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Viral Nation Privacy Policy

Last updated: August 30, 2023

Please review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your personal information.

Please note that third parties, including creators, project initiators, and social media platforms may have additional privacy policies or statements, which govern their practices in collecting, storing, using and disclosing your personal information. Please read those additional privacy policies or statements carefully. You should familiarize yourself with those privacy policies or statements imposed by any creator with whom you elect to deal through our Services (as defined below). This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services.

At Viral Nation (“Viral Nation”, “we”, “our” and “us”) we are committed to protecting your privacy, and support a general policy of openness about how we collect, use and disclose your personal information.

The purpose of this Privacy Policy is to inform you about Viral Nation’s practices relating to the collection, use and disclosure of personal information that may be provided through access to or use of our websites, including the website located at https://www.viralnation.com (collectively referred to as the “Website”) as well as our services and related products, including but not limited to Viral Nation_Secure™, Viral Nation_Empower™, Viral_Nation Creator+, Influsoft, and MediaKits.com (collectively referred to as the “Services”), or that may otherwise be collected by us. By using our Services or Website, you consent to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

This Privacy Policy also explains how you can contact us if you have a question about, want to make a change to or delete any personal information that Viral Nation may collect, use, or store about you. We strongly recommend that you take the time to read this Privacy Policy and retain it for future reference. Our Contact Information can be found at the bottom of this Privacy Policy.

Personal Information 

For the purpose of this Privacy Policy, “personal information” means information about an identifiable individual.

What Personal Information We Collect 

For the purposes described in this Privacy Policy, we may collect and maintain different types of personal information in respect of the individuals with whom we interact. The personal information we may collect in the course of you accessing or using the Website or the Services

(including through your initial registration for an account and the subsequent administration of that account) may include, but is not limited to, the following:

  • Contact information (such as first and last name, address, zip code, email address, telephone number);
  • Social media profile information (such as username, social media handles, and other profile data);
  • Demographic information (such as gender and age) and information about individual preferences; and
  • Personal information, including the information you may transmit to us or authorize us to obtain in connection with the Services (“Customer Data”).

IF YOU BELIEVE THAT YOUR PERSONAL INFORMATION WAS COLLECTED, USED BY OR DISCLOSED TO US WITHOUT YOUR CONSENT, PLEASE CONTACT OUR PRIVACY OFFICER.

In addition to the above, any information we collect or that you provide directly to us may be de-identified or anonymized.

From time to time, where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.

How We Use Your Personal Information 

We collect personal information to enable us to manage, maintain, and develop our business and operations, including to:

  • Provide you with personalized Services and a personalized experience on our Website and interactive communication;
  • Provide you with timely and reliable Services;
  • Do all the things necessary to administer those Services and the Website;
  • Research, develop, manage, protect and improve those Services and the Website;
  • Advise you about new products and services that may be of interest to you;
  • Develop and maintain our relationship with you and communicate with you;
  • to protect us against error, fraud, theft and damage to our goods and property;
  • to enable us to comply with applicable law or regulatory requirements; and
  • any other reasonable purpose to which you consent.

We may access, store and use Customer Data only for the purpose of providing the Services to you, including in connection with customer support matters.

Viral Nation as a Data Controller and Processor

With respect to Personal Information, Viral Nation is a “Data Processor” and “Data Controller” under the EU General Data Protection Regulation (“GDPR”). This Privacy Policy describes how Viral Nation processes Personal Information as a Data Controller and Processor for the purpose of providing the Services to our customers and users.

As Data Controllers, Viral Nation is Responsible for implementing appropriate organizational and technical measures and security measures that demonstrate that the data processing activities have been performed in accordance with GDPR regulations.

Privacy Policy and Information Collection 

Viral Nation may request information from you during and/or after the registration process that Viral Nation uses to provide better and more customized services to you. You acknowledge that this information is personal to you and your team on Viral Nation, and by creating an account on Viral Nation, you may allow others, including Viral Nation, to identify you and to allow Viral Nation to use your information in accordance with the Terms.

We may share non-personally identifiable information publicly and with our affiliates or third parties – including publishers, advertisers or connected sites. As an example, we may share information publicly to show trends about the general use of our services.

Finally, we do not share any personally identifiable information with third parties for their own marketing purposes.

Personal Information Disclosure 

We may share your personal information with our affiliates, employees, contractors, consultants and other parties who require such information to assist us with managing our relationship with you..

Further, your personal information may be disclosed:

  • as permitted or required by applicable law or regulatory requirements;
  • to comply with valid legal processes such as search warrants, subpoenas or court orders;
  • to protect the rights and property of Viral Nation;
  • during emergency situations or where necessary to protect the safety of a person or group of persons; or
  • with your consent.

We may share your personal information with service providers to provide technical support or to provide specific services, such as hosting of your applications, maintenance services, database management, or payment processing. We will use contractual or other means to

provide a comparable level of protection while the information is being processed by a service provider.

Regardless of any choices you make regarding your Personal Information (as described below), Viral Nation may disclose Personal Information if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Viral Nation; (b) protect or defend the rights or property of Viral Nation or users of the Viral Nation’s service; or (c) protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

Viral Nation may disclose and/or transfer personal information in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Viral Nation or of any of the business or assets or shares of Viral Nation or a division thereof in order for you to continue to receive the same products and services.

Knowledge and Consent 

For the purposes described in this Privacy Policy, Viral Nation collects personal information about you, from you, or from other authorized sources, only when you voluntarily provide it or we are authorized to collect it. Typically, we will seek consent for the use or disclosure of your personal information at the time of collection. In certain circumstances, consent may be sought after the information has been collected but before use (for example, when we want to use information for a purpose not previously identified).

The form of consent that we seek, including whether it is expressed or implied, will largely depend on the sensitivity of the personal information and the reasonable expectations of the individual in the circumstances.

As we have described above, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. If you wish to withdraw your consent at any time, please contact us using the contact information provided in the “Contacting Us” section of this Privacy Policy. We will inform you of the implications of withdrawing consent.

We will not, as a condition of the supply of a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes for which the information is being provided.

Use or Disclosure for Marketing Purposes

If you have not opted out of receiving marketing materials, we may also use (but will not disclose) your personal information to promote and market additional goods, services and special offers from us, our affiliates and/or our business associates, including by means of direct marketing..

You can choose not to allow us to use or disclose your personal information for direct marketing purposes by using the included unsubscribe mechanisms, indicating your preference on the user settings page or by contacting us as outlined below (see “Contacting Us”).

Cookie Policy 

When you visit our website, we place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookies. Some browsers can be set to reject all cookies. If you choose to modify your browser in this manner, some pages of this website may not function properly.

We also use cookies to collect traffic data and other information about your use of our Website. We and our service providers use this information in aggregated and anonymous form to analyze usage of our Website and to improve the operation of our Website, Services and business generally.

How We Protect Your Personal Information 

Viral Nation endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, copying, use, modification or disclosure.

The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.

Links to Third Party Sites 

This website may offer links to other third party websites. You should be aware that operators of linked websites may also collect your personal information (including information generated through the use of cookies) when you link to their websites. Viral Nation is not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarize yourself with their privacy policies before providing them with your personal information.

Retention and Storage of Your Personal Information

Viral Nation retains your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and your consent to such purposes(s) remains valid after termination of our relationship with you.

For the purposes set out in this Privacy Policy, we or one of our affiliates or an unaffiliated service provider may process and store your personal information in and from Barbados, the United States of America, and/or Canada, and under the laws of those other jurisdictions, in certain circumstances courts, law enforcement agencies, regulatory agencies or security authorities in those other states or foreign jurisdictions may be entitled to access your personal information.

Changes to this Privacy Policy 

Any information that we collect is subject to the privacy policy in effect at the time that personal information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Services or by sending you an email or other notification, and we’ll indicate when those changes will become effective.

Accessing, Correcting or Updating Your Information 

You can help us maintain the accuracy of your personal information by notifying us of any changes to this information. You may also contact Viral Nation to request access to, delete, correct or update your personal information using the contact information provided in the “Contacting Us” section of this Privacy Policy. When making such a request with respect to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to make such a request, as well as to search for and provide you with (or otherwise delete, where applicable) the personal information that we hold about you.

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a “subject access request”). This enables you to receive a copy of your personal information and to check that we are lawfully processing it.
  • Request correction of your personal information. This enables you to ask us to correct any incomplete or inaccurate personal information we hold about you.
  • Request erasure of your personal information. This enables you to ask us to delete or remove your personal information under certain circumstances, for example, if you consider that there is no good reason for us continuing to process it. You also have the

right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

  • Object to processing of your personal information where we are relying on our legitimate interests (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

Your right to access or delete the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.

In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

Social Platforms Authentication and Data 

Viral Nation uses authorized data from YouTube, Google News, Instagram, Twitter, TikTok and other platforms. Such data is collected and stored to power Viral Nation features. You can request your authorized data be deleted from Viral Nation by contacting support@viralnation.com.

Social Platforms Terms of Service

Google 

Youtube 

Youtube API Client

Facebook 

Instagram 

Twitter 

Social Platforms Privacy Policies:

Google & Youtube

Facebook 

Instagram 

Twitter

You can revoke Viral Nation’s access to your data from YouTube, Google, Facebook, Instagram, and Twitter at any time via each respective platform’s app and security settings via the links below. Note that revoking such authorizations may limit or eliminate certain functionality in Viral Nation’s Services.

Children’s Online Privacy Protection Act 

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personally-identifying information from anyone under the age of 13, unless or except as permitted by law. Any person who provides personally-identifying information through the Website represents to us that he, she, or they are 13 years of age or older. If we learn that personally-identifying information has been collected from a user under 13 years of age on or through the Website or Platform, then we will take the appropriate steps to cause this information to be deleted.

If you are the parent or legal guardian of a child under 13 who has become a member of the Platform or Website or has otherwise transferred personally-identifying information to the Platform or Website, please contact Company using our contact information below to have that child’s account terminated and information deleted.

Contacting us 

In the event that you have any questions about Viral Nation’s Privacy Policy, you may contact us at:

General Inquiries: info@viralnation.com

Controller / Data Protection Officer / Privacy Officer: Vikash Rai, vrai@viralnation.com Our EU Representative

Under Article 27 of the GDPR, we have appointed an EU Representative to act as our data protection agent. Our nominated EU Representative is:

Instant EU GDPR Representative Ltd.

Adam Brogden

contact@gdprlocal.com

Tel: +35315549700

Office 2, 12 A, Lower Main Street

Lucan Co. Dublin

K78 X5P8

Ireland

Our UK Representative

Under Article 27 of the UK Data Privacy Act, we have appointed a UK Representative to act as our data protection agent. Our nominated UK Representative is:

GDPR Local Ltd.

Adam Brogden

contact@gdprlocal.com

Tel: +44 1772 217800

1st Floor Front Suite

27029 North Street, Brighton

England

BN1 1EB

If you remain dissatisfied, you can make a complaint about the way we process your personal information to the supervisory authority.

Interpretation of this Privacy Policy 

Any interpretation associated with this Privacy Policy will be made by our Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word ‘including’ is used, it shall mean ‘including without limitation’.

This Privacy Policy does not create or confer upon any individual any rights, or impose upon Viral Nation any obligations outside of, or in addition to, any rights or obligations imposed by applicable federal, state and/or provincial privacy laws. Should there be, in a specific case, any inconsistency between this Privacy Policy and applicable federal, state and/or provincial privacy laws, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.