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Thank you for agreeing to participate in the Seeding, Inc Affiliate Program (the “Program”). We are looking forward to working together with you. This document and the documents incorporated hereto by reference (the “Agreement”) sets out the terms and conditions of the agreement between Seeding, Inc (“Tiny Health”) and you for your participation in the Program.
You shall have the opportunity to promote Tiny Health and its products in accordance with the terms of this Agreement.
1. Term; Exclusivity. This Agreement is effective from the approval date of joining the Affiliate Program until your affiliate account is disabled and you were terminated from the Program.
2. Promoting. During the term, you agreed to actively participate in this Program by generating sales and earning commissions on sales at a minimum of every one hundred and twenty (120) days by way of social media posts, ads, emails, landers, etc. promoting Tiny Health and its products, brands, and services (“Promoting”). The promoting will conform to the specifications and instructions outlined herein. We will provide you with some briefing materials, so you can create promotions that achieve the goals of the Program (the “Program Materials”). All promoting will meet the following requirements:
a. Your promotions must comply with the Federal Trade Commission’s (the “FTC”) Guides Concerning Endorsements and Testimonials (“Endorsement Guides”), for which we provide you a link in Exhibit A. You agree to participate in any training we require. You are required to place an Affiliate Disclosure on your marketing channel where it is clearly visible to all end-users. These statements must disclose that you are receiving commission/compensation for promoting Tiny Health, its products and services. This statement must also include that all the content and promotions related to Tiny Health products are of the opinion of the affiliate, and not of Tiny Health.
b. You are encouraged to promote and market Tiny Health products using promotional material supplied or approved by Tiny Health. Promotional materials (emails, landers, ads, and social media posts) must be consistent with Tiny Health branding and shall not be false or misleading.
c. You shall direct potential purchasers of Tiny Health products to the dedicated links provided by Tiny Health.
d. You agree to conduct yourself in compliance with all the applicable laws, rules, and regulations, including, without limitation applicable privacy laws such as California Consumer Privacy Act and the CAN-SPAM Act.
e. You may not make disease and/or drug claims, and must at all times ensure that your promotions are acceptable structure-function claims and lawful under the Federal Food Drug and Cosmetic Act and all relevant rules and regulations of the US Food and Drug Administration (“FDA”).
f. You may not use trademark and company words such as Tiny Health or Tiny Baby Gut Types with Pay per Click (PPC) advertising.
g. Your promotion should only make factual statements about Tiny Health and our products, which you know for certain are true and can be proven or verified. In the Program Materials (given upon program approval) which include an Affiliate Guide and access to a Google drive, we will provide you with sample creatives and swipes that you may use in your promotions.
h. Although we want your promotions to be authentic and based on your own opinions, beliefs, and experiences, your promotion should rely on the Program Materials to accurately use our trademarks, describe Tiny Health and our products.
i. Your promotions will comply with the rules of the applicable social media/Internet platforms.
j. Your promotions will comply with our standards of conduct set out in Exhibit A and any other policies we provide you.
k. Your promotions will comply with all applicable laws, rules, and regulations.
3. Monitoring Promotions. You understand that we may be monitoring your promotions for compliance with this Agreement. We have the right to address non-compliant promotions by any taking any of the following actions alone or in combination:
a. Requiring that you fix the promotion.
b. Withholding payment commissions.
c. Terminating the Agreement under paragraph 9.
In addition the following penalties shall apply: (i) for a First Offense, you will receive a warning letter from Tiny Health; (ii) a Second Offense will result in account suspension for sixty (60) days; (iv) a Third Offense is permanent termination from the program.
4. Ownership; Grant of Rights.
a. Tiny Health is and will be the sole exclusive owner of all right, title, and interest in and to any and all contact provided in its Program Materials, including all copyrights and other intellectual property rights therein.
b. We hereby grant you a limited license to use the Program Materials including but not limited to, the TINY HEALTH trademark, solely for the Program.
5. Use of Your Name, Likeness, and Information. You hereby grant to Tiny Health and our affiliates, and each of our respective direct and indirect successors, and assigns, the right to use your name, image, likeness, and biographical, professional, and other identifying information including information, (including information you provide to us and any other information about you that is publicly available) (collectively, “Likeness”) in connection with the Program, and any derivative works we make from the Program, including to advertise and promote the same or any product that features or includes the Program or a derivative work of the Program, in whole or in part. You waive the right to inspect or approve any use of your Likeness as contemplated in this in Agreement.
6. Payment. You will be entitled to receive commissions and set forth in the Affiliate Guide located in the Affiliate Google Drive, which you will have access to once approved to the Program.
7. Confidentiality. You understand that you may be exposed to information about Tiny Health’s products, advertising campaign, and/or marketing/brand strategies and other proprietary information and ideas that may not have been disclosed to the public (collectively, the “Confidential Information”). You agree to maintain all the confidentiality of all Confidential Information disclosed to you (or which otherwise becomes available to you) in connection with the Program, and will hold all Confidential Information and strict confidence. You further agree to refrain from disclosing or using Confidential Information for any purpose other than participating in the Program. The obligation to maintain the confidentiality of Confidential Information shall survive termination and continue for five (5) years thereafter, unless it is a trade secret, which shall survive termination as long as the information is a trade secret.
8. Indemnification. You agree to indemnify, defend, and hold harmless Tiny Health and our affiliates, and our respective officers, directors, employees, agents, successors, and assigns, from and against any claims, judgment, damages, liabilities, settlements, losses, costs, and expenses, including attorneys’ fees and disbursements, arising from or relating to any breach by you of your representations, or warranties, or other obligations hereunder, which shall include but are not limited to, data breach and privacy claims, accessibility claims and copyright infringement claims.
a. Upon thirty (30) days of written notice, either party may terminate this Agreement.
b. Tiny Health may terminate this agreement immediately, for cause, if you fail to comply with any of the requirements of this agreement, including but not limited to, compliance with all laws, rules, and regulations of the FDA and FTC, applicable privacy laws, such as the California Consumer Privacy Act, and the CAN-SPAM Act.
c. To best serve you and our program, you are required to actively participate in the program by generating sales and earning commissioned sales at a minimum of one hundred and twenty (120) days. Failure to reach this benchmark for any period of 120 days shall result in being automatically disabled and removed from the program.
d. Tiny Health also may terminate this Agreement immediately on written notice to to you if:
i. commit or or alleged to have committed any criminal act or other act involving moral turpitude, drugs, or felonius activities; commit any act or become involved in any situation or occurrence which brings you into public disrepute, contempt, scandal, or ridicule, or which shocks or offends the community or any group or class thereof, or which reflects unfavorably upon Tiny Health or reduces the commercial value of our association with you, which Tiny Health may unilaterally determine; or
ii. information becomes public about your having, in the past, so conducted yourself as in (i) or (ii);
iii. misuse of the names or images of speakers or faculty who appear in Tiny Health products in a manner not consistent with the goals, branding and intent of Tiny Health and its products;
iv. any deviation from the highest standards of professional and commercial conduct; or,
v. breach of the terms of the Agreement.
10. Relationship of the Parties.
a. You understand that you are independent of Tiny Health, and this Agreement does not create any association, partnership, joint venture, employee, or agency relationship between you and us for any purpose. You have no authority (and will not hold yourself out as having authority) to bind Tiny Health and will not make any agreements or representations on our behalf without our prior consent.
b. We are not responsible for withholding or paying any income, payroll, Social Security, or other taxes, making any insurance contributions, including unemployment or disability, or obtaining Workers Compensation Insurance on your behalf. You are solely responsible for all such taxes and contributions, including penalties and interest. You are not eligible under this Agreement to participate in any of our employee benefits, such a time off, medical, profit sharing, or requirement or retirement benefits.
a. This Agreement is personal to you. You will not assign or otherwise transfer any of your rights, or delegate, subcontract, or otherwise transfer any of your obligations or performance, under this Agreement. Any attempt to assign, delegate, or transfer in violation of this paragraph is void. Tiny Health may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement. This agreement is binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
b. This agreement is governed by and construed in accordance with laws of the State of Texas without giving effect to any conflict of laws provisions that would result in the application of laws of a different jurisdiction. All disputes and claims relating to this Agreement, the rights and obligations of the parties hereto, or any claims or causes of action relating to the performance of either party will be settled by arbitration by the American Arbitration Association in Dallas, Texas in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The cost of the arbitration proceedings will be borne by the losing party if such party is found to have been in material breach of its obligations hereunder. This agreement to arbitrate will survive any termination or expiration of this Agreement.
c. If any provision of this agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this agreement will continue in full force and effect. This agreement contains the entire agreement between you and Tiny Health and supersedes any oral or written statements made by you or to you in connection with the Campaign and the Posts. This agreement may not be modified except by a written agreement that is signed by an authorized representative of Tiny Health.
Standards of Conduct
With respect to promotional messages, photos, or other communications made on social media platforms about Tiny Health and our product/services/brands, all influencers must adhere to the following standards:
1. You must comply with the federal trade commission‘s (the “FTC”) Guides Concerning Endorsements and Testimonials (https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf) including making:
a. statements that reflect your honest beliefs, opinions, and experiences; and
b. clear and conspicuous disclosure about your connection to us and all of your promotions.
2. To better understand your responsibilities under the Endorsement Guides, you must review:
a. FTC’s Endorsement Guides: What People Are Asking (https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking;
b. FTC: Disclosures 101 for Social Media Influencers (https://www.ftc.gov/tips-advice/business-center/guidance/disclosures-101-social-media-influencers); and
c. FTC: Advertisement Endorsements (https://www.ftc.gov/news-events/media-resources/truth-advertising/advertisement-endorsements).
3. You may not:
a. make deceptive or misleading claims about our products/services or our competitors’ products or services;
b. make any claims about our products/services or our competitors’ products and services that are not backed up by evidence;
c. disclose any of our confidential information;
d. disparage Tiny Health or our brand/products/services;
e. engage in any communication that is defamatory or infringes upon the copyright, trademark, privacy, publicity, or other intellectual property rights of others;
f. make offensive comments that have the purpose or effect of creating an intimidating or hostile environment;
g. post content that promotes bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
h. use ethnic slurs, personal insults, obscenity, or other offensive language; and
i. make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving Tiny Health’s consumers or other individuals.
4. You must adhere to:
b. any additional guidelines provided by Tiny Health, such as product/service/brand-specific program requirements and or Promotion Policy.
5. You must not create fake followers or engagement on social media platforms, such as:
a. buying followers;
b. using bots to grow audience size by automating account creation, following, commenting, and liking; or
c. post fake sponsored contact.
6. You shall direct potential purchasers of Tiny Health products to dedicated links provided by Tiny Health.
7. You shall use promotional materials supplied or approved by Tiny Health. Promotional material (emails, landers, ads, social media posts) must be consistent with Tiny Health’s branding.
8. Unless otherwise explicitly stated, live physical events, membership programs, and external promotions are excluded from affiliate commissions.
9. Net revenues mean the revenues left after subtracting expenses and refunds. These are determined by Tiny Health, at Tiny Health’s sole discretion, and are deducted from affiliate payout amounts. Commissions will be tracked via dedicated unique links or other conversion triggers provided by Tiny Health. Each affiliate is required to obtain the conversion trigger provided in advance of the promotion, in order to enable them on the appropriate marketing channel. Commissions cannot be paid if the affiliate fails to use the conversion trigger. Commissions will be paid for revenue received net of refunds.
10. Affiliate commission payments are made during the month after the month in which the commissions were earned. Payment dates are not specific and may vary. Commission structure is subject to change at any time, without notice. All payment processing shall be performed by Tiny Health.
Note: This agreement was acknowledged and agreed to when you filled out the application to become an Affiliate with Tiny Health.
Tiny understands the importance of your private information and appreciates your decision to share that information to us. We strive to be open and clear with how we manage the data and information you generate and/or provide in connection with our Services; that includes, without limitation, your Personal Information, Payment Information, and SI (collectively, your "Private Information").
1. Tiny Collects Data and Information about You and How You Use Our Services.
In order to provide our valuable, groundbreaking Services, Tiny needs to know about you and how you use our Services. Tiny accordingly reserves the right to require you to provide Private Information, a Sample and/or other information or data in order to use our Services.
More specifically, without limitation, if you wish to receive such Services as a specimen collection, Analysis Results, a follow-up consultation, and/or customized information –you may be required to provide Personal Information (e.g. first and last name, email address, date of birth, mailing address and zip code, ethnicity, and race), SI (e.g. medical history, present symptoms, self-reported information regarding you and/or your child) and/or Payment Information. You further acknowledge and agree that – in order to receive such Services as the aforementioned – you may be required to provide a Sample, genetic data, and/or SI specifically concerning your Sample.
You should expect Tiny to collect anything you provide in connection with our Services. Tiny and our Affiliates reserve the right to collect any and all Samples, text, data, photos, video, audio, images, and multimedia you create, upload, export, share, generate and/or otherwise provide in connection with our Services. This includes, without limitation the collection of Private Information. This also includes, without limitation, a reservation of rights to record, save, and memorialize all communications (including, without limitation, any calls, text/SMS messages, and emails from you) for the purposes of providing our Services, offering and improving customer service, assuring quality control, establishing evidence in a dispute, and/or enforcing our Terms.
Tiny often makes use of third-party partners and providers to facilitate our operations and Services. Tiny and our Affiliates reserve the right to utilize one or more third party providers and partners to: (a) facilitate our specimen collection services; (b) transport and/or collect the Sample(s) you provide; (c) process and/or derive data and information from your Sample(s); (d) provide your Analysis Results; (e) gather SI and other information from you (including without limitation self-reported information); (f) engage in a consultation and/or the provision of customized information in connection with your Analysis Results; (g) provide you with customer service; (h) facilitate account creation, management, maintenance, and login; (i) enable a transaction in connection with our Services; (j) bolster the safety and security of systems, servers, accounts, technologies, data, and information arising out and/or relating to our Services; and (k) otherwise facilitate our operations, our Services, and the reasonable access and use of our Services. You hereby authorize all such third party providers to collect and store your Private Information and other data and information (and your Sample, where applicable) –to the extent permitted by Tiny, and as reasonably necessary in furtherance of Services – and to communicate and transfer all such data and information to Tiny, our Affiliates, and our designated third-party providers – all of whom may collect, store, retain, and use such data and information subject to the same rights and obligations that apply to data and information received and/or collected directly by Tiny. To the extent we use such third party partners and providers to receive, collect, store, process, analyze, communicate, transmit, and/or make use of your Private Information and/or Sample, Tiny requires these partners and providers to take equivalent measures to protect the security and confidentiality of your Private Information and/or Sample.
You agree that Tiny and our Affiliates may, in our sole discretion, require you to furnish Private Information directly to a third-party service provider in order to: (a) create an account; (b) access Services; (c) use, purchase, and/or receive Services and/or products; and/or (d) communicate with Tiny and/or our third-party providers and partners.
Tiny currently utilizes third-party vendors to process Payment Methods in connection with our Services; excepting details of your transaction (e.g., time of transaction, amount) and the name on the card, our third-party payment vendors typically do not collect or store Payment Information.
In order to enhance the protection of your Private Information, Tiny collects Private Information over a secure processing server (SSL-protected, with a valid SSL-certificate). If you transact with us via direct payment gateway, your Payment Information will be encrypted through Payment Card Industry Data Security Standard (PCI-DSS).
Tiny likes to keep track of how people connect with and use our digital offerings; it helps us learn, grow, and provide the best possible experience. Tiny and our Affiliates reserve the right to automatically collect data and information about you, your device/computer, and your use of our digital Services. This includes, without limitation, information regarding: your browser type and language; your location, computer and/or device type; your operating system; your computer and/or device usage history; your browser history; the ID and IP address of your computer, device, and/or proxy server; your internet services provider and/or mobile carrier; your pathway and interactions navigating through our Site and other Services – including but not limited to what you view, when and for how long you view it, what you click and when you click it, which features you utilize and to what extent, which products or services interest or disinterest you, which products or services you decide to add to a cart, abandon, or purchase, and what you do before and after you use our Services. To the extent that you have agreed to receive communications, (e.g. text/SMS messages, emails) from Tiny and/or our Affiliates, Tiny and our Affiliates reserve the right collect data and information regarding such communications, including without limitation data and information regarding your receipt and viewing of such communications, as well as your interaction with and circulation of such communications.
Remembering all of your passwords can be a hassle – we get it! If you use credentials from a third-party service (e.g. Facebook, Google) to login or provide other information in connection with our Services, Tiny and our Affiliates reserve the right to collect data and information from that third party, to the extent you have given the third party permission to share data and information; this includes, without limitation, your contact information, online profile and user history information, information regarding your settings and preference, and information regarding your online contacts.
2. Tiny Maintains Flexibility in Storing and Retaining Your Data and Information.
It’s important for Tiny to store and retain the data and information we obtain. Tiny and our Affiliates reserve the right to store and retain any data and information that we collect from you – in any commercially reasonable manner and/or format we choose, in any location we select, worldwide, and for any duration of time.
Notwithstanding the foregoing, Tiny makes commercially reasonable efforts to process only microbial DNA contained in a given Sample, and not the genetic material of the human being furnishing the Sample. While nothing is 100% guaranteed or promised, it is our policy that neither Tiny nor any of our third-party providers derive data or information from such human DNA, unless you expressly agree otherwise.
Furthermore, Tiny doesn’t want to hold onto data and information that we no longer need or wish to possess. Tiny and our Affiliates reserve the right to delete, modify, remove, and/or destroy any data and/or information we collect – at any time, for any reason or none, without notice or cause; we maintain no obligation to preserve your data or information.
As part of a holistic effort to protect your data and information, Tiny implements various safeguards – technological, physical, and procedural. Likewise, all Private Information stored on our servers is encrypted, whether in transit or at rest, and transmitted over SSL.
3. If You Provide Your Personal Information in Connection with our Services, We Will Not Sell That Information to Third Parties for Advertising or Marketing Purposes.
We are not in the business of selling your Personal Information. If Tiny and/or our Affiliates collects your Personal Information in connection with our Services, neither Tiny nor our Affiliates will sell or transfer that information to any third party. Notwithstanding, you accept that, in the event of a merger, acquisition, asset sale (partial or total), liquidation, bankruptcy, or other change in control, your Personal Information may be considered an asset and/or otherwise subject to sale and/or transfer to a third party
We may wish to present you with advertisements and marketing. You agree that Tiny and our Affiliates may send you marketing and advertising messages on behalf of a third party (including subject to a paid arrangement). Under such a circumstance, neither Tiny nor our Affiliates will disclose your Personal Information to said third party.
4. Tiny Intends to Make Substantial Use of Your Data & Information.
a. Disclosure of Your Data & Information
i. Tiny needs the flexibility to disclose your data and information in order to provide our Services and facilitate Company operations. Tiny may, in our sole election, disclose any of the data and information you provide us, including but not limited to your Private Information, to the extent reasonably necessary to: (a) facilitate the Services and aspects thereof; (b) enable a transaction or facilitate a collection of amounts owed; (c) protect the rights, security, property, and/or safety of Tiny, our Affiliates, our community, and/or any other third party; enforce our Terms; and (d) assist with the investigation, pursuit or defense of a civil or criminal action and/or other legal dispute. This paragraph embraces, without limitation, Tiny providing third parties with: (a) your Personal Information, Sample, and SI to third party specimen collection providers, laboratories, and specimen analysis providers in order to facilitate the analysis of your Sample(s); (b) your Personal Information and SI to third party microbiome consultants and/or data analysis service providers to facilitate consultations and personalized information regarding your Analysis Results; (c) your Personal Information and SI to third-party communications services providers, to facilitate (i) the scheduling and reminding of dates, events, deadlines and/or appointments, (ii) notification and provision of Analysis Results, and (iii) the delivery of important messages and announcements relating to our Services; (d) your Personal Information and SI to customer service providers; (e) your Payment Information and Personal Information to payment providers; and (f) your Personal Information to shipping and logistics providers. To the extent we disclose your Private Information and/or Sample to any third-party partners and/or providers, Tiny requires these third parties to protect the security and confidentiality of your Private Information and/or Sample.
ii. You may access our Services via networks, ISPs, and devices. All of these third parties have developed and are responsible for their own policies and practices around online privacy.
iii. You acknowledge and agree that neither Tiny nor our Affiliates are responsible for the acts and/or omissions of any third party with respect to the collection, storage, and/or usage of your Private Information or any other data or information. We urge you to review any applicable third-party terms, conditions, and policies very carefully; your decision to consent to such is strictly between you and said third party.
b. De-Identified and Aggregated Data. Tiny intends to study and learn from your Analysis Results and other SI. Tiny may also wish to make use of Analysis Results and other SI in a way that leaves your identity anonymous, while allowing us to disclose the underlying SI with third-party partners.
i. Tiny and our Affiliates reserve the rights to use any information and data provided and/or generated in connection with your use of our Services in order to research, study and infer factual information about you and other members of the Tiny community; this includes, without limitation, using your Analysis Results and other SI for such purposes.
ii. Tiny and our Affiliates also reserve the rights to de-identify and/or pseudonymize any information and data provided and/or generated in connection with your use of our Services (including without limitation your Analysis Results and other SI), such that the data and information cannot reasonably be connected back to the individual from whom such information and/or data was collected. Tiny reserves the right to use such de-identified and/or pseudonymized information and data for its own analysis, as well as for any other lawful purpose it deems fit, including without limitation for sale to third parties (e.g. market research firms, advertisers, medical practices and research firms) and for research pertinent to healthcare, wellness, and related services, products, and offerings.
iii. Tiny and our Affiliates further reserve the rights to create compilations and aggregated data sets that exclude Personal Information and pool your other data and information (including without limitation Analysis Results and other SI) with that of other users. Tiny reserves the right to use such aggregated data for its own analysis and any other lawful purpose it deems fit, including without limitation for sale to third parties (e.g. market research firms, advertisers, medical practices and research firms) and for research pertinent to healthcare, wellness, and related services and products.
c. Targeted Offerings & Interest-Based Advertising. Tiny and our Affiliates reserves the right to use any data or information that you furnish and/or generate in connection with our Services to provide you and others with customized experiences and targeted offerings, and relevant marketing; this includes, without limitation using such data and information to provide targeted ads and promotions, as well as push notifications.
i. You may unsubscribe from our marketing emails at any time by clicking “Unsubscribe” at the bottom of the email.
ii. You can find many technology options to help you set boundaries around the use of your Private Information for targeted ads purposes. For example, AppChoices (http://youradchoices.com/appchoices) enables you to opt-out of interest-based mobile advertisements, while the Digital Advertising Alliance (optout.aboutads.info) created a tool to opt-out of targeted ads on websites. Platforms like Google (https://adssettings.google.com) and Facebook (https://www.facebook.com/about/ads) also contain feature that help you opt-out of unwanted interest-based ads. Browser and mobile settings can often be utilized to limit the transmission of Device ID information and/or third-party cookies in connection with interest-based advertisements.
d. Intracompany Communications. You agree that, within and/or among our Company and our Affiliates, Tiny may freely disclose and discuss any information and data arising out of, relating to, or otherwise concerning you – including without limitation your Private Information – in furtherance of legitimate business purposes.
e. Your User Content. Your User Content is considered non-confidential in its entirety – it may be publicly displayed and circulated, discovered, attributed to you, and/or used by Tiny and our Affiliates as described in our Terms. You acknowledge and agree that neither Tiny nor our Affiliates controls or is responsible for the use of your User Content by any third party.
f. Communications from Tiny. Tiny needs to be able to contact you regarding purchase confirmations, matters concerning the security of your PrivateInformation, and other important service announcements (“Essential Communications”). Furthermore, Tiny may wish to keep you in the loop as we roll-out new features and offerings (“General Communications”). By sharing your contact information with Tiny, you agree to receive Essential Communications and General Communications from Tiny and our Affiliates. You may always opt-out of General Communications by clicking as indicated; however, you are not permitted to opt-out of Essential Communications.
g. Changing or Closing Your Account. If you decide to close and/or delete your account with Tiny, we reserve the right to preserve your information, including without limitation your Private Information, in order to: (a) fulfill any remaining obligations to your or any third-party provider; (b) preserve information that we believe, in good-faith, to be necessary for the protection and/or enforcement of our legal right; and (c) send you Mandatory Communications and, if allowed, General Communications. Please note that you may update or close your account at any time via your account settings.
5. Tiny Requires You To Accept These Disclaimers, Releases, & Indemnification Obligations.
Even with commercially-reasonable efforts, you acknowledge and agree that neither Tiny nor any of our Affiliates promises or guarantees the security of your Sample or Private Information or other data and information. Likewise, you acknowledge and agree that Tiny and our Affiliates cannot represent that your Sample or Private Information has been free or warrant that it will remain free from unwanted access, usage, disclosure, modification, and/or alteration. Indeed, you acknowledge and agree that you are solely responsible for protecting your own privacy and access to your Private Information (e.g. protecting your passwords and financial account information).
To the maximum extent legally permitted, you agree to release and hold Tiny, our Affiliates, and our third-party partners and providers harmless in connection with any losses, liabilities, claims, controversies, lawsuits, disputes, or matters arising out of and/or relating to the unwanted access, collection, storage, and/or usage of data and information – including but not limited to your Private Information – regardless of prior notice or warning. Furthermore, to the maximum extent legally permitted, you agree to defend and indemnify Tiny, our Affiliates, and our third-party partners and providers and hold Tiny, our Affiliates, and our third-party partners and providers harmless in connection with any third-party claims, controversies, lawsuits, liabilities, decisions, damages, awards, amounts, costs, fees, and/or penalties arising out of and/or relating to your actions and/or omissions in connection with data and/or information (including without limitation Private Information) arising out, relating to, transmitted and/or communicated in connection with, and/or otherwise concerning our Services. You agree that the terms specified in this paragraph apply regardless of whether the matter at issue originated from Tiny’s sole negligence, and regardless of prior notice or warning; however, this paragraph shall not apply to matters directly resulting from any recklessness and willful misconduct of Tiny.
6. You must accept the following terms and conditions in order to access and use our Services.
c. Disclosure of Law Enforcement or Judicial Body. From time to time, Tiny may be legally compelled to turn over Personal Information to law enforcement or a judicial or administrative body of competent jurisdiction. You acknowledge and accept that Tiny will disclose Personal Information upon receipt of a proper court order, subpoena, warrant, or other form of legal process to the extent necessary to meet its obligations under law and/or in furtherance of the public interest.
d. California Residents.
i. California residents may request information regarding the categories and sources of Personal Information we collect, the purposes for our collection of Personal Information, the nature of any related third-party disclosures, and the identities of such third-party recipients.
ii. California residents also have the right to request a copy of their Personal Information, demand deletion of their Personal Information, and opt-out of the sale of any Personal Information.
iii. To exercise these rights, California residents can: (a) submit a request via
Our Online Support Form; (b) email us at [email protected], subject line “CCPA”; or (c) contact us by mail or private carrier at: Seeding, Inc., Attention: Legal Department, 9613 Streamside Dr, Austin, TX 78736. Please note, however, that Tiny reserves the right to require verification that the person submitting the request is the rightful owner of the Personal Information in question.
e. Nevada Residents.
i. Nevada residents are permitted to opt-out of the sale of Private Information, as covered by the Nevada Privacy of Information Collected on the Internet from Consumers Act (the “Nevada Privacy Act”).
ii. To exercise these rights, Nevada residents can: (a) submit a request via
Our Online Support Form; (b) email us at [email protected], subject line “CCPA”; or (c) contact us by mail or private carrier at: Seeding, Inc., Attention: Legal Department, 6104 Old Fredericksburg Rd #91622, Austin TX 78749. Please note, however, that Tiny reserves the right to require verification that the person submitting the request is the rightful owner of the Personal Information in question.
iii. Please further note that, at this time, Tiny is not engaged in the “sale” of “personal information” obtained from your use of our Services, as the terms “sale” and “personal information” relate to the Nevada Privacy Act.