE THE SITE; (II) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY ELECTRONIC MESSAGES YOU SEND US; OR (III) ANY OTHER MATTER RELATING TO THE SITE. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED $25. ANY CLAIM ARISING UNDER THESE TERMS MUST BE BROUGHT BY YOU WITHIN 12 MONTHS AFTER THE EVENTS GIVING RISE TO THE CAUSE OF ACTION ARE DISCOVERED, OTHERWISE YOU RELEASE US OF ANY CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

1. Indemnification 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CREATORE AND OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, AND OUR RESPECTIVE SUCCESSORS AND ASSIGNS ("INDEMNIFIED PARTIES'') FROM ANY THIRD-PARTY CLAIM, SUIT, PROCEEDING, OR GOVERNMENT ENFORCEMENT ACTIONS ARISING OUT OF, RELATED TO, OR ALLEGING AN INJURY OR LOSS CAUSED BY YOUR ACCESS AND USE OF THE SITE THAT, WITHOUT LIMITATION, INCLUDES: (I) YOUR ACCESS TO OR USE OF THE SITE FOR ILLEGAL, FRAUDULENT, OFFENSIVE, OR TORTIOUS PURPOSES; OR (II) YOUR VIOLATION OF THESE TERMS. IN ANY EVENT, WE WILL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF SUCH SUIT OR PROCEEDING THROUGH COUNSEL OF OUR CHOOSING AT OUR OWN EXPENSE. YOU WILL ALSO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RESPONDING TO ANY LEGAL ACTION, SUBPOENA, SEARCH WARRANT, OR COURT ORDER REQUIRING THE PRODUCTION OF INFORMATION OR DOCUMENTS RELATED TO SUBSECTION (I) AND (II) ABOVE.

1. General Provisions
   1. Entire Agreement.  These Terms of Use and any other terms and agreements incorporated herein by reference constitute the entire agreement between you and us concerning the Site.
   2. Severability.  In the event that any provision of these Terms is considered invalid, illegal, or unenforceable by a court of competent jurisdiction having authority to bind the parties under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.
   3. No Waiver.  Our failure at any time to enforce any of the provisions of these Terms or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of these Terms. A waiver of any default by us will not be deemed a continuing waiver but will apply solely to the instance to which such waiver is directed.
   4. Headings; Summaries.  The section headings appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or extent of such section or affect such section.
   5. Arbitration.  For any dispute, you agree to first contact us at jack@creatoremkt.com and attempt to resolve the dispute with us informally for at least thirty (30) days before initiating any arbitration or court proceeding. In the event we are unable to resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this provision to arbitrate, shall be determined solely and exclusively by binding arbitration before a single arbitrator. You and we also agree that the arbitration shall be conducted by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules, and such arbitration will be conducted in Massachusetts unless you and we agree otherwise. Each party will be responsible for paying AAA filing, administrative, and arbitrator fees per AAA rules. The award rendered by the arbitrator shall include costs of arbitration and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this arbitration provision.
   6. ​​No Class Action; No Jury Trial.  ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THESE TERMS. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
   7. Governing Law.  The laws of the United States and the State of Massachusetts shall govern this Agreement without regard to the principles of conflict of laws. Any dispute between the parties that are excluded from the arbitration agreement or that cannot be heard in small claims court shall be resolved in the United States District Court for the Eastern District of Massachusetts, and the parties submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the Eastern District of Massachusetts, then the exclusive forum and venue for any such action shall be the courts of the State of Massachusetts, located in Boston, and the parties hereby submit to the personal jurisdiction of that court.
   8. Notices; Electronic Communication.  By providing us with your email address, you consent to receive our related communications and notices electronically, and you agree that all agreements, notices, disclosures, and other communication that we provide to you via the Site or email satisfy any legal requirement for such communications to be in writing. We may also use your email address to send you other messages, such as changes to the site’s features and special offers ("Promotional Messages"). If you do not want to receive Promotional Messages, you may opt out by clicking the "Unsubscribe" link in an email or by emailing us at jack@creatoremkt.com. If you would like a physical address to send correspondence to Creatore, you may email us, and we will provide you with a mailing address.
   9. Force Majeure.  Neither party shall be liable for any failure or delay in its performance under these Terms, or any and all addenda due to circumstances beyond its reasonable control (other than the payment of sums due), provided that it notifies the other party as soon as practicable and uses its best efforts to resume performance (such a "Force Majeure Event").

Contact

1. For questions regarding these Terms of Use, contact us at jack@creatoremkt.com. 

Creatore

Privacy Policy

Last Updated: March 30, 2023

This privacy policy (the “Privacy Policy”) describes the types of Personal Information Creatore, LLC (“Creatore,” “we,” “us,” or “our”) may collect from all visitors, users, Influencers, and Businesses ("User," “you,” or "your") or that you may provide to us when accessing and using our website and/or our mobile application (collectively, the "Site").

Please read this Privacy Policy carefully before accessing and using the Site to understand our policies and procedures regarding your Personal Information and how we will treat it.

THIS PRIVACY POLICY ONLY COVERS THE PERSONAL INFORMATION WHICH WE COLLECT, DIRECTLY OR INDIRECTLY, FROM YOU OR FROM THIRD-PARTIES. IT DOES NOT COVER, AND WE HAVE NO CONTROL OVER, THE INFORMATION THAT USERS REQUEST FROM OR PROVIDE TO EACH OTHER ON OUR PLATFORM. IF YOU SHARE PERSONAL INFORMATION WITH OTHER USERS THROUGH THE PLATFORM, YOU DO SO ENTIRELY AT YOUR OWN RISK AND ANY SUCH DISCLOSURE IS SOLELY BETWEEN YOU AND THE OTHER USER(S).

Capitalized terms not otherwise defined herein have the meaning set forth in our Terms of Use, which is hereby incorporated by reference. 

Acceptance

By accessing and using our Site, you agree to the collection and use of your Personal Information in accordance with this Privacy Policy. Please do not use the Site if you do not agree with our policies and procedures.

Updates

We reserve the right to modify this Privacy Policy at any time by posting an updated Privacy Policy on the Site. If we make changes, we will notify you by revising the date at the top of the policy. If we make any material changes, we may notify you on the Site and, at our sole discretion, provide registered Users with an email notice of those changes. You are responsible for regularly reviewing this Privacy Policy, and your continued use of the Site after we make changes is deemed to be acceptance of the updated Privacy Policy. If any modification is unacceptable, you shall cease using the Site. If you have any questions about this Privacy Policy or wish to exercise any of your rights under this Privacy Policy, you may contact us at jack@creatoremkt.com.   

1. Personal Information We Collect About You

To provide the Site, we may collect Personal Information from you. “Personal information” identifies, relates to, or could reasonably be linked with you or your household. For example, it could include your name, social security number, email address, records of products purchased, internet browsing history, geolocation data, fingerprints, and inferences from other personal information that could create a profile about your preferences and characteristics.

We collect Personal Information from the following categories of sources: (a) directly from you; (b) indirectly/automatically from you; and (c) from third parties. 

1. Personal Information We Collect Directly From You

While you are accessing or using our Site, we may ask you to provide us with certain Personal Information about you that is necessary to provide you with our Site, and you may also choose to provide us with additional Personal Information.

You may also provide us with information about you at the time of registering an account with us to access and use our Platform, post content on the Platform, provide Feedback, or request customer support, which may include the following:

1. Contact Information: first and last name, email address, billing address, mailing address, business name, business address, and telephone number; 
2. Personal Information: hobbies, interests, favorite activities, employment information, and other information that you provide us through access to your Social Media Accounts; 
3. Business Information: business name, email address, and physical address; 
4. Payment Information: our third-party Payment Processor may also collect your credit card information and provide us with your name, and the date and time of the transaction. To use certain features of the Platform, you may have to connect your account with our Payment Processor, and the creation or use of a Payment Processor account is between you and the Payment Processor and not defined by the terms of this Privacy Policy;
5. Account Information: username and password, display name, age, profile photo, account activity, and other content and files you record or upload to your account;
6. Communication Information: any content of any communications you send and/or receive through the Site or other communication, such as email, to or from us; 
7. Customer Testimonials: any customer testimonials and comments on our Site, which you provide us through consent; and
8. Feedback and Support: information you provide through our customer service helpdesk, including subjects, descriptions, request type, and attachments. 

We will not ask or require you to provide sensitive information such as information related to your finances, health, marital status, or any other information not required to provide the Site. We will not ask for, and you should not provide us with, information regarding protected classifications, including: race, color, religion, national origin, sex/gender, gender identity, sexual orientation, marital status, medical condition, and disability information (as described under the appropriate state or federal law).

1. Information We Automatically Collect From You

While you are accessing and using our Site, we may automatically collect certain information from you. This information may include, but is not limited to:

1. Your device's internet protocol address (e.g. IP address), browser type and version;
2. Access date and time, pages of our Site that you visit and the time spent on those pages, and other actions while using the Site;
3. Geolocation data, such as the precise or approximate location determined from your IP address;
4. When you access the Site by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data;
5. Information about the device you use to access our Site, including the hardware model, operating system and version, unique device identifiers, and cookie data;
6. Other diagnostic data.

The information we automatically collect from you is only statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways to help us improve our Site and deliver a better and more personalized service. We use these technologies for a number of purposes, including enabling you to use the Site, facilitating the functioning of and your access to the Site, better understanding how you navigate through the Site, and detecting and preventing fraud. 

The technologies we may use for this automatic data collection may include: 

Cookies (or browser cookies). Cookies are small files placed on your computer’s hard drive when you access certain websites that record your preferences. We use cookies to track the use of and improve our Site.

Flash Cookies.  Certain features of our Site may use locally-stored objects (or Flash Cookies) to collect and store information about your preferences and/or your activity on our Site.   

Web Beacons.  Certain sections of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, or single-pixel gifs) that permit us to determine whether you performed a specific action, for example, if you visited our Site or opened an email.

1. Third-Party Use of Cookies
   

Some content or applications on the Site are served by third parties, including payment processors and content and application providers. These third parties may use cookies, web beacons, or other tracking technologies to collect information about you when you access or use our Site. The information they collect may be associated with your Personal Information, and/or they may collect information related to your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third-party tracking technologies or how they may be used. You should contact the responsible provider directly if you have questions about an advertisement or other targeted content. For more information about how to opt out of receiving targeted advertising from many providers, see the Network Advertising Initiative’s opt-out page and Google Ads setting page. 

1. Personal Information We Collect from Third Parties

We may collect Personal Information about you from other sources, including but not limited to (i) third-party services that you use to link or connect with our Services, such as Facebook, Instagram, Pinterest, Twitter, TikTok, Twitch, SnapChat, and YouTube, and (ii) service providers, analytics companies, advertising networks, and other third parties that, to the extent permitted by applicable law, provide us with additional information about you.

The information we collect from such third-parties may include the following:

• Name, account information, and friends lists or contacts, in accordance with the authorization procedures determined by such social media site; and
• Identification Information: government-issued photo ID, and User profile pictures.

1. Uploading and Posting Personal Information on the Site

You may provide Personal Information to be displayed in public areas or transmitted to other Site Users or third parties. This Personal Information is posted on and transmitted to others at your own risk. While all Site Users must abide by our Terms of Use, we cannot guarantee that their use of Personal Information that you provide directly to them or through the Site will be handled in accordance with this Privacy Policy. Commenting may be moderated by Creatore administrators and subject to approval before appearing on the Site, and we may remove a comment at any time at our discretion. You need to contact us if you want the Personal Information posted to the comments section removed.

1. How We Use Your Personal Information

We use the Personal Information you provide or we collect: 

1. To present our Site and Platform to you;
2. To provide and maintain the functionality of the Site and Platform, including monitoring the usage of our Site;
3. To notify you about changes to our Site and our Platform;
4. To allow you to participate in interactive features of our Site and Platform when you choose to do so;
5. To provide customer support;
6. To create and manage your account; 
7. To allow you to log into the Platform;
8. To provide you with news, special offers, and general information about other goods, services, and events that we offer that are similar to those you have already purchased or enquired about, unless you have opted not to receive such information;
9. For our internal business purposes, such as data analysis, audits, and so forth;
10. To gather analysis or valuable information so that we can improve our Site and our Platform;
11. To fulfill our obligations and enforce our rights arising from any contracts you entered with us;
12. To monitor the usage of our Site; 
13. To detect security incidents and protect against deceptive, illegal, or unauthorized activities; 
14. To comply with the law;
15. To evaluate and/or conduct a divestiture, restructuring, dissolution, merger, or other transfer or sale of some or all of our assets;
16. In any other way we may describe when you provide the information; and
17. For any other purpose with your consent. 
18. How We Share and Disclose Your Personal Information

Where permissible under applicable law, we may share your information in the following situations:

1. With Registered Businesses.  When an Influencer submits a Bid or otherwise communicates with a Business on the Platform, the Business is provided the Influencer’s name, social media account links, and any other information that the Influencer provides directly to the Business.
2. With Service Providers. We may share your Personal Information with service providers, contractors, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes we disclose it to them. Our service providers include:
   1. Amazon Web Services: For website hosting and to provide the Platform; and
   2. Stripe: For payment processing.
3. With Business Partners. We may share your Personal Information with our business partners to offer you certain products, services, or promotions, and they are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
4. With Other Users. When you interact in public areas with other Users, such Personal Information may be viewed by all Users and may be publicly distributed. 
5. For Business Transfers.  We may share or transfer your Personal Information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
6. As Aggregated Information.  We may disclose aggregated information about our users and information that does not identify any individual to our advertisers, business partners, or any other third party.
7. To Enforce Our Agreement.  We may disclose your Personal Information to enforce and administer our agreements, including but not limited to our Terms of Use, Influencer Agreement, and Business Agreement.
8. To Protect Our Rights.  We may disclose your Personal Information to protect the rights, property, or personal safety of our company, its employees, its members, and the public. 
9. For Legal Compliance.  We may disclose your Personal Information to comply with the law, a court order, or legal process, including: (a) notices of intellectual property infringement, (b) claims that User-Generated Content violated the rights of third parties, (c) government or regulatory request, and/or (d) investigate the use of or respond to alleged violations or infringement of Third-Party Content. 
10. With Your Consent.  We may disclose your Personal Information for any other purpose with your consent.
11. How We Secure Your Personal Information

We use commercially reasonable technical safeguards to secure any Personal Information we collect about you. The secure server software ("SSL") encrypts all information you input before sending it to us. In addition, your account information is password-protected for your privacy and security. You should always take steps to protect the confidentiality of the password you select. You must protect yourself against unauthorized access to your password and computer. Be sure to sign off when you finish using a shared computer. 

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. If you have any questions about our services’ security, you can contact us at jack@creatoremkt.com.  

1. How You Can Manage Your Personal Information

You may correct, amend, or delete the information we hold about you. After receiving proof of your identity, you may request that we delete or change any or all of your Personal Information (subject to certain exceptions), and we will do our best to respond to your request within thirty (30) days of receipt. 

You are responsible for keeping your Personal Information up to date. If you are registered on our Platform, most of your account information can be changed in the "Edit Profile" section.

1. Retention of Your Personal Information

We may retain your Personal Information for as long as your account is active or as needed to provide you with the Site. We will also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 

We will also retain statistical data for internal analysis purposes for any period of time as we choose unless we are legally obligated to retain this data for longer periods

1. Consent to Processing of Your Personal Information in the United States

Please be aware that your Personal Information may be processed by us (and third parties on our behalf as further described in this Privacy Policy) outside of your home country, including to the United States, where data protection and privacy regulations may not offer the same level of protection as privacy laws in your country. If you create an account with us, you agree to this Privacy Policy, and you consent to the transfer of all information you provide to us in the United States. 

1. Opting-Out of Personalized Ads

You may choose to opt out of receiving emails and newsletters from us and delete, disable, and manage browser cookies and flash cookies.

1. Marketing Emails Opt-Out.  If you no longer want to receive marketing emails from us, you may click the “Unsubscribe” link in an email, follow the instructions provided in any email we send, or contact us at jack@creatoremkt.com. 
2. Tracking Opt-Out.  You can opt out of accepting cookies (or browser cookies) by activating the appropriate setting on your browser or setting your browser to alert you when cookies are being sent. However, if you disable or refuse, you may not be able to access and use some parts of our Site. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies; please visit Adobe’s Flash player settings page for more information on managing Flash cookies.
3. Third-Party Websites

We may provide links to third-party websites within the Site, but this Privacy Policy does not apply when you access third-party websites directly from the Site. Please note that we have no control or responsibility over their data collection, use, or disclosure practices. You will be subject to their privacy policies when you click on links that take you to external websites. If you access and transmit information to third-party websites, you do so at your own risk. You should carefully review the privacy policy of any third-party website you visit before using it or disclosing your Personal Information to its provider.

1. Collection of Payment Information

We use a third-party Payment Processor for processing payments and any other fees applicable to your use of the Platform and for any Influencer Services that you purchase through the Platform. Our current Payment Processor, Stripe, collects all necessary payment information, and we will not store or collect your payment card details. Payment information will be provided by you directly to our Payment Processor, whose use of your Personal Information is governed by their privacy policy. For more information about Stripe’s privacy policy, please visit the Stripe website.

1. Personal Information of Minors

The Site is intended for individuals 16 or older. If you are under 16, you may not use the Site nor have an account on the Platform. We do not knowingly collect information from or direct any of our content specifically to children under 16. If we learn or have reason to suspect that you are a User who is under the age of 16, we will have to close your account. If you believe we might have any information from or about a child under the age of 16, please contact us at jack@creatoremkt.com.

1. Supplemental Notice to California Residents 

Users of the Site that reside in California may have additional rights afforded to them under California privacy laws. 

1. Additional Definitions Applicable to California Privacy Laws

“CCPA” or “California Consumer Privacy Act” means California Civil Code § 1798.100 et seq.

"Consumer," "Business," "Sell," and "Service Provider" will have the meanings given to them in the CCPA.

1. California Consumer Privacy Act ("CCPA")
   1. Your Rights.  If the processing of your Personal Information is subject to the CCPA, you have the right to:
      1. Request us to disclose the categories and specific pieces of Personal Information we collect, use, disclose, and sell;
      2. Know the categories of Personal Information that we collect and the purposes for which we collected or used such Personal Information and whether that information is sold or shared; 
      3. Know the categories of sources from which the Personal Information was collected;
      4. Know the categories of third parties with whom we shared or to whom we sell your Personal Information;
      5. Know whether we collected or sold your Personal Information for business or commercial purposes; 
      6. Request deletion of Personal Information we collected from you, subject to certain exceptions;
      7. Opt-out of the sale of their Personal Information; and
      8. Not receive discriminatory treatment by us for exercising their rights set out in the CCPA.
   2. Categories of Personal Information Collected by Us

For information about what categories of Personal Information we may collect from our Users in the twelve (12) months preceding the date this Privacy Policy was last modified, the sources of such information, the purposes for collecting and using that information and what types of third-party service provider we may share that information with please see the following sections in this Privacy Policy titled: “Personal Information We Collect About You”; “How We Use Your Personal Information;” and “How We Share and Disclose Your Personal Information.” For more information about how to review and change your Personal Information collected through the Site, please see the section titled “How You Can Manage Your Personal Information.”

1. Categories of Personal Information Disclosed for a Business Purpose

The following is a summary of the categories of Personal Information we have disclosed for a business or commercial purpose in the 12 months preceding the date this Privacy Policy was last modified. 

Categories of Personal Information we collect include:

Parties with whom each category of Personal Information may be shared include:

Identifiers: Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Service providers, payment processors, our affiliates, our business partners, third-party vendors to whom you or your agents authorize us to disclose your Personal Information in connection with our Site, other users of the Site where you consent to display your Personal Information publicly. 

Categories of Personal Information described in California Civil Code §1798.80(e): Name, mailing address, billing address, and telephone number.

Service providers, payment processors, our affiliates, our business partners, third-party vendors to whom you or your agents authorize us to disclose your Personal Information in connection with our Site, other users of the Site where you consent to display your Personal Information publicly.

Financial Information: billing address, bank account number, credit card number, debit card number, or any other financial information.

Payment Processors, our affiliates, and our business partners to whom you or your agents authorize us to disclose your Personal Information in connection with our Site.

Commercial Information: Records and history of Subscription Plans purchased, obtained, or considered, or other purchasing consuming histories or tendencies.

Service providers, payment processors, our affiliates, our business partners, and third-party vendors to whom you or your agents authorize us to disclose your Personal Information in connection with our Site.

Internet and other similar network activity. 

Service providers, payment processors, our affiliates, our business partners, and third-party vendors to whom you or your agents authorize us to disclose your Personal Information in connection with our Site.

Geolocation Data

Service providers, payment processors, our affiliates, our business partners, and third-party vendors to whom you or your agents authorize us to disclose your Personal Information in connection with our Services.

Such categories of Personal Information may be collected, used, or disclosed for business and commercial purposes, which may include the following examples:

1. To operate and improve our Site and our Platform;
2. To provide you with our Site and the Platform, respond to your inquiries, and give you the necessary support;
3. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
4. As described to you when collecting your Personal Information or as otherwise set forth in the CCPA;
5. For internal administrative and auditing purposes; and
6. To detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, including, when necessary, to prosecute those responsible for such activities.
7. Do Not Sell My Personal Information 

As a California consumer, you have the right to opt out of the sale of your Personal Information. To make such a request, please contact us by email at jack@creatoremkt.com.

In the past 12 months, we have not sold your Personal Information other than to utilize Google Analytics to gain insights regarding how users interact with the Site and to better provide the Site. See the heading titled ‘Google Analytics’ of this Privacy Policy for more information about our use of Google Analytics and the categories of Personal Information collected by Google Analytics.

1. Minors

If you are under 18 and registered with our Site, you have the right to request and obtain the removal of content or information you have publicly posted under the California Business and Professions Code Section 22581. Be aware that your request does not guarantee the complete or comprehensive removal of content or information posted online, as the law may not permit or require removal in certain circumstances.

1. Do not Track Features

California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. However, no uniform technology standard for recognizing and implementing DNT signals exists presently. As such, we do not currently respond to or support DNT signals or any other mechanism that automatically communicates your choice not to be tracked online.

1. California’s Shine the Light Law

Under California's Shine the Light Law, California Consumers may request the type of Personal Information we disclosed to third parties for their direct marketing purposes and a list of those third parties (if any). We have not disclosed Personal Information to third parties for direct marketing purposes.

To make any requests regarding your California Privacy Rights, please contact us by email at jack@creatoremkt.com.

Social Media Metrics Collection and Use

Our application integrates with various social media platforms, including Google's YouTube Data API, Instagram, Facebook, Twitch, and TikTok, to enhance your experience by calculating your 'Creator Score' using metrics from your posted content. Here are the specifics of our data collection and usage practices:

Data We Collect

• YouTube Metrics: Like and comment counts of a limited number of your posted videos.
• Instagram Metrics: Likes, comments, content views, and follower counts from your posts.
• Facebook Metrics: Likes, comments, content views, and follower counts from your posts.
• Twitch Metrics: Views, comments, likes, and follower counts from your streams and videos.
• TikTok Metrics: Likes, comments, views, and follower counts from your videos.

Purpose of Data Collection

• The collected metrics are used solely to calculate your 'Creator Score' within our application. We do not use this data for any other purposes.

Data Storage

• We store the collected metrics securely and ensure that your personal data is protected. No other data from your social media accounts is stored or used.

Data Sharing

• We do not share your data with third parties. Your data is used exclusively within our application to calculate and display your 'Creatore Score'.

User Consent

• By connecting your social media accounts, you consent to our collection and use of your content metrics as described in this policy.

Data Security

• We implement industry-standard security measures to protect your data from unauthorized access, disclosure, or alteration.

User Control

• You have control over your data. You can disconnect your social media accounts at any time, and we will promptly delete the stored metrics from our servers.

Compliance with Platform Policies

• Our data handling practices comply with the limited use requirements and user data policies of each social media platform. We ensure that the data we collect is used solely for the purposes stated above and is not shared with third parties.

Links

Google Services User Data Policy: https://developers.google.com/terms/api-services-user-data-policy

Contact Information

1. If you have any questions or complaints about this Privacy Policy or our handling of your Personal Information, please contact us at jack@creatoremkt.com.