Privacy Policy

Terms of Service & Privacy Policy

Last updated August 6, 2018

PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL

RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

 

This User Agreement (this “Agreement”) is a contract between you (“you”, “you” or “User”) Inspiration Scout LLC DBA The Tout Scout (“The Tout Scout,” “we,”, “our” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at www.thetoutscout.com or any part of the rest of the Site (defined in the Site Terms of Use) or the Site Services (defined in the Site Terms of Use).

 

This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: Site Terms of Use; Cookie Policy; Privacy Policy and the escrow instructions as applicable to any Service Contract you enter into with another User.

 

These agreements are collectively, with this Agreement, called the “Terms of Service”. Subject to the conditions set forth herein, The Tout Scout may, in its sole discretion, amend this Agreement and the other Terms of Service at

Any time by posting a revised version on the Site. The Tout Scout will provide reasonable advance notice of any amendment that includes a

Substantial Change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by The Tout Scout, The Tout Scout will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the“Effective Date”).

 

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTEDBY THE SITE TERMS OF USE.

 

IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR

AGENCY.

 

 

 

  1. THE TOUT SCOUT ACCOUNTS

Section 1 discusses what you must agree to before using the Site or Site Services and the different types of accounts that can be created on the Site, as detailed below.

 

1.1 REGISTRATION AND ACCEPTANCE

By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.

To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. The Tout Scout reserves the right to decline a registration to join The Tout Scout for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

 

If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.

 

1.2 ACCOUNT ELIGIBILITY

The Tout Scout offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Site and Site Services, you must, and hereby represent that you

(a) have or are an employee or agent of and authorized to act for an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity);

(b) will use the Site and Site Services for business purposes only;

(c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Freelance Services; and

(d) a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) who can form legally binding contracts.

 

1.3 ACCOUNT PROFILE

To register for an Account to join the Site and view Site content, you must complete a User profile (“Profile”), which you consent to be shown to other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your brand/podcast, or the statistics/demographics of your podcast/brand, and to correct any such information that is or becomes false or misleading.

 

There are two types of profiles:

 

Brand Profile: created by the representative of a company. The Brand Profile provides details and images of the brand/product/service that the company wants to promote. A monthly membership fee is charged for hosting the Brand Profile and making it visible to Podcasts so they can show interest.

 

Podcast Profile: created by the representative of the podcast. The Podcast Profile outlines details of the podcast including; host information, cpm statistics, demographics, social media account, website and other relevant details. A monthly membership fee is charged for hosting the Podcast Profile and making it visible to Brands so they can show interest.

 

1.4 ACCOUNT TYPES

There are a two different Account types. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.

 

1.4.1 BRAND ACCOUNT

You can register an Account to use the Site and Site Services as a company (a “Brand Account”). A Brand Account can be created by the representative of a company for the purpose of posting a Brand Profile for the brand/product/service that the company would like to promote. After posting the Brand Account, brand representatives can search for Podcasts that meet the sponsorship criteria of the Brand.

 

1.4.2 PODCAST ACCOUNT

You can register for an Account to use the Site and Site Services as a Podcast (a “Podcast Account”). A Podcast Account can be created by the representative of a podcast for the purpose of posting a profile for the podcast that provides information about the podcast including details on the host, audience, cpm statistics and other relevant details. After posting the Podcast Account, podcast representatives can search for Brands that meet the sponsorship criteria of the Podcast.

 

1.5 ACCOUNT PERMISSIONS

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, you represent and warrant that

(a) the User is authorized to act on your behalf.

(b) you are financially responsible for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account.

(c) you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Site. Upon closure of an Account, The Tout Scout may close any or all related Accounts.

 

 

1.6 USERNAMES AND PASSWORDS

When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize The Tout Scout to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.

 

 

  1. PURPOSE OF THE TOUT SCOUT

Section 2 discusses what The Tout Scout does and does not do when providing the Site and Site Services and some of your responsibilities when using the Site to find or enter into a promotional agreement (“Campaign”) with a Brand or Podcast, as detailed below.

 

The Site is a meeting place for Podcasts and Brands where Podcasts and Brands can create a Campaign together whereby the Podcast offers promotional services “Podcast Services” in return for compensation from the Brand. Subject to the Terms of Service, The Tout Scout provides the Site Services to Users, including hosting and maintaining the Site, facilitating communication between the Podcast and Brand enabling the Podcast and Brand to create a Campaign and offering a method to transfer Campaign funds. A Brand and Podcast can create a “Service Contract”, independent of The Tout Scout, that outlines the services that will be provided by the Podcast and the compensation that the Brand will pay the Podcast as well as any other terms imposed by either party.

 

2.1 RELATIONSHIP WITH THE TOUT SCOUT

The Tout Scout merely makes the Site and Site Services available to enable Podcasts and Brands to find and transact directly with each other. The Tout Scout does not introduce Podcasts to Brands, suggest Campaign content to provide legal contracts for Campaigns. Through the Site and Site Services, Podcasts may be notified of Brands that may be interested in partnering with them, and Brands may be notified of Podcasts that are interested in partnering with them; at all times, however, Users are responsible for evaluating and determining the suitability of any Campaign, Brand or Podcast on their own. If Users decide to enter into a Campaign, the Service Contract is directly between the Users and The Tout Scout is not a party to that Service Contract. You acknowledge, agree, and understand that The Tout Scout is not a party to the relationship or any dealings between Brand and Podcast.

 

Without limitation, Users are solely responsible for

(a) ensuring the accuracy and legality of any User Content

(b) determining the suitability of other Users for a Service Contract

(c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts

(d) performing services outlined in the Campaign

(e) paying for services outlined in the Campaign

 

You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User. The Tout Scout does not make any representations about or guarantee the truth or accuracy of any Podcast’s or Brand’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Podcasts or Brands; and does not vet or otherwise perform background checks on Podcasts or Brands. You acknowledge, agree, and understand that The Tout Scout is not responsible for any Campaign, Campaign terms or Campaign results. The Tout Scout makes no representations about and does not guarantee, and you agree not to hold The Tout Scout responsible for, the quality, safety, or legality of services provided by a Podcast; the qualifications, background, or identities of Users; the ability of Podcasts to deliver the services outlined in the Campaign; the ability of Brands to pay for the Campaign; User Content, statements or posts made by Users; or the ability or willingness of a Brand or Podcast to actually complete a transaction.

 

You also acknowledge, agree, and understand that Podcasts are solely responsible for determining, and have the sole right to determine, which Campaigns to accept; the time, place, manner, and means of providing any Podcast Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that:

 

  • you are not an employee of The Tout Scout, and you are not eligible for any of the rights or benefits of employment(including unemployment and/or workers compensation insurance);

(ii)      The Tout Scout will not have any liability or obligations under or      related to Service Contracts and/or services provided by the Podcast for any acts or omissions by you or other Users;

(iii)    The Tout Scout does not, in any way, supervise, direct, or control any Podcast or Podcast Services; does not impose quality standards or a deadline for completion of any Podcast Services; and does not dictate the performance, methods or process Podcast uses to perform services;

(iv) The Podcast is free to determine when and if to perform Podcast Services, including the days worked and time periods of work, and The Tout Scout does not set or have any control over Podcast’s pricing, work hours, work schedules, or work location, nor is The Tout Scout involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to the Podcast for a Campaign;

(v) Podcast will be paid at such times and amounts as agreed with a Brand in         a given Service Contract, and The Tout Scout does not, in any way, provide or guarantee Podcast a regular salary or any minimum, regular payment;

(vi) The Tout Scout does not provide Podcasts with

training or any equipment, labor, tools, or materials related to any Service Contract.

 

2.2 TAXES AND BENEFITS

Podcast acknowledges and agrees that Podcast is solely responsible

(a) for all tax liability associated with payments received from Podcast’s Campaigns through The Tout Scout, and that The Tout Scout will not withhold any taxes from payments to Podcast;

(b) to obtain any liability insurance required and that Podcast is not covered by or eligible for any insurance from The Tout Scout;

(c) for determining whether Podcast is required by applicable law to issue any particular invoices for the Podcast Services and for issuing any invoices so required;

(d) for determining whether Podcast is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges

applicable to the Podcast Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and

(e) if outside of the United States, for determining if The Tout Scout is required by applicable law to withhold any amount of the Podcast Fees and for notifying The Tout Scout of any such requirement and indemnifying The Tout Scout for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of The Tout Scout, Podcast agrees to promptly cooperate with The Tout Scout and provide copies of Podcast’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Podcast is engaging in an independent business as represented to The Tout Scout.

 

  1. CONTRACTUAL RELATIONSHIP BETWEEN BRAND AND

PODCAST

Section 3 discusses the relationship you may decide to enter into with another User, including Service Contracts between Users, as detailed below.

 

3.1 SERVICE CONTRACTS

If a Brand and Podcast decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Brand and Podcast. Brand and Podcast have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You acknowledge, agree, and understand that The Tout Scout is not a party to any Service Contracts, that the formation of a Service Contract between Users will not, under any circumstance, create an employment

or other service relationship between The Tout Scout and any Podcast or a partnership or joint venture between The Tout Scout and any User.

 

With respect to any Service Contract, Brands and Podcasts may enter into any written agreements that they deem appropriate, provided that any such agreements do not conflict with, narrow, or expand The Tout Scout’s rights and obligations under the Terms of Service.

 

3.2 CONFIDENTIAL INFORMATION

Users may agree to any terms they deem appropriate with respect to confidentiality. If and to the extent that the Users do not articulate any different agreement, then they agree that this Section 3.2 (Confidentiality) applies. To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies there of contained in or on its premises, systems, or any other equipment otherwise under its control.

 

3.4 THIRD-PARTY BENEFICIARIES

It is the intent of the Parties to this Agreement that Users who have entered into Service Contracts or disclosed or received Confidential Information to another User are third-party beneficiaries of this Agreement with respect to this Section 3 only.

 

5.2 MEMBERSHIP FEES & PAYMENTS

Podcasts and Brands must pay a membership fee to access the Site and Services. The fee is charged on a monthly basis and can be cancelled at any time. Until the membership is cancelled, the User or Brand will be charged the membership fee every month. The Podcast or Brand can cancel their subscription at any time in their account settings or email hello@thetoutscout.com explaining that they would like to cancel their membership. Once a membership is cancelled, the Podcast or Brand will lose access to the Site and Services and their profile will not be published or visible to other Site Users. After cancellation it may take up to 14 days for the profile to be removed from the Site.

 

 

5.4 PAYMENT PROCESSING AND ADMINISTRATION FEES

If Brands use The Tout Scout Services to transfer funds to the Podcast, a fee for payment processing and administration will be charged. The fee is 6% of the total of the funds transferred.

 

 

5.3 NO REFUNDS

Once paid, the membership fee is non-refundable. If a User has an issue with their payment, they can contact hello@thetoutscout.com and our support staff will assist the User.

 

5.4 NO RETURN OF FUNDS

Brands that transfer funds to podcasts using the Site Services, acknowledge and agree that The Tout Scout will charge Brand’s designated Payment Method for the Campaign fee and that once The Tout Scout charges or debits the Brand’s designated Payment Method for the Campaign fee, the charge or debit is non-refundable, except as otherwise required by applicable law. If a dispute arises the Brand and/or Podcast must contact hello@thetoutscout.com to resolved the dispute. Brand agrees not to ask its credit card company, bank, or other Payment Method providerto charge back any Podcast Fees or other fees charged pursuant to the Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms of Service. If Brand initiates a chargeback in violation of this Agreement, Brand agrees that The Tout Scout or The Tout Scout may dispute or appeal the chargeback and institute collection action against Brand and take such other action it deems appropriate.

 

 

5.5 VAT AND OTHER TAXES

The Tout Scout may be required by applicable law to collect taxes or levies including, without limitation, withholding income tax or VAT (while

some countries may refer to VAT using other terms, e.g. GST, we’ll just refer to VAT, GST and any local sales taxes collectively as “VAT”) in the jurisdiction of the Podcast (the “Taxes”). In such instances, any amounts The Tout Scout is required to collect or withhold for the payment of any such Taxes shall be collected in addition to the fees owed to The Tout Scout under the Terms of Service.

 

5.6 NO FEE FOR INTRODUCING OR FOR FINDING CAMPAIGNS

The Tout Scout does not introduce Brands to Podcasts and does not help Brands and Podcasts secure Campaigns. The Tout Scout merely makes the Site and

Site Services available to enable Brands and Podcasts to do so themselves and may from time to time highlight Campaigns or Brand or Podcast Profiles that may be of interest. Therefore, The Tout Scout does not charge a fee when a Podcast finds a suitable Brand or finds a Campaign.

 

5.7 PAYMENT METHODS

In order to use the Site Services, Brands and Podcasts must provide account information for at least one valid Payment Method. Brands and Podcasts hereby authorize The Tout Scout to run credit card authorizations on all credit cards provided, to store credit card and banking or other financial details as Brand’s or Podcast’s method of payment consistent with our Privacy Policy, and

to charge Brand’s credit card (or any other Payment Method) for Campaign fees and any other amounts owed under the Terms of Service. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.

Payment Methods will be charged by Inspiration Scout LLC. By providing Payment Method information through the Site and authorizing payments with the Payment Method, Brands and Podcasts represent, warrant, and covenant that:

(a) Brand or Podcast is legally authorized to provide such information;

(b) Brand or Podcast is legally authorized to make payments using the Payment Method(s);

(c) if Brand or Podcast is an employee or agent of a company or person that owns the Payment Method, that Brand or Podcast is authorized by the company or person to use the Payment Method to make payments on The Tout Scout;

(d) such actions do not violate the terms and conditions applicable to Brand or Podcast’s use of such Payment Method(s) or applicable law. When Brand or Podcast authorizes a payment using a Payment Method via the Site, Brand represents and warrants that there are sufficient funds or credit available to

complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Brand or Podcast’s Payment Method(s), Brand is solely responsible for paying such amounts by other means. Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, The Tout Scout is not liable to any User if The Tout Scout does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. The Tout Scout will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement and any applicable Escrow Instructions.

 

5.8 U.S. DOLLARS AND FOREIGN CURRENCY CONVERSION

The Site and the Site Services operate in U.S. Dollars. Users paying with a currency other than US Dollars may be charged a fee and/or commission by their financial institution for the conversion of their currency to US Dollars.

 

 

  1. WARRANTY DISCLAIMER

Section 7 discusses your agreement and understanding that the Site and Site Services may not always be available or work perfectly, as detailed below.

You agree not to rely on the Site, the Site Services, any information on the Site or the continuation of the Site. The Site and the Site Services are provided “as is” and on an “as available” basis. The Tout Scout makes no representations or warranties with regard to the Site, the Site Services, or any activities or

items related to this Agreement or the Terms of Service. To the maximum extent permitted by applicable law, The Tout Scout disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and noninfringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to you.

 

  1. LIMITATION OF LIABILITY

Section 8 discusses your agreement that The Tout Scout usually will not have to pay you damages relating to your use of the Site and Site

Services. The Tout Scout is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms

of Service, including, but not limited to: your use of or your inability to use our Site or Site Services; delays or disruptions in our Site or Site Services; viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services; glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services; damage to your hardware device from the use of the Site or Site Services; the content, actions, or inactions of third parties’ use of the Site or Site Services; a suspension or other action taken with respect to your Account; your reliance on the quality, accuracy, or reliability Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site; and your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

 

Additionally, in no event will the Tout Scout, our affiliates, our licensors, or our third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. The liability of The Tout Scout, our affiliates, our licensors, and our third-party service providers to any user for any claim arising out of or in connection with this agreement or the other Terms of Service will not exceed the lesser of: (a) $1,500; or (b) any fees retained by The Tout Scout with respect to Service Contracts on which user was involved as Brand or Podcast during the six-month period preceding the date of the claim. These limitations will apply to any liability, arising from any cause of action whatsoever arising out of or in connection with this agreement or the other Terms of Service, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose. Some States and Jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to you.

 

 

  1. RELEASE

Section 8 discusses your agreement not to hold us responsible for any dispute you may have with another User, as detailed below. In addition to the recognition that The Tout Scout is not a party to any contract between Users, you hereby release The Tout Scout, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Podcast Services provided to Brand by a Podcast and requests for refunds based upon disputes.

 

 

 

 

 

 

  1. INDEMNIFICATION

Section 9 discusses your agreement to pay for any costs or losses we have as a result of a claim brought against us related to your use of the Site or Site Services or your illegal or harmful conduct, as detailed below. You will indemnify, defend, and hold harmless The Tout Scout, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Site and the Site Services by you or your agents, including any payment obligations or default incurred through use of the Site Services; (b) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Podcast as an independent contractor; the classification of The Tout Scout as an employer or joint employer of Podcast; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section 9, your agents includes any person who has apparent authority to access or use your account demonstrated by using your username and password.

“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party. “Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.

 

  1. AGREEMENT TERM AND TERMINATION

Section 10 discusses your and The Tout Scout’s agreement about when and how long this Agreement will last, when and how either you or

The Tout Scout can end this Agreement, and what happens if either of us ends the Agreement, as detailed below.

 

10.1 TERMINATION

Unless both you and The Tout Scout expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to hello@The Tout Scout.com. In the event you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed.

 

Without limiting The Tout Scout’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or The Tout Scout or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without The Tout Scout’s prior written consent.

 

If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.

You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows: if The Tout Scout decides to temporarily or permanently close your account, The Tout Scout has the right where allowed by

Law but not the obligation to: (a) notify other users that have entered into service contracts with you to Inform them of your closed account status, (b) provide those users with a summary of the reasons for your Account closure. You agree that The Tout scout will have no liability arising from or relating to any notice that it may provide to any user regarding closed account status or the reason(s) for the closure.

 

10.2 ACCOUNT DATA ON CLOSURE

Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and that that any closure of your Account may involve deletion of any content stored in your Account for which The Tout Scout will have no liability whatsoever. The Tout Scout, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.

 

10.3 SURVIVAL

After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or The Tout Scout from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

 

  1. DISPUTES BETWEEN YOU AND THE TOUT SCOUT

Section 11 discusses your agreement with The Tout Scout and our agreement with you about how we will resolve any disputes, including that we will both first try to resolve any dispute informally and, if you are in the United States, that we both agree to use arbitration instead of going to court or using a jury if we can’t resolve the dispute informally, as detailed below.

 

11.1 DISPUTE PROCESS, ARBITRATION, AND SCOPE

If a dispute arises between you and The Tout Scout or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, unless you opt out, you, The Tout Scout, and our Affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Service, your relationship with The Tout Scout (including without limitation any claimed employment with The Tout Scout or one of our Affiliates or successors), the termination of your relationship with The Tout Scout, or the Site Services (each, a “Claim”) in accordance with this Section 11 (sometimes referred to as the “Arbitration Provision”). Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, the Terms of Service, any Service Contract, payments or agreements, any payments or monies you claim are due to you from The Tout Scout or our Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, expense reimbursement, termination, discrimination, retaliation or harassment and claims arising under the Defend Trade Secrets Act of 2016, Civil Rights Act of 1964, Rehabilitation Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to your relationship with The Tout Scout or the termination of that relationship. Disputes between the parties that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) or as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of this Agreement.

 

11.2 CHOICE OF LAW

These Site Terms of Use, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG); provided, however, that any Claims made by any Podcast located within the United States will be governed by the law of the state in which such Podcast resides. However, notwithstanding the foregoing sentence, this Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).

 

11.3 INFORMAL DISPUTE RESOLUTION

Before serving a demand for arbitration of a Claim, you and The Tout Scout agree to first notify each other of the Claim. You agree to notify The Tout Scout by email to hello@The Tout Scout.com, and The Tout Scout agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and The Tout Scout then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or The Tout Scout, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and The Tout Scout will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.

 

11.4 BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER (DOES NOT APPLY TO USERS LOCATED OUTSIDE THE UNITED STATES AND ITS TERRITORIES)

This Arbitration Provision applies to all Users except Users located outside of the United States and its territories. In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, The Tout Scout, and our Affiliates agree to resolve the Claim by final and binding arbitration before an arbitrator from JAMS, instead of a court or jury. JAMS may be contacted at www.jamsadr.com.

 

11.4.1. RIGHT TO OPT OUT OF THE ARBITRATION PROVISION

You may opt out of the Arbitration Provision contained in this Section 11 by notifying The Tout Scout in writing within 30 days of the date you first registered for the Site. To opt out, you must send a written notification to The Tout Scout by email at hello@thetoutscout.com that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address,

and (f) a statement indicating that you wish to opt out of the Arbitration Provision. Opting out of this Arbitration Provision will not affect any other terms of this Agreement. If you do not opt out as provided in this Section 11.4.1, continuing your relationship with The Tout Scout constitutes mutual acceptance of the terms of this Arbitration Provision by you and The Tout Scout. You have the right to consult with counsel of your choice concerning this Agreement and the Arbitration Provision.

 

  1. GENERAL

Section 12 discusses additional terms of the agreement between you and The Tout Scout, including that the Terms of Service contain our full agreement, how the agreement will be interpreted and applied, and your agreement not to access the Site from certain locations, as detailed below.

 

12.1 ENTIRE AGREEMENT

This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and The Tout Scout relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though The Tout Scout drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or The Tout Scout because of the authorship of any provision of the Terms of Service.

 

12.2 MODIFICATIONS; WAIVER

No modification or amendment to the Terms of Service will be binding upon The Tout Scout unless in a written instrument signed by a duly authorized representative of The Tout Scout or posted on the Site by The Tout Scout. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

 

12.3 ASSIGNABILITY

User may not assign the Terms of Service, or any of its rights or obligations hereunder, without The Tout Scout’s prior written consent in the form of a written instrument signed by a duly authorized representative of The Tout Scout. The Tout Scout may freely assign this Agreement and the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

 

12.4 SEVERABILITY

If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

 

15.5 FORCE MAJEURE

The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.

 

15.6 ACCESS OF THE SITE OUTSIDE THE UNITED STATES

The Tout Scout makes no representations that the Site is appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export

Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.

In order to access or use the Site or Site Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services and your license to use the Site or Site Services will be immediately revoked.

 

15.7 CONSENT TO USE ELECTRONIC RECORDS

In connection with the Site Terms of Use, you may be entitled to receive certain records from The Tout Scout or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.

 

 

 

Privacy Policy

Last Updated July 15th 2018

Inspiration Scout LLC DBA “The Tout Scout” (“We”, “Us”, “Our”) provides this Privacy Policy to let you know our policies and procedures regarding the collection, use and disclosure of information through www.thetoutscout.com (the “Site”), and any other websites, features, applications, widgets or online services that are owned or controlled by Inspiration Scout and that post a link to this Privacy Policy (together with the Site, the “Service”), as well as any information we collect offline in connection with the Service. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. Note that we combine the information we collect from you from the Site, through the Service generally, or offline.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at hello@thetoutscout.com

Please note that certain features or services referenced in this Privacy Policy may not be offered on the Service at all times. Please also review our Terms of Service, which governs your use of the Service, and which is accessible at https://www.thetoutscout.com/terms

We’ve provided short summaries in this Privacy Policy to help you understand what information we collect, how we use it, and what choices or rights you may have. While these summaries help explain some of the concepts in a simple and clear way, we encourage you to read the entire Privacy Policy to understand our data practices.

TABLE OF CONTENTS

  1. Information Collection
  2. Use of Information
  3. Data Retention
  4. Information Sharing and Disclosure
  5. Third Party Analytics Providers, AD Servers and Similar Third Parties
  6. Your Choices and Rights
  7. Security
  8. Links to Other Sites
  9. Public Profile
  10. Phishing
  11. California Residents
  12. INFORMATION COLLECTION

Users of the Service may be Podcast Staff, Brand Representatives, or Agencies (as each is defined in the User Agreement).

Information You Provide to Us

When you use the Service, you may provide us with information about you. This may include your name and contact information, financial information to make or receive payment for services obtained through The Tout Scout platform, or information to help us fill out tax forms. When you use the Service, we may also collect information related to your use of the Service and aggregate this with information about other users. This helps us improve our Services for you. Agencies may also provide us with information about Podcasts or Brands associated with the Agency.

  •       Personal Information: In the course of using the Service (whether as a Brand or Podcast), we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information include your name, email address, company address, billing address, and phone number.
  •       Payment Information: If you use the Service to make or receive payments, we will also collect certain payment information, such as credit card, PayPal, Stripe or other financial account information, and billing address.
  •       Identity Verification: We may collect Personal Information, such as your date of birth or taxpayer identification number, to validate your identity or as may be required by law, such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.
  •       General Audience Service: The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that The Tout Scout has collected Personal Information from your child, please contact us at: hello@thetoutscout.com
  •       Non-Identifying Information/Usernames: We also may collect other information, such as zip codes, demographic data, information regarding your use of the Service, and general project-related data (“Non-Identifying Information”). We may aggregate information collected from The Tout Scout registered and non-registered users (“The Tout Scout Users”). We consider usernames to be Non-Identifying Information. Usernames are made public through the Service and are viewable by other The Tout Scout Users.
  •       Combination of Personal and Non-Identifying Information: Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information, but The Tout Scout will treat the combined information as Personal Information.

You do not have a statutory obligation to provide us with any information, but you may have a contractual obligation to do so, and if we do not receive certain information from you, then we will not be able to provide our Service to you. If you have any questions regarding whether provision of information is mandatory and the consequences for withholding such information, please contact us using the contact information below.

Information Received from Third Parties

Third parties may also give us information about you. If we combine that information with information about you collected through the Service, we will still treat that combined information as set forth in this Privacy Policy.

We also may receive information about you from third parties. For example, we may supplement the information we collect with outside records or third parties may provide information in connection with a co-marketing agreement or at your request (such as if you choose to sign in with a third-party service). If we combine the information we receive from others with information we collect through the Service, we will treat the combined information as described in this Privacy Policy.

Information Collected Automatically

Like other online companies, we receive technical information when you use our Services. We use these technologies to analyse how people use our Services, to improve how our Site functions, to save your log-in information for future sessions, and to serve you with advertisements that may interest you.

We and our third party service providers, including analytics and third party content providers, may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and site functionality.

The information we collect also includes the Internet Protocol (“IP”) address or other unique device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Service.

The Tout Scout and its partners use cookies or similar technologies to analyse trends, administer the website, track users’ movement around the website, and to gather demographic information about our user base as a whole. The technology used to collect information automatically from The Tout Scout Users may include the following:

  •       Cookies: Like many websites, we and our marketing partners, affiliates, analytics, and service providers use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with the The Tout Scout Terms of Service) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how The Tout Scout Users interact with the Service and to monitor aggregate usage by The Tout Scout Users and web traffic routing on the Service). You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functionality of the Service.
  •       For further information on cookies and how they are used for the Service, please visit our Cookie Policy at https://www.The Tout Scout.com/legal/cookie-policy/.
  •       Web Beacons: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how The Tout Scout Users navigate the Service, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed.
  •       Embedded Scripts: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service.

In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

The Tout Scout does not respond to Do-Not-Track signals.

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, The Tout Scout does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

User Profiles

Podcasts may create may create a profile, with certain or all information publicly available. Agencies may also create organization profiles.

You may have the opportunity to create a profile, which consists of information about the podcast and the hosts; it may include Personal Information and photographs (“Profile”). The information in your Profile is visible to all The Tout Scout Users and the general public. You may edit certain information in your Profile. Agencies of associated individual users or companies may also have the opportunity to create an organization Profile. If, in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at hello@thetoutscout.com.

Messaging

Podcast and Brand representatives may communicate with each other through the Service.

Community Forums

We may offer public forums or blogs. If you participate, your comments and questions will be publicly displayed.

The Service may provide you the opportunity to participate and post content publicly in forums, on blogs, through interactive features The Tout Scout and through other communication functionality (“Community Forums”). You may choose, through such features or otherwise, to submit or post questions, comments, or other content (collectively, “User Forum Content”). Please note that certain information, such as your name and Profile may be publicly displayed on the Service along with your User Forum Content. Please note that your use of Community Forums is subject to the The Tout Scout Forum Rules and our Terms of Service.

Note that anything you post to a Community Forum is public others will have access to your User Forum Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information in your User Forum Content or use Community Forums to link to your Profile, that information will be considered public information and the protections of this Privacy Policy will not apply.

To request removal of your personal information from our blog or community forum, contact us at hello@thetoutscout.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Testimonials

We display personal testimonials of satisfied customers on our Service, in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at hello@thetoutscout.com.

Feedback

We collect feedback from The Tout Scout Users about their experience with other The Tout Scout Users of our Service. Please note that any feedback you provide via the Service or feedback provided about you is publicly viewable via the Service. On very rare occasions, we may remove feedback pursuant to the relevant provisions of our Terms of Service, including in the Terms of Use.

Social Networking Services

You may register for an account directly with our Site, or through a social networking service. If you register with a social networking service (or later link your account to one), we will collect certain information about you from that social networking service, and what we collect depends on your privacy settings with that social networking service. The Service may also allow you to “like” or share content with social networking services.

You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, Github and other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender and other information you make publicly available via the SNS) to create your account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Service, and The Tout Scout is not responsible for it.

The Tout Scout Service also may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like” or share content to a third party SNS. If you choose to “like” or share content, or to otherwise share information from or via our Service with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective privacy policies of those third parties.

You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating The Tout Scout to pay any fees or making The Tout Scout subject to any usage limitations imposed by such SNS. You can disable the link between your The Tout Scout account and your SNS account at any time though the “Settings” section of our Service. Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your The Tout Scout account and your SNS account will terminate as well.

  1. USE OF INFORMATION

We use information collected through the Service to provide and improve the Service, process your requests, prevent fraud, provide you with information and advertising that may interest you, comply with the law and as otherwise permitted with your consent.

WE USE INFORMATION WE COLLECT:

  •       To provide and improve the Service, complete your transactions, and address your inquiries, process your registration, verify the information you provide is valid, and for compliance and internal business purposes.
  •       To contact you with administrative communications and The Tout Scout newsletters, marketing or promotional materials (on behalf of The Tout Scout or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in the Your Choices & Rights section below.
  •       To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online.
  •       To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent.
  •       To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of The Tout Scout or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify The Tout Scout Users.
  •       For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy.

We use your Personal Information for the purposes described above:

  •       To Honor Our Contractual Commitments to You. Much of our processing of Personal Information is to meet our contractual obligations to our investors, or to take steps at User’s request in anticipation of entering into a contract with them.
  •       For Our Legitimate Interests. In many cases, we handle Personal Information on the grounds that it furthers our legitimate interests in commercial activities, such as the following, in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:
  •       Providing our Site and Service.
  •       Analysing and improving our business.
  •       Communications, including marketing and responding to your inquiries about our services.
  •       Addressing information security needs and protecting our Users, The Tout Scout, and others.
  •       Managing legal issues.
  •       To Comply with Legal Obligations. We need to use and disclose Personal Information in certain ways to comply with our legal obligations.
  1. DATA RETENTION

Unless you request that we delete certain information (see Your Choices & Rights section below), we retain the information we collect for at least 5 years. Your information may persist in copies made for backup and business continuity purposes for additional time. If you choose to provide us with Personal Information, we encourage you to routinely update the data to ensure that we have accurate and up-to-date information about you.

  1. INFORMATION SHARING AND DISCLOSURE

We may share information about you to provide the Services, for legal and investigative purposes, in connection with sweepstakes and promotions, or if we are part of a merger or acquisition. We may also share non-identifying information with third parties. You have choices as to whether we share your personal information with third parties for their own marketing purposes.

We may share aggregated Non-Identifying Information and we may otherwise disclose Non-Identifying Information (including, without limitation, Hashed Information) to third parties. We do not share your Personal Information with third parties for those third parties’ marketing purposes unless we first provide you with the opportunity to opt-in to or opt-out of such sharing. We may also share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent, as otherwise described in this Privacy Policy, or in the following circumstances:

  •       Service Providers: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g., without limitation, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection and improvement of The Tout Scout’s features) or to assist us in analysing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
  •       What Happens If You Agree to Receive Information from Third Parties or Request that We Share Your Information: You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your Personal Information shared, your Personal Information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of an SNS or similar interactive feature or third party application, that we share information about you with a third party and we will typically do so under those circumstances.
  •       Legal and Investigative Purposes: The Tout Scout will share information with government agencies as required by law in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and, including without limitation, in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), or, at the request of governmental authorities or other third parties conducting an investigation where we determine in our sole discretion the disclosure is necessary to (a) protect the property and rights of The Tout Scout or a third party, (b) protect the safety of the public or any person, or (c) prevent or stop activity we may consider to be, or pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify The Tout Scout Users, and may do so in cooperation with third parties at our discretion.
  •       Internal and Business Transfers: The Tout Scout may share information, including Personal Information, with its parent company Inspiration Scout LLC, and any current or future subsidiaries or affiliates, primarily for business and operational purposes. We may sell, transfer, or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy.
  •       Sweepstakes, Contests, and Promotions: We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfilment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
  1. THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS AND SIMILAR THIRD PARTIES

We may work with advertising agencies and vendors who use technology to help us understand how people use our Site. These vendors may use technologies to serve you advertisements that may interest you.

The Tout Scout works with (or may in the future work with) network advertisers, ad agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Service, including pages viewed and the actions taken when visiting the Service; to serve our advertisements on other web sites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Service and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Service as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies and web beacons) and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Service or other online websites and services. We may also share certain Non-Identifying Information with these parties, including Hashed Information, in connection with the services they provide to us. If you wish to opt out of interest-based advertising, please contact us at hello@thetoutscout.com.

 

  1. YOUR CHOICES AND RIGHTS

You have certain choices regarding how we may communicate with you.

Registered The Tout Scout Users may opt-out of receiving marketing emails from us by following the opt-out instructions provided in The Tout Scout emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Service (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications.

All Users may request access to or correction of any Personal Information we have about them or delete their account and/or request deletion of all Personal Information we have about them. In certain jurisdictions, Users may have certain rights with regard to their Personal Information. We will honour User requests to the extent we can reasonably do so and as required by law, but some information will remain on the Services, such as information you posted publicly.

Upon request The Tout Scout will provide you with information about whether we hold any of your personal information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You may access, correct, or request deletion of your personal information by making updates to that information or by contacting The Tout Scout at hello@thetoutscout.com. If you request to access all personal information you’ve submitted, we will respond to your request to access within 30 days. If you completely delete all such information, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Service. If you would like us to delete your account in our system, you can do so by contacting us at hello@thetoutscout.com.

Depending on where you are located, you may have certain rights with regard to your Personal Information (including, in certain cases, under the Privacy Shield, described below). If you are located in the European Economic Area (“EEA”), in addition to the rights described above, you may contact us at hello@thetoutscout.com to (1) request a restriction on the processing of your Personal Information, (2) object to the processing of your Personal Information, or (3) exercise other rights with respect to your Personal Information.

We will use commercially reasonable efforts to honour your requests for deletion; however, certain information will actively persist on the Service even if you close your account, including messages you posted to the Service. In addition, your Personal Information may remain in our archives and information you update or delete, or information within a closed account, may persist internally for our administrative purposes, to the extent permitted by law. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor The Tout Scout can delete all copies of information that has been previously shared with others on the Service.

  1. SECURITY

We take a number of steps to protect your data, but no security is guaranteed.

The Tout Scout takes commercially reasonable steps to help protect and secure the information it collects and stores about The Tout Scout Users. All access to the Site is encrypted using industry-standard transport layer security technology (“TLS”). We also use HTTP[LO1]  strict transport security to add an additional layer of protection for our The Tout Scout Users. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your Personal Information, The Tout Scout cannot ensure and does not warrant the security of any information you transmit to us.

  1. LINKS TO OTHER SITES

Our Service contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. Some of the links may be advertisements or affiliates. The Tout Scout cannot endorse the privacy or information security policies or practices of third party sites. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. We encourage you to read the privacy policies or statements of the other websites you visit.

  1. PUBLIC PROFILE

The profile you create on our Site will be publicly accessible unless otherwise indicated.

  1. PHISHING

Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of concern to The Tout Scout. For more information about phishing, visit the website of the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be The Tout Scout, please tell us at hello@thetoutscout.com.

  1. CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

We allow you to choose whether we share your personal information with third parties for their own marketing purposes.

Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Alternatively, the law provides that a company may comply, as The Tout Scout does, by disclosing in its privacy policy that it provides consumers choice (opt-in or opt-out) regarding sharing Personal Information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, The Tout Scout provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time The Tout Scout offers that choice, The Tout Scout does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please contact us using the contact at hello@thetoutscout.com

You must put the statement “Your California Privacy Rights” in the subject field of your email. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your email address. We are not responsible for notices that are not labelled or sent properly, or do not have complete information.

  1. CHANGES TO THIS POLICY

We may change this Privacy Policy. If we make material changes, we will provide notice.

The Tout Scout may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will display a notice through the Services prior to the change becoming effective. We may also notify you by email, in our discretion. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.

  1. CONTACTING US

If you have any questions about this Privacy Policy, please contact us at hello@thetoutscout.com.

GDPR

The General Data Protection Regulation (GDPR) is a change that gives EU residents more clarity and control over how their personal data is used. Personal data is anything that can directly or indirectly identify a person, such as a photo, name, bank details, medical information, computer IP address, and so on. This European-wide law replaces the 1995 Data Protection Directive 95/46/EC.

WHAT DOES THIS MEAN FOR YOU AND THE TOUT SCOUT?

The Tout Scout’s Legal and Information Security and Privacy teams have done the necessary due diligence to be in compliance with these GDPR requirements.

We value our users’ privacy and their rights to control their personal data. Regardless of where you call home, you may request the deletion of your account and all personal information we have about you at any time. However, we will only be following the requirements outlined by the GDPR for those living in the EEA. If you live elsewhere, we will be happy to delete your data to the extent we can reasonably do so.

HOW DO I SUBMIT A GDPR DSAR REQUEST?

  1. Email us at hello@thetoutscout.com with the subject line: “GDPR DSAR Request”
  2. After we receive your email, one of our Support Team members will reach out to you with a form and instructions on how to verify your identity, both must be completed in order to process your request