OTELLA ADVOCACY CONTRACT (Last Updated May 10, 2024)

SPONSOR ADVOCACY PROGRAM TERMS 

 

1. To apply to become a collaborator (“Collaborator”) in the Sponsor Advocacy Program (the “Program”), you must be (i) a legal resident of the fifty (50) United States and the District of Columbia, who is (ii) eighteen (18) years of age or older, or the age of majority in your jurisdiction, whichever is greater, at the time of entry, and (iii) is legally permitted to work in the United States. Your eligibility to participate in the Program is conditioned upon receipt of an invitation directly from Sponsor to apply for the Program as described further below. The sponsor of the Program is Grace Beauty, LLC d/b/a Otella (“Sponsor”).
2. How to Apply. To apply, you must review these Terms and confirm via email (or as otherwise directed by Sponsor) that you understand, and agree to, the requirements of the Program. You will then be asked to provide information that we need to administer the Program, which may include your name, date of birth, address (city and country), gender, email address, social media platforms and handles and other preferences (as applicable) (collectively, the “Applicant Information”). By submitting such information and consenting and agreeing to the Terms, you hereby represent and warrant that all information provided is true and correct, and does not contain any misstatement or omission of material fact. Sponsor shall have no obligation or liability with respect to the Application Information, and you hereby agree to indemnify and hold Sponsor harmless for any damages incurred in connection with the same, whether asserted by Sponsor or a third party.

 

BY APPLYING FOR AND/OR PARTICIPATING AS A COLLABORATOR IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

 

Each applicant represents and warrants that his/her application for the Program (or the submission of any photographs, videos, essays, or other content in connection therewith) is true and accurate and does not conflict with any existing commitment on applicant’s part or violate any third party rights and/or agreements. APPLICATION FOR THE PROGRAM ONLY PROVIDES AN OPPORTUNITY FOR APPLICANTS TO BE CONSIDERED FOR PARTICIPATION IN THE PROGRAM AS A COLLABORATOR. THERE IS NO GUARANTEE THAT APPLICANT WILL BE SELECTED TO BE A COLLABORATOR IN THE PROGRAM. MEMBERSHIP IS LIMITED.

3. Selection of Applicants. IF YOU ARE SELECTED TO BE A COLLABORATOR IN THE PROGRAM, YOU WILL BE CONTACTED BY SPONSOR VIA EMAIL AND/OR DIRECT MESSAGE ON SOCIAL MEDIA (TO THE EXTENT PERMITTED) AND MAY BE REQUIRED TO AGREE TO ANY OTHER AGREEMENTS, FORMS AND OTHER DOCUMENTS PROVIDED BY SPONSOR IN SPONSOR’S SOLE DISCRETION (COLLECTIVELY, “MEMBERSHIP AGREEMENTS”). YOU MAY BE REQUIRED TO PARTICIPATE IN CERTAIN ACTIVITIES ASSOCIATED WITH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, POSTING ON SOCIAL MEDIA, BLOGGING, SHARING CONTENT, WRITING REVIEWS, AND/OR TWEETING AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION. All decisions with respect to selection to and participation in the Program are in the sole and absolute discretion of Sponsor, and nothing shall obligate Sponsor or the Released Parties (as hereinafter defined) to include any applicant in the Program or make use of any of the rights set forth herein.
4. Notification and Acceptance. Applicants will be notified in writing, in accordance with Section 3 hereof, of their selection as a Collaborator by Sponsor. Sponsor may rescind any such selection or notification at any time, and/or terminate any Collaborator’s participation in the Program at any time, with or without cause. Collaborator may also terminate his/her participation in the Program at any time. Upon any termination of a Collaborator’s participation in the Program, Collaborator will immediately cease use of, and remove from any Collaborator social media or online channels, any and all content provided by Sponsor to Collaborator.
5. Content Guidelines and/or Restrictions.

 

(a)        Sponsor will reject applications if Sponsor determines (in its sole discretion) that any applicant’s application and/or social media platform presence is unsuitable or inappropriate for any reason. If an applicant is selected as a Collaborator, Collaborator may post comments, tweets, photos, pictures, images, videos, materials and other content in the course of Collaborator’s participation in the Program (“Collaborator Content”), subject in all cases to Sponsor’s guidelines and the requirements and community guidelines of each social media platform (as further defined below, the “Content Guidelines”). Collaborator represents and warrants that the Collaborator Content shall comply with the Content Guidelines set forth below:

 

(i)        Collaborator Content must not be defamatory, abusive, obscene, profane or offensive and must not in any way disparage or criticize Sponsor or any other person or party;

(ii)       Collaborator Content must not infringe or violate another party’s intellectual property rights (such as music, videos, photos or other materials for which Collaborator does not have written authority from the owner of such materials);

(iii)      Collaborator Content must not include celebrities or violate any party’s right of publicity or right of privacy;

(iv)      Collaborator Content must not be threatening, harassing or promote racism, bigotry, hatred or physical harm of any kind against any group or individual or promote or encourage violence or illegal activities;

(v)       Collaborator Content must not be inaccurate, false or misleading in any way, and Collaborator may not post performance claims about Company’s products and/or services unless authorized in writing by Sponsor;

(vi)      Collaborator Content must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Collaborator Content is created;

(vii)     Collaborator Content must be posted with appropriate, clear and conspicuous disclosures as required by the FTC Guides and/or any analogous laws, rules and/or regulations in accordance with Section 7 below; and

(viii)    All Collaborator Content shall clearly identify the Brand by stating its name, tagging its official social media accounts and using all Brand hashtags.

 

(b)       Sponsor shall have the unrestricted right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Collaborator Content. This usage shall extend to all social media platforms, including, but not limited to, social media channels, websites, advertisements, print materials, and any other marketing or promotional materials, both online and offline. To the extent that all or any portion of the Collaborator Content is owned by you, you hereby grant to Sponsor an exclusive license to use, produce, display and otherwise promote the Collaborator Content (including any Applicant Information) in connection with the products and services to be provided hereunder. You understand that all promotions and products promoted in connection with the Program are subject to control by Sponsor. Collaborator assumes all responsibility for verifying that the Program materials used meet Sponsor’s approval and content guidelines. All use of the Collaborator Content (including any Applicant Information) shall inure to the benefit of Sponsor.

 

(c)        For the avoidance of doubt, Collaborator is solely responsible for the Collaborator Content, Applicant Information and any and all other materials that appear on Collaborator’s own social media or other online platforms and Sponsor disclaims all liability for such materials. If Sponsor accepts a Collaborator and thereafter determines in its sole discretion that Collaborator Content is unsuitable or inappropriate, Sponsor may suspend that Collaborator’s access to the Program and terminate these Terms at any time. Sponsor will have no responsibility or liability in relation to any termination or suspension of Collaborator’s access to the Program or these Terms including in relation to any claim suffered directly or indirectly by Collaborator or any other person. Sponsor has the right (but not the obligation) in its sole and absolute discretion to monitor Collaborator Content and Collaborator’s participation in the Program from time to time to ensure Collaborator is in compliance with the terms of these Terms. Sponsor may also require Collaborators to participate in periodic training programs to ensure compliance with these Terms.

 

(d)       Sponsor may request feedback from Collaborators from time to time regarding Sponsor’s products/services. Sponsor shall exclusively own all rights in and to any such feedback. Further, Collaborator understands and agrees that other Collaborators may submit feedback that may be similar in idea or concept to what is included in Collaborator’s feedback. Collaborator understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out of any such similarity or be entitled to any compensation for feedback provided.

 

(e)        Collaborator must not send any unsolicited commercial electronic messages or spam of any type (whether by telephone call, SMS, MMS or other means of mobile text message, facsimile, email or any other means) as part of its participation in the Program.

 

6. Grant of Rights.

 

(a)        By participating in the Program and posting Collaborator Content, Collaborator grants Sponsor and Sponsor’s licensees, designees and assigns a royalty-free license to use and post such Collaborator Content, throughout the world, in perpetuity, for any legal purpose whatsoever, in any media now known or hereafter invented, including without limitation on Sponsor’s and Sponsor’s licensees, designees, and assigns, social media and digital channels. For the avoidance of doubt, Sponsor shall have no obligation upon termination of a Collaborator’s participation in the Program to remove, delete or scrub any Collaborator Content from any social media channels. Collaborator agrees that participation in the Program means Sponsor can use Collaborator’s name, voice, likeness, photograph, social media handle or channel/blog name and any other Collaborator attributes (collectively, “Collaborator Attributes”) in any manner that Sponsor determines supports the purposes of these Terms, and further may record and capture the Collaborator Attributes in connection with Collaborator’s attendance at Program-related events and use such Collaborator Attributes in accordance with these Terms without further consent from Collaborator (except where prohibited by law), including use in any media now known or hereafter invented, including without limitation, any and all Internet media throughout the world in perpetuity. Notwithstanding the foregoing, Collaborator agrees to execute any additional documents required by Sponsor or its affiliates in connection with Collaborator’s attendance at Program-related events, including without limitation a publicity and/or liability release. For the avoidance of doubt, except for the limited licenses granted under these Terms, nothing in these Terms will license or convey to anyone, including any Collaborator, any of Sponsor’s intellectual property or proprietary rights.

 

(b)       Moral Rights. Collaborator irrevocably waives any and all Moral Rights they have in each copyright work or such other subject matter comprised in the Collaborator Content and consents to Sponsor doing or failing to do any act in relation to those works that may, except for this Section 6(b), infringe their Moral Rights in the works including:

 

(i)        exercising any of the rights in the works without identifying them;

(ii)       exercising any of the rights in the works in a manner which incorrectly attributes any work created by them or their performance to someone else;

(iii)      editing, deleting from or otherwise altering the works in any manner determined by Sponsor as contemplated by these Terms.

 

7. Disclosure. Collaborators may enjoy special benefits, rewards and other perks from Sponsor as part of their participation in the Program for example, by testing products or services for Sponsor, which may be kept by Collaborator as a free gift; provided, that, in no event will Sponsor be obligated to provide such benefits, rewards or perks. For the avoidance of doubt, Collaborators will not receive monetary payment or other compensation for participation in the Program. Sponsor believes in full, fair and effective disclosures of material facts relating to Collaborator’s relationship with Sponsor in accordance with the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising (“FTC Guides”) and any similar laws, rules and/or regulations in any country where the Program is offered. As such, when posting about Sponsor or its products and services, Collaborator must clearly and conspicuously disclose Collaborator’s “material connection” to Sponsor and include any hashtags that are required by the FTC Guides, any similar or analogous laws, rules or regulations or as otherwise directed by Sponsor. All such disclosures must be made prominently and adjacent to each post or piece of Content that triggers disclosure and must be in an easy-to-understand wording and typeface. The disclosure must be immediately visible to anyone who views the applicable post on the applicable platform. It is expressly understood that Sponsor may (without limiting any Collaborator’s obligations) be permitted to opine about recommendations and options for such disclosures provided that, without limiting Collaborator’s obligations hereunder, in the event of any disagreement between Collaborator and Sponsor with respect to the form of any such disclosures, Sponsor’s decision shall be final. Sponsor’s right to approve any such disclosures as otherwise provided for under these Terms shall not relieve any Collaborator of his or her obligations hereunder.

 

8. Unless authorized in writing by Sponsor, Collaborator agrees to hold all Confidential Information in strict confidence, not to disclose Confidential Information to any third parties, and to use Confidential Information solely for the purpose of fulfilling its obligations under this Agreement. “Confidential Information” shall mean all information, excluding information available from the public domain, disclosed by Sponsor to Collaborator related to this Agreement or the current, future, and proposed business, products, and services of Sponsor, including without limitation any attributes or information about products provided by Sponsor to Collaborator for testing. Collaborator expressly agrees not include any test products in any Collaborator Content, to make samples of test products available to anyone for any reason other than Sponsor, or to describe or discuss the test products with anyone other than Sponsor, unless otherwise authorized in writing by Sponsor. Collaborator must, at the Sponsor’s request return, erase, destroy or procure the return, erasure or destruction (as applicable) of all copies of Sponsor’s Confidential Information in its possession or control. Sponsor will be entitled to seek injunctive relief for any breach or threatened breach of Collaborator’s obligations of confidentiality.
9. Representations and Warranties. By participating in the Program, Collaborator represents and warrants that: (i) the Collaborator Content and the Collaborator Attributes will be wholly original and will not infringe upon any copyright, patent, trademark, right of publicity or privacy, or any other proprietary or other right of any third party, whether contractual, statutory or common law; and (ii) Collaborator will not commit and has not committed any act which, as determined by Sponsor in its sole discretion, brings Collaborator or Sponsor into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Collaborator’s social media content or Sponsor’s advertising materials are directed, or which might tend to harm Sponsor or its products or services including, without limitation, disparaging Sponsor or its competitors; (iii) Collaborator’s statements, posts and feedback are true and accurately reflect Collaborator’s honest opinion and experience with Sponsor’s products and/or services to the extent applicable, (iv) Collaborator will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable third party web sites, platforms or applications, including by making any applicable disclosures in accordance with the FTC Endorsement and Testimonial Guidelines (“FTC Guides”) or any analogous rules in any jurisdiction where the Program is offered including without limitation the AANA Code and (v) Collaborator will comply with any product testing guidelines and/or feedback requirements provided by Sponsor; and (vi) Collaborator has not relied on any representation or warranties made by Sponsor which has not been stated expressly in these Terms.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SPONSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS, INFORMATION OR CONTENT PROVIDED BY SPONSOR, ALL OF WHICH IS PROVIDED “AS IS” AND THE WARRANTIES OF FITNESS, MERCHANTABILITY, AND SAFETY ARE EXPRESSLY DISCLAIMED. SPONSOR MAY DISCONTINUE THE PROGRAM OR ANY OF ITS FEATURES AT ANY TIME. SPONSOR DOES NOT WARRANT THAT THE PROGRAM, ANY SPONSOR WEBSITES OR SPONSOR CONTENT WILL CONTINUE TO BE PROVIDED OR WILL FUNCTION AS DESCRIBED, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.

10. Release and Indemnification. By submitting an application, each applicant and Collaborator agrees to release and hold harmless, to the maximum extent of applicable law, Sponsor and its parent company, subsidiaries, affiliates, and each of their respective partners, advertising and promotion agencies (collectively, “Released Parties”) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with preparation for, application to or acceptance by Program, and the performance of its duties hereunder, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Collaborator further agrees to release and hold harmless the Released Parties from and against any personal injury and/or death which may occur in connection with participation in the Program, including without limitation arising out of or related to Collaborator’s participation in product tests.

 

Further, each Collaborator shall indemnify, defend and hold harmless the Released Parties from and against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including reasonable attorneys’ fees, that is based upon or arises in connection with (i) any breach or alleged breach of Collaborator’s representations, warranties, covenants agreements, or obligations under this Agreement, (ii) Collaborator’s failure to comply with any applicable laws, including without limitation, Collaborator’s failure to make any required disclosures in accordance with the FTC Guides or any analogous rules or regulations in any jurisdictions where the Program is offered as provided herein, (iii) the use of any other information, materials or data provided by Collaborator, including without limitation any claims that the Collaborator Content infringes upon or violates the intellectual property rights of any other person or entity or violates any applicable laws or regulations or (iv) any actual or alleged wrongful or negligent act or omission by Collaborator in connection with the Program.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL SPONSOR BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPONSOR BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING $100.

11. Relationship of the Parties. Sponsor and each applicant or Collaborator are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Collaborators shall not make any statements that reasonably would contradict anything in this Section.
12. Severability; Waiver; Remedies. If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect the validity of any other part of these Terms. The Parties are obliged to replace any such invalid or unenforceable part of these Terms by such valid provision which comes closest to the economic purpose intended by such unenforceable or invalid provision. The failure of Sponsor to partially or fully exercise any rights or the waiver of Sponsor of any breach of these Terms by any applicant or Collaborator shall not prevent a subsequent exercise of such right by Sponsor or be deemed a waiver by Sponsor of any subsequent breach by any applicant or Collaborator of the same or any other term of these Terms. The rights and remedies of Sponsor under these Terms any other applicable agreement shall be cumulative, and the exercise of any such right or remedy shall not limit Sponsor’s right to exercise any other right or remedy. Collaborator must not assign any of its rights or novate any obligations under these Terms without the prior written consent of Sponsor.
13. Governing Law; Dispute Resolution; Arbitration: To the fullest extent permitted by applicable laws, the laws of the State of New Jersey shall govern these Terms. To the fullest extent permitted by applicable laws, while we will make reasonable efforts to resolve any disagreements you may have with Sponsor, if these efforts fail you agree that all claims, disputes or controversies against Sponsor arising out of these Terms (“Claims”) shall, to the extent permissible by law, be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Sponsor agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association Website:

http://www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO A JURY TRIAL, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

These Terms constitutes the entire agreement of the parties about its subject matter and any previous agreements, understandings and negotiations on that subject matter cease to have any effect.

 

Questions: Should you have any questions regarding these Terms you may contact us at marketing@otellacool.com

SPONSOR ADVOCACY PROGRAM PRIVACY STATEMENT

This Privacy Statement describes how Sponsor uses and discloses personal information about you in connection with the Program, and what privacy rights you have. This Privacy Statement is specific to the Program. In case of a conflict between other Sponsor privacy policies and this Privacy Statement in connection with the Program, this Privacy Statement prevails.

Personal information categories –

Sponsor collects online and offline (such as an on premise Advocate event) directly from you, and may obtain from third parties such as your friends, contacts or through social media posts, personal information about you in connection with the Program, such as:

• Your contact details (name, title, email address, etc.).
• Demographics (e.g., age, date of birth and gender).
• Shipping information (e.g., postal address).
• Blogging and social media information (e.g., platforms, social media handles, posts, blog name, video voice or photograph).
• Device and software data (e.g., device-ID, specific use data and patterns).
• Relationship data (for example, support requests, ratings and feedback).
• Other information requested on the application forms or enabling your participation in the Program, including your preferences and other interests.

Your provision of personal information to Sponsor is voluntary. However, if you do not provide such personal information, you may not be able to participate in the Program.

Purposes –

Sponsor may use your personal information for the following purposes:

• For your participation in the Program
• To consider your application and enable you to apply for the Program.
• To enable your participation in the Program.
• If applicable, to enable your participation in panels.
• If applicable, to send you surveys so that we can receive your feedback on our brand and the Program.
• To send you administrative communications in relation to the Program or Sponsor’s terms, such as changes in terms and conditions.
• To enable social media sharing features and follow your social media activity.
• To respond to your inquiries and requests, for example when you send Sponsor suggestions.
• To check compliance with the Sponsor Advocacy Program Terms.

Sponsor does this pursuant to its contractual relationship with you, including the performance of the Advocate Agreements.

• For marketing materials
• To send you marketing communications and offer other materials that Sponsor believes may be of interest to you, such as to send you newsletters and personalized offerings.
• To enable the posting of comments, posts and testimonies from or about you under the Program and other parts of Sponsor’s platforms.

Sponsor does this with your consent or where Sponsor has a legitimate interest.

• For service improvement
• To identify usage trends and content across the Program and other platforms. The information that Sponsor gains is used to further improve its services.

Sponsor does this where Sponsor has a legitimate interest.

• For Sponsor’s other business purposes
• To manage security and fraud (e.g., detect and prevent cyberattacks).
• To protect Sponsor’s rights and to defend against lawsuits.
• To share your personal information with a third party as part of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of business, assets or stock.
• To perform audits and monitor governance, for example by implementing internal audits, business analysis, controls and reporting.
• To respond to legal and regulatory duties, such as requests from public and government authorities.

Sponsor does this to comply with a legal obligation, or where Sponsor has a legitimate interest.

Disclosure –

Your personal information can be accessed by Sponsor’s staff to the extent that this access is required to enable them to perform their work. In addition, Sponsor discloses personal information to:

• Sponsor affiliates for the purposes described in this Privacy Statement.
• Third party service providers who facilitate the administration and execution of the Program.
• Other individuals with whom you elect to share your personal information including via social media.
• Public authorities and government authorities assigned with investigative powers.

If you choose to share personal information on third party platforms, such as social media, your personal information may be collected by those third parties, and not by Sponsor. Sponsor is not responsible for the privacy and security practices of such third parties, which are subject to their privacy policy, rather than this Privacy Statement.

Some features of the Program may allow you to invite or contact a friend, for example to share content with them. Please use this functionality responsibly, and refrain from sending requests to persons who may not reasonably expect to receive and consent to them.

Cookies –

The Program may use cookies and similar technologies. For more details, please refer to our Privacy Policy: 

https://otellacool.com/pages/privacy-policy

Retention –

Sponsor retains your personal information for as long as needed or permitted in light of the purposes for which it was obtained and consistent with applicable law. The criteria used to determine retention periods include:

• The length of time Sponsor has an on-going relationship with you and your participation in the Program.
• Whether there is a legal obligation to which Sponsor is subject (for example, certain laws requires keeping records of communications for a certain period of time).
• Whether retention is advisable in light of Sponsor’s legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

 

Your rights –

Consistent with applicable law, you may have the right to request to access, correct, delete, restrict or object to the use of your personal information, or to obtain an electronic copy of your personal information for purposes of transmitting it to another company. To do so, you may contact Sponsor at marketing@otellacool.com You may also be entitled to lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. Regarding deletion, please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some Advocate Content may have been reposted by others or included in marketing materials which have been generally distributed.