Last Updated: March 11th , 2020
The One Tusk Properties and the One Tusk Services are not GDPR compliant. If you are based in the European Union, you are prohibited from using the One Tusk Properties and One Tusk Services.
WHAT INFORMATION ONE TUSK COLLECTS FROM YOU
One Tusk collects only the information required to provide products and services to you. The amount of information provided by you and collected by One Tusk depends on the circumstances. One Tusk may collect two (2) types of information about you: Personal and Non-Personal.
1.“Personal Information.” Personal Information means any information relating to an identified or identifiable individual. An identifiable individual is one who 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 individual. One Tusk may collect Personal Information when you use the One Tusk Properties including, without limitation, setting up account information, filling out surveys, corresponding with One Tusk, using the desktop or web application or otherwise volunteering information about yourself.
2.“Non-Personal Information.” Non-Personal Information refers to information that, by itself, does not identify you as a specific individual (e.g. demographic information or website visitations). One Tusk may collect Non-Personal Information through any of the methods discussed above as well as automatically through use of industry standard technologies described further below.
HOW ONE TUSK COLLECTS YOUR INFORMATION
1. Registration. Prior to using one or more of the One Tusk Properties, One Tusk may require you to provide us with certain Personal Information and Non-Personal Information in order to create an account (“Account”) or to enable features or functionality of the One Tusk Properties.
2. Users. One Tusk may gather Personal Information about organizational representatives via various methods (phone, email, online forms, in-person meetings) but only if such Personal Information is submitted voluntarily. One Tusk may use such Personal Information for sales, marketing, and support of the One Tusk Properties. This Personal Information is never shared with third parties other than Third Party Service Providers utilized by a User in connection with One Tusk Services.
3. User communications. When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve the One Tusk Properties.
4. Payment Information. When creating an Account, for certain One Tusk Properties, or when you make online purchases, you may be asked to provide information, which may include your payment instrument number (e.g., credit card), your name and billing address, and the security code associated with your payment instrument (e.g., the CSV) and other financial data (“Payment Information”). We use Payment Information to complete transactions, as well as for the detection and prevention of fraud. When you provide Payment Information while authenticated, we will store that data to help you complete future transactions without your having to provide the information again. To remove or modify Payment Information, please contact us. After you close your account or remove Payment Information, however, we may retain your Payment Information for as long as reasonably necessary to complete your existing transaction and for the detection and prevention.
5. Information Collected Through Technology. One Tusk automatically collects and receives certain information from your computer or mobile device, including the activities you perform on the One Tusk Site, the One Tusk Software and the One Tusk Services, the type of hardware and software you are using (for example, your operating system or browser), and information obtained from cookies (see below). If you have an Account, we may link this Non-Personal Information to your Account to better understand your needs and the needs of Users in the aggregate, diagnose problems, analyze trends, provide services, improve the features and usability of the One Tusk Properties, and better understand and market to our customers and Users.
6. We use technology to automatically gather information by the following methods:
– IP Address. You may visit many areas of the One Tusk Site anonymously without the need to become a registered User. Even in such cases, One Tusk may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin services with an Internet services provider. Each time you access the One Tusk Site and each time you use any functionality of the One Tusk Application, or use communication features of the application the server logs your IP address.
– Web Beacons. Web beacons are small pieces of data that are embedded in web pages and emails. One Tusk may use these technical methods in HTML emails that One Tusk sends to Users to determine whether they have opened those emails and/or clicked on links in those emails. The information from use of these technical methods may be collected in a form that is Personal Information.
– Tracking Content Usage. If you use the One Tusk Services and you post audio visual materials including, without limitation, videos, links, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials (collectively, “Content”) to your website or to a third party website, One Tusk tracks and captures Personal and Non-Personal Information associated with User accounts and the use of Content by those that access your Content.
7. Information You Provide About a Third Party. You may have the opportunity to communicate with others from the One Tusk Properties, such as by sending an invitation to a friend, initiating an audio or video call, sending text or audio-video messages. If you choose to take advantage of this functionality, we may ask you to provide us with certain information about the person with whom you wish to communicate (e.g., name, email address, etc.). One Tusk collects such information for the purposes of facilitating the requested communication, which may contain a specific promotional message from you (e.g., an invitation to watch a video). Unless we explicitly say otherwise, One Tusk will not use this information for other marketing purposes without first obtaining consent from the person to whom the relevant information pertains. Please be aware that when you use any invitation functionality on the One Tusk Properties, your email address, name or username, and message may be included in the communication sent to your addressee(s).
HOW ONE TUSK USES YOUR INFORMATION
1. Personal Information. One Tusk identifies the purpose for which your Personal Information is collected and will be used or disclosed. If that purpose is not listed below, we will identify any additional purposes for which we will collect your Personal Information, before or at the time of collection, and we will obtain your consent to collect, use or disclose your Personal Information for such additional purpose(s).
2. By using the One Tusk Properties or the One Tusk Service, you will be deemed to consent to our use of your Personal Information for the purposes of:
– communicating with you generally;
– processing your purchases;
– processing and keeping track of transactions and reporting back to you;
– protecting against fraud or error;
– providing information or services requested by you;
– administering and managing the One Tusk Properties, the One Tusk Service, and our business operations;
– personalizing your experience with the One Tusk Site, as well as evaluating statistics on One Tusk Site activity;
– performing statistical analyses of your behavior and characteristics, in order to measure interest in and use of the various sections of the One Tusk Site;
– communicating with you on other websites;
– email gating;
– setting profile video avatars, local time, location
– recorded audio, video messages for team, group or 1-1 communications
– live audio, video, screen sharing conference calls for team, group or 1-1 communications
– delivery of content and information to Third Party Services Providers;
– complying with legal and governmental requirements; and/or
– fulfilling any other purpose that would be reasonably apparent to the average person at the time that we collect it.
3. Users utilize One Tusk Properties and the One Tusk Services to manage and deliver Content to Viewers. As part of this process, One Tusk may collect Personal Information from you.
4. Otherwise, we will obtain your express consent (by verbal, written or electronic agreement) to collect, use or disclose your Personal Information. You can change your consent preferences at any time by contacting us (see the “How to Access, Change and Erase Your Personal Information” section below).
5. One Tusk does not extend the rights granted to “data subjects” under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”) to all of its Users. Consequently, you do not have the right to withdraw your consent to our processing of your Personal Information at any time (if our processing is based on consent) or the right to object to our processing of your Personal Information. The One Site Properties and the One Site Services are not intended for or available for use by residents of the European Union and use of the One Site Properties and the One Site Services by European Union residents is prohibited.
6. Non-Personal Information. One Tusk may use Non-Personal Information for the following purposes:
– System Administration: One Tusk may use Non-Personal Information for the purposes of system administration, assisting in diagnosing problems with One Tusk servers, monitoring One Tusk’s system performance and traffic on the One Tusk Properties and to gather broad demographic information about One Tusk Users.
HOW TO ACCESS, CHANGE AND ERASE YOUR PERSONAL INFORMATION
Upon request, One Tusk will allow Users to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests. Additionally, upon request, One Tusk will delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete a User’s entry without some residual information being retained due to the manner in which data backups are maintained. Requests to delete Personal Information may be submitted to email@example.com
One Tusk may use your Personal Information to send you emails periodically listing promotions or events relating to the One Tusk Properties. You have the choice to opt-out of receiving such promotional emails by sending an email to firstname.lastname@example.org and/or following the instructions in such correspondence. Once One Tusk’s has processed your opt-out request, One Tusk will not send you promotional emails unless you opt back in to receiving such communications.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
Except as described below, we do not sell, transfer or otherwise disclose, sell, trade, or otherwise transfer your Personal Information to outside parties. This statement does not include trusted third party service providers who assist us in administering and providing the One Tusk Properties or provide services to us. These third party service providers will have access to Personal Information needed to perform their functions, but may not use it for other purposes.
We may use service providers located outside of the United States, and, if applicable, your Personal Information may be processed and stored in other countries and therefore may be subject to disclosure under the laws of those countries. You explicitly consent and agree to such transfer, storing and/or processing of your Personal Information outside of the United States or other country in which you are located.
We may share Payment Information with third parties for purposes of fraud prevention or to process payment transactions.
We may also release your information when we believe release is appropriate to comply with the law, enforce our policies, or protect our or others’ rights, property or for safety. We may also provide non-Personal Information to other parties for marketing, advertising or other uses.
Information, including Personal Information, which we collect from Users and Viewers, is considered to be a business asset. As a result, in the unlikely event that we go out of business, enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your Personal Information may be disclosed or transferred to the third-party acquirer in connection with the transaction.
Lastly, we may provide Users with certain identifiable usage information directly related to the videos and/or other Content that they make available through the One Tusk Properties. Such information may include how many and which Content of a particular User was watched by a particular Viewer, from where a particular Content was watched by a particular Viewer and how many times a particular Content was watched by a particular Viewer. In addition, if you, as a Viewer, provide Personal Information (e.g. email address) as part of accessing and viewing Content, that Personal Information may be collected by us, a provider of Third Party Services or an Integrated Platform on behalf of the User who owns the Content and shared with that User or Third Party Service providers to that User, as we and others are their service provider. The use of such information will be subject to the information and privacy practices and policies of such Users and One Tusk will not be responsible or liable or the use of any information by such Users and any One Tusk will not be responsible for their use of your information.
SAFEGUARDING YOUR PERSONAL INFORMATION
One Tusk takes appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Personal Information.
Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your Personal Information, we cannot ensure or warrant the security of any information you provide to us.
All One Tusk employees, contractors and agents who access Personal Information may be subject to discipline, including termination and criminal prosecution or unauthorized use or disclosure of Personal Information.
Some or all of the Personal Information we collect may be stored or processed on servers located outside your jurisdiction of residence, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.
RETENTION OF INFORMATION
CHILDREN AND STUDENTS
One Tusk takes the privacy of students and children extremely seriously. The One Tusk Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the One Tusk Site. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on the One Tusk Site or via the One Tusk Services. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us email@example.com
THIRD PARTY WEBSITES AND SERVICES
The One Tusk Properties may contain links to third party websites or services, including Third Party Services, (collectively, “Third Party Sources”) who may collect Personal Information and Non-Personal Information directly from you. Links to Third Party Sources are intended for convenience only. Third Party Sources are wholly independent from One Tusk. Third Party Source may have separate privacy policies and data collection practices, independent of One Tusk. One Tusk: (a) has no responsibility or liability for these independent policies or actions; (b) is not responsible for the privacy practices or the content of such websites; and (c) does not make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them.
HOW TO CONTACT US
Email us: firstname.lastname@example.org
One Tusk, Inc.
2694 Kinney Drive, Walnut Creek, CA 94595