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1 forms found in the DOM

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Terms & Conditions
Privacy Policy



TERMS OF SERVICE FOR WWW.BUZZOOLE.COM

Terms of Service


The following terms of service (hereinafter "TOS") are the rules under which
Buzzoole S.p.A. a limited liability company registered in Italy with Tax Number
and VAT no. 05180070657 and registered office in Via Vannella Gaetani 27, 80121,
Naples, Italy, with certified e-mail address buzzoolespal@legalmail.it
(hereinafter “Buzzoole”), regulates the access to and use of its technological
platform, accessible through the website www.buzzoole.com and mobile app
(hereinafter “Platform”), by the content creator (hereinafter "Influencer" or
"Content Creator")“”, as well as the brand (hereinafter, the “Brand”), who
register to the Platform (hereafter, jointly the Content Creators and the
Brands, in the singular the "User" or, in the plural, the "Users").

Through the Platform, Buzzoole offers Users the opportunity to use the services
offered by Buzzoole, detailed in the Article 5 below (hereinafter, the
"Services").

These TOS shall constitute the general terms and conditions within the meaning
and effect of Article 1341 of the Italian Civil Code and are, therefore, legally
binding from the moment of their acceptance by Users.

Buzzoole reserves the right to modify these TOS at any time. In this case, any
change shall be communicated to the User by prior notice through the e-mail
address provided by the latter upon registering into the Platform.
Alternatively, the User will be asked to accept the new version of the TOS upon
accessing the Platform for the first time after the change has occurred.


USE OF THE PLATFORM


1. Registering on the Platform

1.1 In order to access the Platform and to the Services, the User has to
register on it for the first time and create his or her own account
(hereinafter, the “Buzzoole Account”). For all other paid services for Brands,
please refer to the provisions in the specific terms and conditions for
campaigns.

1.2 In case the User is a Content Creator, the Content Creator proceeds to the
first registration, using using their active account on one of the social media
indicated on the login page (hereinafter "Social Media Account"); accordingly
each subsequent access (hereinafter "Login") will take place through the use of
the Social Media Account which, therefore, shall constitute the credentials for
Login on the Platform (hereinafter the "Login Details").

1.3 Should the Content Creator complete the first registration through the use
of social media accounts belonging to organizations, entities, companies,
foundations or in general to any legal entity, then such User confirms to have
been authorized for the use of the relevant social media account, indemnifying
Buzzoole from any form of liability, whether direct or indirect, arising from
the improper use of the aforementioned social media accounts.

1.4 The User must have the minimum age of 18 years at the time of the
registration on the Platform. To this extent, any new User confirms, under their
own responsibility, to be at least 18 years old, in compliance with the legal
national and European framework

1.5 At the time of registration, the Content Creator, in addition to accepting
the TOS, accepts the privacy policy in accordance with Art. 13 of EU Regulation
679/2016 and may optionally give consent for his/her data to be processed for
sending of commercial and/or promotional communications (so-called, "direct
marketing").

1.6 In the event that the User is a Brand, the Brand will proceed to the first
registration, by entering the information required by the Platform, including,
first name, last name, company email address, company name and website, as well
as the budget available for Influencer Marketing; any subsequent access to the
Platform, will be through the Login details created at the time of registration.

1.7 When subscribing to the Platform, the Brand declares that he/she has read
the privacy policy in accordance with Article 13 of EU Regulation 679/2016 and
may optionally give consent to receive Buzzoole's newsletter containing the most
relevant Influencer Marketing news, trends and data.

1.8 The User is the sole responsible for maintaining the confidentiality of
their Login Detail and must notify immediately to Buzzoole any loss of exclusive
control over this information. In the absence of such notification, the User
shall be held responsible for any potential action or damage caused through the
use of such credentials.

1.9 The Users shall be considered thoroughly and solely liable for any potential
damage caused to Buzzoole or any third-party because of the inappropriate use of
the Login Details. Except for the circumstances cited any operation carried out
through the use of the Login Details shall be deemed to have been carried out by
the User to whom the Login Details belong. Additionally, the User agrees that
Buzzoole can use and track, as evidence of the operations processed, any data
found through the IT system, also for the purpose of ensuring the correct
functioning of the Platform.


2. Creation and Use of the Buzzoole Account

2.1 By using the Social Media Account chosen upon the registration or the Login
Details , the User accesses their own reserved area on the Platform, through
which they can receive the Services offered by Buzzoole.

2.2 In order to complete the registration on the Platform, the User shall be
required to complete their Buzzoole Account, i.e. providing the requested
personal data. In addition, the Content Creator will also include billing
information, as well as any additional information required for payments. The
User declares and confirms that any personal data provided is real and truthful
and undertakes that any such data will be kept up to date for the entire term of
these TOS. Finally, the User is aware that all the information required for the
completion of the Buzzoole Account is necessary for the provision of the
services referred to in the following Article 5 of this TOS. In any case,
Buzzoole reserves the right to verify the identity of Users, the validity,
truthfulness, completeness or authenticity of data, content, information or any
other activity performed by Users within the Platform.

2.3 Without prejudice to the provisions referred to in Article 1.3 above, and
without Buzzoole being in any way responsible for the activities carried out
through the aforementioned Buzzoole Account, Buzzoole reserves the right to
access the User's Buzzoole Account, without the consent of the User, to solve
technical issues. Furthermore, Buzzoole reserves the right to access the
Buzzoole Account in the event of suspicion of illegal activities carried out by
the User through their Buzzoole Account or if requested to do so by judicial
authorities.

2.4 By signing these TOS, the User declares to have understood and acknowledges
the purpose and functionality of the Platform accessible through the Buzzoole
Account and the relevant functionalities, in consideration of which, also taking
into account their needs and its own devices, has come to the decision to enter
into this Agreement. Buzzoole, therefore, assumes no responsibility for this
choice and the User remains solely responsible for it.

2.5 In case of an interruption of the services offered through the Buzzoole
Account, or if a technical failure or malfunction of the Platform depending on
Buzzoole occurs, the User can contact the Buzzoole helpdesk service via the
email customercare@buzzoole.com. In this circumstance Buzzoole, while not
assuming any responsibility for the interruption of the service, undertakes to
process the request within a reasonable and necessary time for the resolution of
the issue, also taking into consideration the seriousness of the event.

2.6 Should maintenance interventions relating to the Platform become necessary,
Buzzoole may, in case of urgency, temporarily suspend the Buzzoole Account, even
without notice to the Users.

2.7 The User declares that he or she is of legal age and, in using the Platform
and enjoying the Services, undertakes to:


 * use the Platform and related Services offered in compliance with the TOS and
   in accordance with the purposes and uses consistent with the law;
 * not encourage others to violate the standards of operation of the Platform;
 * not impersonate members of Buzzoole or other Users using a similar identity
   or any other means or device;
 * not use the Platform for illicit business proposals;
 * not perform spam actions, that is, to perform publications that in any way
   harm those who receive them or interfere in communication with other Users;
 * not induce or incite criminal, degrading, defamatory, violent or
   discriminatory actions due to reasons of sex, age, disease, religion, creed
   or condition;
 * not include, provide, or allow access to products, articles, messages, and/or
   services that are criminal, violent, offensive, harmful, degrading, or
   generally contrary to law, morality, and decency;
 * not include or incite involvement in actions that are dangerous, risky or
   harmful to a person's health and psychological balance;
 * not use material and documents protected by third-party rights, industrial or
   intellectual property, without obtaining the necessary authorization from the
   legitimate rights holders;
 * not violate the data protection regulations set forth in the GDPR;
 * not send viruses or other electronic or physical items that could damage or
   disrupt the normal operation of the network, system or computer and equipment
   belonging to Buzzoole or third parties;
 * not cause difficulties in normal service operations;
 * not provide information or personal data of third parties, without their
   prior permission.


3. Use of Personal Data and other information

3.1 The User undertakes to provide Buzzoole, upon registering on the Platform,
with real and truthful personal data and undertakes that any such data will be
kept up to date for the entire term of these TOS. Accordingly, Buzzoole shall
not be liable for any damage or loss which is or might be caused by a failure in
updating the data from the User (i.e. the failure of receiving communications
because of an old email address).

3.2 The Content Creator acknowledges and accepts that registration on the
Platform takes place using their Social Media Account and that Buzzoole, at the
time of the creation of the Buzzoole Account, acquires and can acquire from the
Social Media Account chosen from time to time only the data for which the User
has given access. In addition, the Content Creator may choose to link multiple
social accounts of which he or she is the owner, authorizing Buzzoole to access
the related information contained therein, for the purpose of taking advantage
of the Platform Services, as further specified in 3.4 below.

3.3 Buzzoole will process personal data exclusively for the purposes set out in
the privacy policy in accordance with article 13 of the GDPR and in compliance
with the consents given during registration. At any time, the User may modify
the consents or, exercise rights, by writing to the contacts communicated by
Buzzoole.

3.4 In order to achieve increased utilization of the Services, so as defined in
the below Article 5, Buzzoole shall develop "influencer profile" of the Content
Creator, which is obtainable by measuring their degree of "influence" concerning
certain topics, also through algorithms in use in the Platform (hereinafter the
"Profile"). The measurement and collection of personal data necessary for the
creation of the Profile will be made on each social media whose the relevant
Social Media Account has been linked to the Buzzoole Account of the Platform, in
compliance with the provisions of Article 3.2 above. The Profile, thus
elaborated, will allow the User to use the services offered through the
Platform. Particularly, the Content Creator authorizes that during the
registration and creation of the Profile, that Buzzoole will access the
information contained within its social profiles that it decides to link to the
collection of this information is necessary to integrate the main Profile and to
detect the influence and the audience. The terms and conditions of the
processing of such data, as well as the type of authorizations requested, are
accurately described in the Privacy Policy that is accepted at the moment of the
registration and which can be consulted at any time in the Platform.

3.5 The Brand, in turn, may, through the Platform, view Content Creators. Please
refer to the specific contractual terms and conditions for additional services
reserved for Brands.

3.6 Buzzoole reserves the right to include the User's name or pseudonym in the
list of Users of its Buzzoole’s portfolio and/or in the marketing material,
either on printed paper or on electronic format.


4. Agreement Duration and Termination

4.1 The subscription to the Platform is understood to be for an indefinite
period of time, without prejudice to the User's possible unsubscription, which
can be done: i) in the case of Content Creator, through the unsubscribe
features, present within the Platform and in the restricted area; ii) in the
case of Brand, by sending a communication to the e-mail address
dpo@buzzoole.com.
4.2 If the notice is served during an ongoing influencer marketing campaign in
which the User is participating, then the termination of this Agreement will be
effective from the end of such influencer marketing campaign or, in any case,
subject to the conditions for the withdrawal from it, as indicated in the
campaign terms ( hereinafter "TOC") specific to each campaign and the relevant
Brief, as defined in the TOC, to which full reference is made.


5. Services

5.1 Pursuant to the terms of these TOS, Buzzoole undertakes to render to the
Content Creator the following Services:

5.1.1 access to, and use of, the Platform to the User for the creation and
development of their own Buzzoole Account and management of the relevant
internal and reserved area;
5.1.2 creation and development of the Profile through the Buzzoole application,
accessible only through the Platform and subject to the connection to the Social
Media Account selected and authorized from time to time by the User;
5.1.3 proposal and promotion of the User’s Profile to Brand, as well as to all
other parties who would request the same services from Buzzoole (by way of
example, agency clients and various users) , who may select the promoted Content
Creator for the creation and management of their influencer marketing campaigns,
in compliance with the campaign terms outlined in the relevant Brief and the
TOCs;
5.1.4 creation of the Brand profile.


6. Cost of the Services

6.1 The Services provided by Buzzoole and regulated in this Agreement are
provided free of charge, and the User is not subject to the payment of any
commission for the provision of such Services nor for the use of the Platform.
6.2 All costs relating to devices, software, hardware and internet connection
necessary to access the Platform are the sole responsibility of the User.


7. Warranties and Limitations of Liability

7.1 Buzzoole will put every reasonable effort to provide the User with
continuous access, without interruption, to the contents and Services offered
through the Platform but shall not, under any circumstances, be held responsible
if one or more of the Services or contents may be temporarily inaccessible to
the Content Creator. By way of example, Buzzoole shall not be liable for any
interruption of the services occurring by reason of force majeure or
malfunctioning of services due to telephone lines or electricity networks
failure, either national or international.
7.2 Furthermore, Buzzoole, subject to the limitations set forth in the Article
1229 of the Civil Code, shall not be held responsible for any potential damage
suffered, directly or indirectly, by the User or by third parties arising from
or connected to the use of the Platform.
7.3 Buzzoole is also not responsible for the verification of data, news,
information, and, in general, for the content of the material distributed
through the Platform, the reliability and security of such content and
widespread links by third parties and for the use of such data and content by
the User. Particularly, the User is, and shall be, solely and exclusively
responsible for the use of data, news, information, and any material and content
distributed through the Platform.


8. Use of the Platform – Invitation to Participate in the Campaign

8.1 The registration on the Platform does not give any right to participate in
the influencer marketing campaigns managed by Buzzoole (hereinafter "Campaign"
or "Campaigns"); it will be Buzzoole that, at their sole discretion, will offer
the Content Creator to the Brand, as well as to all other parties who would
request the same services from Buzzoole (by way of example, agency clients and
various users) depending on the type of campaign commissioned, the engagement in
a Campaign to run through the Platform. The Content Creators will be
automatically selected by Buzzoole based on the type of their Profile and
proposed to the Brand as well as to all other entities that would require the
same services as Buzzoole , who will be asked to confirm Buzzoole's interest as
to whether engaging the proposed Content Creator or not.
The Content Creator is aware that each Campaign will be governed by specific
TOCs and by the specific rules indicated in the Brief. If the terms of the Brief
and the TOC should be conflicting with this TOS, then the Brief and the TOC will
prevail over this TOS.


9. Intellectual Property

9.1 The Content Creator acknowledges and confirms that Buzzoole owns all the
intellectual property rights of each component of the Platform (e.g. text,
images, videos, software, etc.) made available to the User. . To this extent,
the Content Creator declares to be not entitled to claim for rights on, or in,
patents, copyrights, databases, trade secrets, trade names, registered
trademarks (registered or not yet registered) or in any case for any other right
or license relating to the Platform.


10. Governing Law and Jurisdiction

10.1 These TOS shall be governed by and construed in accordance with the laws of
Italy.
10.2 If any undertaking or other provision in these TOS shall be held to be
illegal or unenforceable in whole or in part under any enactment or rule of law,
such undertaking or other provision or part thereof shall, to that extent, be
deemed not to form part of this TOS but the enforceability of the remainder of
the undertakings and other provisions of this TOS shall not be affected;
These TOS are to be deemed as a courtesy translation to English of the original
TOS in Italian. In case of any conflict between this version and the TOS in
Italian, the latter shall prevail.
10.3 Any dispute relating to the validity, effectiveness, interpretation or
execution of the TOS or otherwise related or connected thereto shall be
submitted to the exclusive jurisdiction of the Court of Naples.



BUZZOOLE PRIVACY POLICY

Privacy policy on the processing of personal data pursuant to Art. 13 GDPR


The following privacy policy is provided pursuant to Article 13 of the EU
Regulation 2016/679 ("GDPR") and Legislative Decree 196/2003 and subsequent
amendments and additions, ("Privacy Code"), which guarantee the protection of
personal data, as well as the free movement of the same, and is intended to
illustrate the processing methods and categories of personal data concerning the
data subjects ("Users") who interact with the website https://buzzoole.com/
(hereinafter, the "Website").

This data will be processed by Buzzoole S.p.A., with registered office at Via
Vannella Gaetani 27, 80121 Naples (NA), in its role as Data Controller
(hereinafter referred to as 'Buzzoole' or 'Data Controller'), which can be
contacted at the following address: customercare@buzzoole.com.

According to the above-mentioned legislation, your personal data’s processing
will be based on the principles of correctness, lawfulness, relevance,
transparency and protection of your privacy and rights.


1. Categories of personal data processed.
Browsing data: the Data Controller will process the User's browsing data on the
Website (e.g. IP addresses, domain names of the devices used by the Users who
connect to the Website), since the computer systems and software procedures used
to operate this site acquire, during their normal operation, some personal data
whose transmission is implicit in the use of Internet communication protocols.
This information is not collected to be associated with identified data
subjects, but by its very nature could, through processing and association with
data held by third parties, allow the identification of Users.

This data is used for the sole purpose of obtaining anonymous statistical
information on the use of the Website and to check its correct functioning, and
is deleted immediately after processing. The data could be used to ascertain
responsibility in the event of hypothetical computer crimes to the detriment of
the Website.

Data voluntarily provided by the User: the Data Controller will process the
User's personal data that have been voluntarily provided by the User through the
following ways:


 * filling in the contact form, specifically set up on the Website in the
   "Contact Us" section, at the following URL
   (https://buzzoole.com/solutions/buzzoole-suite), as well as in the section
   specifically managed for brand and creator requests at the following URL
   (https://buzzoole.com/page/contact) where the Data Controller will acquire
   common personal data (such as: first name, surname, e-mail address), and any
   other data that the User will communicate, on his/her own initiative, by
   means of the contact tool made available by the Website.
   
   The provision of such data is absolutely optional, but refusal to provide it
   may make it impossible to receive a reply to the information requested.


 * filling in the “Download resources” form at the following URL
   https://buzzoole.com/page/resources) where the Data Controller will acquire
   common personal data (first name, surname, e-mail address, type of company)
   in order to enable the User to receive the requested content on the Website.
   
   The provision of such data is absolutely optional, but refusal to provide it
   may result in the impossibility of receiving the requested content.


 * filling in the form for subscribing to the Data Controller's newsletter at
   the following URL (https://buzzoole.com/newsletter/it) where the Data
   Controller will collect common personal data (name, surname, e-mail address
   and company type).
   
   The provision of such data is absolutely optional, but refusal to provide it
   may result in the impossibility of receiving the requested content.


 * in the event of registration to the Platform and request for services offered
   by Buzzoole, after filling in the registration form on the Website, the Data
   Controller will acquire the data differently depending on whether the User
   can be classified as a Brand or a Content Creator. In regard of this
   processing, please refer to the relevant privacy policy.


2. Purpose and legal basis of data processing.
The Data Controller will process your personal data for the following purposes:


 * a. to enable the normal functioning of the Website and the proper provision
   of the service for which it is intended, as well as for the possible defence
   of the Data Controller in court, in the event, for example, of hypothetical
   offences committed to the detriment of the Website.
 * b. for the provision of the service requested by filling in the different
   contact forms for requesting information, subscribing to the newsletter and
   receiving content, present on the Website by the User. In this case, the
   legal basis identified is the performance of a contract to which the data
   subject is party and/or of pre-contractual measures taken at the data
   subject's request (Art. 6 (1) (b) of the GDPR).



3. Rights of data subjects

We inform you that, in accordance with current regulations, you are granted the
following rights:


 * to request and obtain information about the existence of your data in the
   availability of the Data Controller, as well as access to such data;
 * to request and obtain the amendment and/or correction of your personal data
   if you believe that they are inaccurate or incomplete;
 * to request and obtain the deletion of your personal data and/or the
   restriction of their processing, if they are no longer necessary for the
   processing purposes pursued, and once the retention period indicated in the
   previous paragraph has expired;
 * for data processed by automated systems, request and obtain such data in a
   structured, machine-readable format, as well as transfer to another Data
   controller.

More specifically, you are granted the rights set forth in the following
articles of the GDPR: 15 (Data subject's right of access); 16 (Right of
rectification); 17 (Right to erasure - «right to be forgotten»); 18 (Right to
restriction of processing); 20 (Right to data portability); 21 (Right to
object); 22 (Automated decision making concerning natural persons, including
profiling).

These rights may be exercised, in the manner, under the conditions and within
the limits set out in Articles 12 and 23 of the GDPR, by writing to the Data
Controller at the following address: customercare@buzzoole.com

We also inform you that in accordance with the regulations in force, you may
lodge any complaints regarding the processing of your personal data with the
Garante per la protezione dei dati personali (GPDP).

4. Data retention period.
Your data will be kept by the Data Controller for the period strictly necessary
to achieve the purposes described above. In particular, the retention times for
each purpose are indicated below:


 * a. in relation to the purpose referred to in point a), for the proper
   functioning of the Website, the Data Controller will retain your data for 30
   days.
 * b. in relation to the purpose set out in point b), for the provision of the
   services requested from Buzzoole, the Data Controller will retain your data
   for as long as necessary for the execution of your request and until you
   unsubscribe from the requested service and, in any event, for a period not
   exceeding 10 years.



5. Means of processing and recipients of personal data.

We inform you that your data will be processed by the support of electronic
means.

The data collected in this way will be processed for the above-mentioned
purposes and may be communicated to persons appointed as Data Processors or
Authorized Persons to Process, who are in charge of carrying out the
above-mentioned processing activities, subject to appropriate instruction by the
Data Controller.

The data may also be communicated to third parties, appointed as Data
Processors, which the Data Controller uses to carry out the aforementioned
activities. The list of Data Processors is available from the Data Controller
and can be requested by contacting the following address:
customercare@buzzoole.com.


6. Communication to countries outside the European Economic Area ('EEA').
Data processed in the manner and for the purposes mentioned above will not be
disclosed to countries located outside the European Economic Area ("EEA").


7. Cookie
Cookies are packets of information sent by a web server (e.g. the Site) to the
User's Internet browser, automatically stored on the User's computer and
automatically sent back to the server each time the User accesses the Website.
You can restrict or disable the use of cookies through your browser, although in
this case, some features of the Websites may become inaccessible.

For further information, please read the specific Cookie Policy .


8. Data Protection Officer.
The Company has also designated, pursuant to Article 37 GDPR, a Data Protection
Officer (“Data Protection Officer”, hereinafter “DPO”).

The DPO can be contacted at the appropriate e-mail address: DPO@buzzoole.com.

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NOTICE

We and selected third parties collect personal information and use cookies or
similar technologies for technical purposes and, with your consent, for other
purposes as specified in the cookie policy.

You can freely give, deny, or withdraw your consent at any time by accessing the
preferences panel. Denying consent may make related features unavailable.

In case of sale of your personal information, you may opt out by using the link
"Do Not Sell My Personal Information".



To find out more about the categories of personal information collected and the
purposes for which such information will be used, please refer to our privacy
policy.



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