INNER TREASURE HUNT
TERMS AND CONDITIONS
Effective Date: 23 August 2021
Welcome to Inner Treasure Hunttm (hereby referred to as ITH). By using the ITH website, you agree to these Terms and Conditions (the “Terms”). Any new features included in the Services in the future will also be subject to these Terms. In checking ‘Agree’ you agree to the terms and conditions as noted. Please read this document carefully because it contains important information about your rights and responsibilities when you use the Services. You are entering into these Terms with Inner Treasure Hunt. Additional terms may apply which will be disclosed to you when you sign up for a new Service or take advantage of a new promotion or special offer, which terms become part of your agreement with us if you use those Services, promotions, or offers. If any additional terms conflict with these Terms, those additional terms will prevail. If you have any questions about these Terms or our Services, please contact us through the ITH website.
1.a. Eligibility to Use the Services. Unregistered guests, free registered guests, and paid subscribers are all “Users” under these Terms. You may need to create an account to use some Services. You must provide accurate, complete, and current information when you register.
2.a. ITH Content: The Services contain photos, videos, documents, records, indexes of content, and other content provided by ITH (“ITH Content.”). Except for WebSearch records, which are governed by the terms of the third parties that host the records, all ITH Content is owned by or licensed to us and may be used only in accordance with these Terms, including ITH Content that may be made available to the public (“Public Content”). You agree: To use the ITH Content only as necessary for your personal use of the Services; Not to distribute, republish, or sell portions of any ITH Content; and, To contact us to obtain our written permission if you want to use more than a small portion of individual photos, videos, and documents that are protected or Public Content.
2.b. Your Content: ITH facilitates your providing a variety of content into the Services, including Personal Information content such as pictures, videos, comments, community discussions, or about records and responses to surveys and questionnaires (“User Provided Content”).
2.b.1 Personal Information: For more information on the types of Personal Information you may provide us and your respective rights.
2.b.2 User Provided Content: With respect to User Provided Content, you agree that: You are solely responsible for your User Provided Content; You have all the necessary legal rights to upload or post your User Provided Content; Any User Provided Content you provide complies with the ITH Community Rules; You will provide ITH, upon our request, with any documentation necessary to evidence your compliance with these Terms; and Any User Provided Content that you have shared publicly may be used by other users, including ITH, as part of, or in conjunction with, the Services. We will not be required to remove any User Provided Content that you have made public or has otherwise been shared from public profiles of other users.
2.b.3. ITH has no responsibility or liability related to User Provided Content. We do not routinely monitor User Provided Content for violations of these Terms, including the ITH Community Rules, but we reserve the right to do so (including using automated monitoring tools). We reserve the right, but do not have the obligation, to remove or disable access to any User Provided Content that we believe violates these Terms, including the ITH Community Rules. Serious or repeat violations or offenses will subject the responsible User to account termination, at ITH’s sole discretion.
2.b.4 Ownership of Your Content: You own your Personal Information and User Provided Content. You can delete your Personal Information from ITH by logging into your Account Settings . So long as your content remains on our system, we need certain rights from you for your and others’ use of the Services. By using the Services, you grant us the right to collect, host, transfer, process, analyze, communicate and store your Personal Information defined in these Terms in order to (a) provide the Services to you and other Users, (b) for the purposes described in these Terms, (c) to help our Users take classes, (d) for any other purpose to which you expressly agree, such as sharing with others. Also, by submitting User Provided Content through any of the Services, you grant ITH a sublicensable, worldwide, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User Provided Content to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for ITH to copy, display, and index your User Provided Content. ITH will own the indexes it creates. We will also have the right to continue to use your User Provided Content, even if you stop using the Services, but only as necessary for us to provide and improve the Services.
2.c Copyright and Trademark: Each of the Services is protected by copyright as a collective work or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks, and logos contained in the Services are owned by or licensed to us. We and our licensors retain title, ownership, and all other rights and interests in and to all ITH Content in the Services.
If you have concerns that User Provided Content posted by other Users may infringe your rights, contain illegal material, or violate these Terms, please contact us. We are also sensitive to the copyright and other intellectual property rights of others.
3.a. Renewals and Cancellations for ITH Services
Your purchases of and subscription(s) to any of the Services are subject to the Renewal and Cancellation Terms. Your subscription to the Services (as defined in the ITH Terms and Conditions) and purchase of ITH Services is subject to these Renewal and Cancellation Terms. Capitalized terms used in these Renewal and Cancellation Terms if not defined here are as defined in the Terms and Conditions.
3.b. Subscriptions: There are various payment and subscription options available for using the Services. These options can be found in the individual Services and may change from time to time. Once you register for a free trial or your initial payment is processed, your subscription has begun, and you can immediately access the relevant Service.
3.c. Automatic Renewals of Subscriptions. Unless otherwise noted in the terms of your offer, subscriptions automatically renew, except for gift and pay-per-view subscriptions. This means that once you sign up for a free trial or become a subscribing member, your subscription will automatically renew based on the subscription program you chose (e.g. annually, monthly, etc.). You will be charged the rate stated at the time of purchase (plus applicable taxes, such as value added tax when the stated rate doesn’t include VAT) at the beginning of each billing term of your subscription via the billing method you have provided to us. Please ensure that your billing information is correct to prevent an interruption in your subscription. Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. ITH will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described below.
3.d. Subscription Cancellations and Refunds. You may cancel your ITH subscription by logging into your My Account page or by contacting us. All refunds will be credited to the billing method associated with your account. Unless otherwise stated in the terms of your subscription, the following terms will apply: Free Trials: Some of the Services allow you to register for a free trial so you can try the Services before starting a paid subscription. If you register for a free trial, you may cancel at any time prior to two days before the end of the free trial period and incur no charge. If you do not cancel by that time, your paid subscription will start once your free trial period ends. One free trial per user. After a free trial bills through, no refunds will be issued. For users located in the European Union, your free trial is inclusive of your cooling off rights. Monthly Subscriptions: Subscriptions billed on a monthly basis may be canceled at any time prior to two business days before your renewal date but are not eligible for a refund. If you cancel your monthly subscription, you will retain access to your Services for the remainder of that month. If you do not cancel your subscription prior to two days before your renewal date, we will renew your subscription for one more month.
3.e. For ITH Subscriptions Longer than a Month, Billed Upfront: Except as outlined below, if you cancel this type of subscription before the end of your subscription period, you are not eligible for a refund, but you will retain access to the relevant Services for the remainder of your subscription period, after which your subscription will be canceled. If your subscription did not begin with a free trial, during the first 14 days of your first subscription term you may either (1) cancel immediately for a full refund and immediate loss of access, or (2) cancel at the end of your current subscription, with no refund. If you do not cancel your subscription within your subscription period, we will renew your subscription for additional terms equivalent in length to your current subscription, until you cancel. After your subscription renews, you are not eligible for any refunds. Refunds are not based on account usage.
3.f. Annual and Unlimited subscriptions: Subscriptions longer than one month that are billed upfront may be canceled during the first 30 days for a full refund. If this subscription begins with a free trial, the 30 day period begins after the free trial ends. If you cancel this type of subscription after the first 30 days, you will not receive a refund, but you will retain access to the relevant Services for the remainder of your subscription period, after which your subscription will be canceled. If you do not cancel your subscription within your subscription period, we will renew your subscription for additional terms equivalent in length to your current subscription, until you cancel. Refunds are not based on account usage.
3.g. Subscriptions Longer than a Month, Billed Monthly: Where offered, some subscriptions longer than a month may be eligible for monthly billing. Even though you will be billed monthly, you are committing to the entire length of your subscription (e.g. 6 months or 12 months). Except as outlined below, if you cancel this type of subscription before the end of your subscription term, you are not eligible for a refund, but you will retain access to the relevant Services for the remainder of any paid months (after which your subscription will be canceled), and you may be charged a cancellation fee. If your subscription did not begin with a free trial, during the first 14 days of your first subscription term you may either (1) cancel immediately for a full refund of the first month’s fee and immediate loss of access, or (2) cancel at the end of the first month, subject to a cancellation fee. Cancellation fees are the lesser of (i) $25 for 6-month subscriptions or $50 for 12-month subscriptions (plus any applicable taxes) or (ii) the remaining cost of your subscription. If you do not cancel your subscription within your subscription period, we will renew your subscription for additional terms equivalent in length to your current subscription, until you cancel. After your subscription renews, you are not eligible for any refunds.
3.h. Gift Memberships: Gift memberships may be canceled by the purchaser for a full refund before the earlier of (a) 30 days after the date the gift is purchased and (b) the gift start date selected by the purchaser. No refunds are available after the gift start date.
3.i. Credits: Some Services may be purchased as credits, in varying quantities, to be used over a period of time. Credits purchased are valid for the period specified at the time of purchase. Any credits unused within the period of permitted use will expire following the expiration date.
3.j. Taxes and Fees: You will be responsible for all taxes and fees charged by other companies such as shipping, mobile carrier fees, data plan charges, overdraft fees, credit card fees, and foreign transaction fees.
4. Termination or Suspension of Your Account
We may limit, terminate, or suspend your access to the Services without a refund if you breach or act inconsistently with the letter or spirit of these Terms, including the ITH Community Rules. In such a case, you will not be entitled to a refund of subscription fees.
While we hope you enjoy using our Services, there are things we don’t promise about our Services. Except as expressly set out in these Terms, we provide the Services and the ITH Content to you on an “AS-IS” basis. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the ITH Content, (b) about User Provided Content, (c) about the specific functionality of the Services, (d) about the quality, accuracy, reliability, or availability of the ITH Content or Services, or (e) that the Services will be free from viruses or other harmful components. We are constantly changing and improving our Services, so we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether.
We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability. This limitation of liability applies fully to residents of New Jersey.
You agree that you will indemnify and hold ITH, and its affiliates and subsidiaries their respective officers, directors, employees, agents, successors, and assigns (the “ITH Parties”) harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your User-Provided Content, including a claim that your User-Provided Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release the ITH Parties from all claims, demands, actions, or suits in connection with your User-Provided Content, including any liability related to our use or non-use of your User-Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.
8. Services Offered by Other Companies
Our Services may contain links to other sites operated by third parties, including but not limited to, third-party sites that may display ITH trademarks (“Third-Party Site(s)“). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. A link to a Third-Party Site from our websites does not constitute sponsorship, endorsement, approval, or responsibility for any Third-Party Site. The terms and conditions of use and privacy statement of a Third-Party Site may differ substantially from our Terms and Privacy Statement. Please read the terms and conditions of use and privacy documentation for all Third-Party Sites carefully. ITH does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any Third-Party Site or its content, products, and services. We have no responsibility related to any Third-Party Site.
If you access the Services on our websites in the United States, the laws of the State of California and as applicable, those of the United States of America, govern these Terms and the use of the Services. All claims not subject to arbitration and brought in the United States will be subject to the jurisdiction of the courts of the State of California. If you access the Services on our websites anywhere other than in the United States, the laws of Ireland govern these Terms.
10.a. Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. We work hard to keep our customers satisfied. If a dispute arises between you and ITH, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.
10.b. For U.S. Customers:
You and ITH agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
If any dispute between us is not resolved within 30 days after contacting us, then you and ITH agree that we will resolve it through final and binding arbitration, with the following three exceptions: 1. You may assert your dispute, if it qualifies, in small claims court; 2. Both you and ITH may bring a suit in court in the state of California only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial; 3. If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf. If you have a subscription and you terminate for our breach after providing us with a 30-day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you. Arbitration Rules: Arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Statement, including but not limited to any claim that all or any part of these Terms or Privacy Statement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to ITH at 576 Wisconsin Street, San Francisco, CA 94107. Arbitration may take place in the county where you reside at the time of filing. You and ITH further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Fees: You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, ITH will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
10.c. No Class Actions: You and ITH each agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
10.d. Changes to This Section: ITH will provide thirty (30) days’ notice of any changes affecting the substance of this section by posting notice of modifications to the Terms on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Dispute, Resolution, Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
10.e. Survival: This Dispute Resolution, Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.
10.f. For Customers Outside the U.S.:
You agree that the Irish Courts will have exclusive jurisdiction over all disputes (contractual or non-contractual) related to this Agreement. If you are a European Union consumer you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. Nothing contained in this clause shall limit ITH’s rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction. Additional Dispute Information for EU Members: Information pursuant to Regulation 524/2013: The European Commission provides a platform for Online Dispute Resolution (ODR), available at http://ec.europa.eu/consumers/odr/.
ITH Companies: You are entering into these Terms with Inner Treasure Hunt (ITH). All references to “ITH”, “us”, “we”, or “our” in these terms refer to Inner Treasure Hunt.
11.b. Modifications to these Terms: We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Except as explicitly provided herein, your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, cancel your subscription.
11.c. Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and ITH regarding your use of the Services and supersede any prior agreements we may have relating to the Services. Notification of Changes to the Services: ITH may contact you within the Services, via email, physical mail, or electronic messaging to inform you of changes to the Services or these Terms. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing. Feedback: If you submit feedback or suggestions about ITH or our Services, we may use your feedback or suggestions for any purpose without any obligation to you. Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of ITH, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
11.d. If ITH is Acquired: If ITH or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), ITH has the right to share your Personal Information, User-Provided Content with that entity. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services.
11.e. Severability: Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable.
11.f. No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.
11.g. Fair Credit Reporting Act: ITH is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL’S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).
12.c. Who sets Cookies when I use ITH’s Services?
There are two main types of Cookies that can be set: First party Cookies: these Cookies are placed by ITH directly when you use our Services. First party Cookies may include Cookies from Service Providers. Third-party Cookies: these Cookies do not belong to ITH. They are owned by other companies, like Google or YouTube, and are used for site analytics and advertising purposes. Third-party Cookies will be providing a service to ITH or a function to us but ITH cannot control how those third-party Cookies are used.
12.d. Types of Cookies Used
12.d.1. Necessary: These Cookies are essential for the operation of our Services. These Cookies do things like ensure that your password works and you stay logged in when you move between pages on the website and help the website to remember details like what is in your shopping cart or how far you are through an order. Necessary Cookies cannot be removed or turned off. We use those Cookies in a number of different ways, including: Authentication – To remember your login state so you don’t have to log in as you navigate through our websites; Fraud Prevention and Detection – Cookies and similar technologies that we deploy through our website help us learn things about computers and web browsers used to access the Services. This information helps us monitor for and detect potentially harmful or illegal use of our Services; Security – To protect your data from unauthorized access.
12.d.2. Analytics: Analytics Cookies help us understand how users interact with our Services. We use those Cookies to analyze and improve our Services. Cookies help us understand how people reach our website and they give us insights into improvements or enhancements we need to make to our Services. We use them to improve how our site works, understand what interests our users, and measure content effectiveness.
12.d.3. Advertising: Advertising Cookies are used to better understand your interests and show you ads from ITH and our third-party advertising partners that are more relevant to you. Advertising Cookies may be used to share data with advertisers (also referred to as online behavioral advertising) so that the ads you see are more relevant to you, including from our partners, and allow you to share certain pages with social networks. These Cookies limit the number of times you see an advertisement. We work with third parties who do this for us and we may, in limited circumstances, also place ads around our related brands’ sites.
12.d.4 Preference: These Cookies allow our site to operate at its best and remember your preferences when you have an account with us (such as your username, language or the region you are in). They also help us to understand how our site is used so that we can measure and improve its performance.
12.e.1. Types of tracking technologies used
12.e.2. Pixels: A pixel (a.k.a, web beacons, action tags) is a tiny image that may be found within web pages and emails, requiring a call (which provides device and visit information) to our servers in order for the pixel to be rendered in those web pages and emails. We use pixels to learn more about your interactions with email content or web content, such as whether you opened an email or interacted with ads. Pixels can also allow us and third parties to place Cookies on your browser.
12.e.3 Local Storage: Local storage enables a website or application to store information locally on your device(s). Local storage may be used to improve the ITH experience, for example, by enabling features, remembering your preferences and speeding up site functionality.
12.e.4 SDKs: A software development kit, or SDK, is a downloadable software package used in mobile applications. A typical SDK may contain APIs which are pre-defined pieces of code that help you perform common programming tasks on the platform or other tools that help us do things like debug, build, run, and test our mobile apps.
12.f. Note: If you change your browser settings to block all Cookies, or if you switch off certain Cookies, you may not be able to access some or all parts of our site and the site may not work as intended. In addition, if you delete, block or otherwise restrict Cookies, or if you use a different device or internet browser, you will need to renew your preferences again.
12.g. Do-Not-Track Disclosure:
ITH notes that although we do our best to honor your privacy preferences, and have implemented industry standard safeguards as described above, we do not respond to Do-Not-Track signals from your browser at this time due to the lack of an established industry standard.
13.a. ITH Community Rules
At ITH, we know that we all building community together. We want everyone to feel welcome in our community. To keep the community engaging, safe, and appropriate for all, the following rules clarify what is allowed and prohibited on ITH. If you come across something that violates these Rules, please let us know and we will do our best to address the situation. We always appreciate your feedback in helping to make ITH a safe and comfortable environment for everyone.
13.b. Site Access and Security
While using your ITH account or any ITH Services including Facebook groups, you: Must comply with all applicable laws. Must have your own ITH account, and select a unique username and password. May not share your ITH account password with anyone else. May not permit a child under the age of 13 to publish information or post content through your ITH account. Must provide valid and complete contact information, including a valid email address. May not select a username that is hateful, obscene, or otherwise inappropriate, as determined by ITH, in its sole discretion. Must never misrepresent your identity, either to ITH or to other users. Must not interfere or attempt to interfere with the Services, including using any software program, virus or routine to block, obscure, modify any ITH Content or web pages, or to destroy another person’s software, hardware, or telecommunications equipment.
13.c. Community Safety
While using your ITH account or any ITH Services including FaceBook groups, you may not: Post or share any content that is illegal, threatening, harmful, abusive or otherwise objectionable, including content or communications that are degrading, defamatory, vulgar, hateful, libelous, fraudulent, obscene, pornographic, sexually explicit, sexist, racist, or invasive of another’s privacy. Stalk, harass, threaten or verbally attack any User or ITH employee, or abuse ITH resources, such as misusing an ITH employee’s time. Post any information or communication that you know is false or misleading, including impersonating any person, misrepresenting your affiliation with any person or entity (including ITH), falsely claiming an endorsement that you do not have, or misrepresenting that you are an employee or representative of ITH or its family of companies. Post or share content containing any person’s personal, proprietary, or confidential information such as photos of living individuals, sensitive financial information, or a person’s address, phone number, or email address without their permission.
13.d. Respect for Intellectual Property
While using your ITH account and the ITH Services including Facebook groups, you may not: Post or share content that is protected by copyright or trademark, or that does not belong to you, including pictures and historical documents posted by other users, unless you have express permission from the owner of the copyright or trademark for such content. Read our Copyright Policy for more information. Reproduce, reverse-engineer, or sell any portion of ITH’s Services or ITH Content, or systematically download data from ITH databases to make or populate another database for any other purpose. “Deep link” or frame, inline link, or mirror any part of any ITH Services without ITH’s written permission.
13.e. Spam is Not Allowed
You may not use your ITH account or the ITH Services (or any information obtained through the Services) or Facebook Groups to post or make available any advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
13.f. Legal Details
The ITH Community Rules apply to all users of ITH’s Services including Facebook groups and are intended to protect you and the entire ITH community. Any capitalized terms used in these Rules shall have the same meaning as set out in the ITH Terms and Conditions and Privacy Statement. This list of prohibited conduct is not exhaustive. ITH prohibits users of the Services from engaging in any activity that ITH, in its sole discretion, determines to be offensive, interferes with the rights of others, or causes harm to any person or entity. ITH can’t be responsible for the content our users create and share in the community, but we reserve the right to remove any posts or comments that violate these rules or our Terms and Conditions. Serious or repeat violations or offenses will subject the responsible user to account termination, at ITH’s sole discretion.
14.a. Privacy Statement
At ITH, your privacy is a top priority. ITH is committed to being a good steward of your Personal Information (defined below), handling it in a responsible manner, and securing it with administrative, technical, organizational and physical safeguards. We believe in being honest, direct and transparent when it comes to your data. ITH follows three guiding principles when it comes to your privacy: Transparency. We work hard to be transparent about what Personal Information we collect and process. Simplicity. We try to use easy-to-understand language to describe our privacy practices to help you make informed choices. Control. We give you control over the Personal Information you provide to us, including your DNA Data, and how it is used, shared, and retained.
At ITH, we empower journeys of personal discovery to enrich lives. To provide and improve the websites, mobile applications, and services (collectively the “Services”), we collect, process, and store “Personal Information,” which is information that can identify you directly or indirectly, as further described in Section 3, such as your name, email or address, or information that could reasonably be linked back to you. This Privacy Statement describes our practices for collecting, storing and processing your Personal Information and the controls we provide you to manage it within our Services.
14.c. Account Creation and Your Engagement with ITH Services
The Personal Information contractually required to create an account with ITH is limited to your name, an email address, and a password. For members only, billing information is also required for account creation. By creating an account you are telling us that you understand ITH will collect, process, and share your Personal Information as described in this Privacy Statement. Access to some ITH content requires additional Personal Information, including payment details. At any time, you can request that ITH delete Personal Information you have uploaded into your account. You can also delete your entire account.
14.d. What Personal Information Does ITH Collect From You?
14.d.1. Account Information: Your name (required). An email address (required). A password that you create (required). A phone number – You may voluntarily provide a phone number. Billing information. ITH supports third-party sign-in services such as Facebook, Google and Apple that provide ITH your Personal Information.
14.d.2. Credit Card/Payment Information: Payment information, such as your credit card number, and your billing and shipping address(es), when you make a purchase, such as an ITH subscription or product.
14.d.3. Profile Information: We collect the information that you provide when you create a user profile (for example, a profile image, your name, age, or location). Your ITH user profile information is visible to other Users, so please consider limiting this information to protect your privacy.
14.d.4. User Provided Content: We collect information when you voluntarily contribute to the Services, for example, content you upload or contributions to community discussions, photos, videos, recordings, annotations to ITH records, and information you voluntarily provide in response to our email surveys or questionnaires available through the Services.
14.d.5. Your Communications: We host and maintain your communications with other Users through the communications features on our platform, and also collect your information when you communicate with ITH Member Services and support teams for our other Services, including audio and visual information (such as recordings of calls with ITH Member Services or information voluntarily shared when participating in consumer insights research).
14.e. What Information Does ITH Collect Through Your Use of the Services?
14.e.1. Computer and Mobile Device Information: ITH collects information about how you access our Services, including the website you visited before and after ITH’s site. We also collect the IP address where your computer, mobile device, or the proxy server that you use accesses the Internet, in addition to other technical information, such as: Your computer operating system; Your web browser; Your mobile device identifier provided by your mobile device operating system and your mobile operating system; and, The name of your internet service provider or mobile carrier. ITH may collect geolocation information from your device with your permission.
14.e.3. Information Shared Through Social Media Features: If you interact with social media through the Services, for example “Share,” “Post,” “Tweet,” “Pin,” or “Follow Us” links to sites such as Facebook, Twitter, Pinterest, Instagram, LinkedIn, and YouTube, ITH will collect these interactions and whatever account information these services make available to us dependent on your privacy settings with that third party. Your interactions with these features are governed by the privacy statement of the applicable third-party company.
14.e.4. Information from Your Use of the Services: We collect information about your use of the Services, such as when you search programs, which pages you view, links you click, etc., which we may use to infer details about you as a customer and your interests to provide a better experience through, for example, search suggestions.
14.f. How Does ITH Use Your Personal Information?
14.f.1. Personal Information (Generally): We use your Personal Information to provide, personalize, improve, update and expand our Services. This includes: Authenticating your access to the Services and improving ITH information security; Processing your payments for subscriptions and products; Building new and improving existing Services; Issuing surveys and questionnaires for use in the Services, as well as facilitating product development and research initiatives; Detecting and protecting against error, fraud, or other criminal or malicious activity; and, Enforcing our Terms and Conditions.
14.f.2. Communications: We use your Personal Information to communicate with you about the Services, such as when we: Respond to your inquiries to Member Services; Inform you of changes to Services or new Services; Ask you to participate in ITH media productions, advertisements, conducting consumer insights research, or testimonials; and Provide you with information or request action in response to technical, security, and other operational issues.
14.f.3. Market Products and Offers from Us or Our Business Partners: We may use some Personal Information (for example, demographic information available from third-party sources or from parts of ITH) to market our products and offers from us or our business partners. This marketing includes advertising based on your interests. For any consent-based marketing we do, you can control how we market to you by using the unsubscribe link in any marketing email you receive, by changing your account preferences, or by following the instructions in marketing communications you receive. For certain personalized advertising on third-party platforms, we rely on our own legitimate interests as the legal basis and you should control your marketing preferences directly on those platforms.
14.g. What Information Do We Share, When Do We Share It and Who Are the Recipients?
14.g.1. ITH does not share your individual Personal Information with third-parties except as described in this Privacy Statement or with your additional consent. We do not voluntarily share your information with law enforcement. ITH does not sell your Personal Information. The circumstances described below explain when sharing might occur:
14.g.2. Analytics and Advertising Partners: We work with third-party partners for analytics and advertising purposes. By collecting certain information, it helps us to better personalize ads to match your interests. It also helps us to measure the effectiveness of ad campaigns and is used to serve you with advertising that is more relevant to you.
14.g.3. Other Legal or Regulatory Process: We may share your Personal Information if we believe it is reasonably necessary to: Comply with valid legal process (e.g., subpoenas, warrants); Enforce or apply the ITH Terms and Conditions; Protect the security or integrity of the Services; or Protect the rights, property, or safety, of ITH, our employees or Users.
14.g.4. If ITH is Acquired: If ITH is acquired or transferred (including in connection with bankruptcy or similar proceedings), we will share your Personal Information with the acquiring or receiving entity. The promises in this Privacy Statement may continue to apply to your Personal Information that is transferred to the new entity.
14.h. Your Rights and Choices Regarding Your Personal Information
All Users (as defined in our Terms and Conditions) may use our online tools to request a report of what Personal Information they have provided to us. Some laws provide Users with specific rights regarding their Personal Information. For example: Right of Access/To Know – You may have a right to request access to your Personal Information and to be provided with a copy of certain information including the categories of your Personal Information we collect and disclose. Right of Rectification/Correction – You may have the right to request that we rectify or correct inaccurate Personal Information about you. Right of Erasure/Deletion – You have the right, in certain cases, to request that we delete your Personal Information, provided there are valid grounds for doing so and subject to applicable law. Right to data portability – You may have the right to receive certain of your Personal Information in a format that can be transmitted to another data controller.
14.i. What Are Our Retention Practices?
ITH Services are fundamentally premised on the notion that the personal voyage of self-discovery is not a one-time event and continues over lengthy periods of time—possibly lifetimes. Additionally, and with particular regard to our subscribers who pay fees or purchase subscriptions, the ongoing enhancement of our features provide benefits and insights to our Users over time. As a result, our retention practices reflect this ongoing value by retaining user accounts on our system until our Users inform us of their desire to delete their data or close their accounts. Account and Profile: ITH will retain the Personal Information you provide while creating your account and your profile until such time as you delete your account. Usage Information:We retain usage information (e.g., visits to sites) in a depersonalized or aggregated form. Once aggregated, this information ceases to be personal and will not be subject to user deletion requests.
14.j. How Can I Delete My Personal Information?
You can delete your Personal Information from ITH at any time. Personal Information: You can delete your Personal Information from ITH at any time. If you have shared information with other Users, ITH will not be able to remove any copies of information that other Users may have retained, which can only be removed by your contacting the other User and asking them to delete it. Please direct any request to remove information from linked archival records to the responsible archival entity. We will consider requests for removal of Personal Information from the searchable indexes of the records we hold on a case-by-case basis in accordance with law. General: Please note that there may be some latency in deleting your Personal Information from our backup systems after it has been deleted from our production, development, analytics, and research systems. ITH may also retain certain information as reasonably necessary to comply with our legal obligations (including law enforcement requests), resolve disputes, maintain security, prevent fraud and abuse, as well as to comply with tax, payment industry, securities, and regulatory compliance requirements.
ITH maintains a comprehensive information security program designed to protect our customers’ Personal Information using administrative, physical, and technical safeguards. The specific security measures used are based on the sensitivity of the Personal Information collected. We have measures in place to protect against inappropriate access, loss, misuse, or alteration of Personal Information under our control. The ITH Security Team regularly reviews our security and privacy practices and enhances them as necessary to help ensure the integrity of our systems and your Personal Information. We use secure server software to encrypt Personal Information, and we only partner with security companies that meet and commit to our security standards. While we cannot guarantee that loss, misuse or alteration of data will not occur, we use reasonable efforts to prevent this. It is also important for you to guard against unauthorized access to your Personal Information by maintaining strong passwords and protecting against the unauthorized use of your own computer or device.
14.l. Changes to This Statement
We may modify this Privacy Statement at any time, but we will provide prominent advance notice of any material changes to this Statement, such as posting a notice through the Services, on our websites, or sending you an email or electronic message, to provide you the opportunity to review the changes and choose whether to continue using the Services. We will also notify you of non-material changes to this Statement as of their effective date by posting a notice through the Services, on our websites, or sending you an email.
14.m. Identity and Contact Details of the Data Controller
ITH is responsible for the use of your data and for responding to any requests related to your Personal Information. Contact: ITH Privacy Office, 576 Wisconsin Street, San Francisco, CA 94107 USA.
15.a. California Resident Additional Privacy Statement
ITH provides this California Resident Additional Privacy Statement (“California Statement”), applicable solely to California residents, as a supplement to our Privacy Statement, to provide information as to how you may exercise your rights under the California Consumer Privacy Act (“CCPA”). This California Statement covers all ITH websites, services, and mobile apps that link to this California Statement (throughout, collectively, as applicable “ITH” “we” or “our”). It applies to the Personal Information (defined above) we collect from your use of our Services and through any other means by which you engage with us.
15.b. Categories of Personal Information
ITH collects, and has collected in the 12 months prior to the effective date of this California Statement, the following categories of Personal Information: Identifiers, such as name, postal address, unique personal identifier, online identifier, IP address, your mobile device identifier, email address, account name, driver’s license. This also includes any other User Provided Content (defined above) you choose to share with us that is considered a legally protected class under California or federal law. Commercial information, such as products or services purchased, obtained, or considered or other purchasing or consuming histories or tendencies. Internet usage information, such as your browsing history, search history, and information regarding your interaction with our sites and advertisements (also described above). Geolocation data, such as location of your device or computer and any metadata associated with digital photographs uploaded, including the location, date, and time the photo was taken. Sensory data, such as audio, electronic, and visual information (e.g., audio or video recordings you upload, recordings of calls with ITH Member Services or information you voluntarily share when doing consumer insights research with us). Please note, we do not sell your Personal Information. Note that some categories of information are collected only if you use certain of our Services.
15.c Business Purposes
ITH uses the categories of Personal Information for the following business purposes: Providing, personalizing, improving, updating, and expanding ITH’s Services; Communicating to you about the Services; and Marketing new products and offers from us or our business partners based on your interests.
15.d. Categories of Sources of Personal Information
ITH collects and has collected in the 12 months prior to the effective date of this California Statement, categories of Personal Information from the following categories of sources: You, our user/visitor—this source of Personal Information depends on your use of the Services, including your User-Provided Content (defined above); Third parties.
15.e. Exercising Your Rights Under CCPA.
15.e.1 Right to Know. The CCPA gives California consumers the right to request that we disclose what Personal Information we collect, use, disclose, or sell. This includes the right to request the categories of Personal Information we have collected about them, the categories of sources of Personal Information, the business purpose for collecting Personal Information, the categories of third parties with whom we share categories of Personal Information, and the specific pieces of Personal Information we have collected about the requestor.
15.e.2 Right to Delete. The CCPA gives California consumers the right to request that we delete your Personal Information. Note that to delete your Personal Information, you must delete your account and that once an account deletion request is completed, this process is irreversible. Your information (including, but not limited to, posts, records, photos, and videos) will be permanently deleted. We are required to verify your identity before we delete your data. We will require you to provide proof of identity and California address (e.g., you may be required to provide a copy of your government ID, which will be used solely to verify your identity and address).
15.f. Selling. ITH does not sell your Personal Information, and has not sold it in the 12 months prior to the effective date of this California Statement. Non-discrimination. We will not discriminate against you for exercising any of your rights under the CCPA.
15.g. California’s Shine the Light Law. California Civil Code Section 1798.83, known as the “Shine the Light” law, permits Users who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for their direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, ITH currently does not share any Personal Information with third parties for their own direct marketing purposes.