Last updated and effective as of July 19, 2024
Acorn Influence, LLC ("Acorn", "Company" or "We") understands the importance of privacy and accordingly, treats all information we receive in a responsible manner through compliance with this policy ("Privacy Policy"). This Privacy Policy governs the manner in which Acorn collects, uses, and discloses information collected from users (each, a "User" or "You") of our website (http://www.acorninfluence.com) (the "Website") and our platform and its services found thereon (the "Platform"). This Privacy Policy applies to the Website, the Platform and any email, text and other communications between You and Acorn. Please review this Privacy Policy before accessing and using our Website and the Platform.
By accessing and using the Website and the Platform, or by otherwise providing us with Your Personal Information (as defined below), You acknowledge that You understand our Privacy Policy and expressly consent to our collection, use and disclosure of Your Personal Information in accordance with this Privacy Policy. If You do not agree to the terms of this Privacy Policy, please do not use the Website or the Platform. This Privacy Policy may change from time to time (see "Modification of This Privacy Policy"). Your continued use of this Website or Platform after we make changes is deemed to be acceptance of those changes, so please periodically check the Privacy Policy for updates.
INFORMATION COLLECTED BY US
We collect several types of information from and about Users of our Website and the Platform, including the following information:
Personal Information
Personal information is data that can be used to identify or contact You personally, including, but not limited to, User's name, address, email address, phone number or demographic information ("Personal Information" or "personally identifiable information"). Acorn may collect Personal Information from Users in a variety of ways, including, but not limited to, when Users access or use our Website or the Platform, register with Acorn, fill out a form, respond to a survey, correspond with Acorn, and in connection with other activities, services, features or resources we make available on our Website or through our Platform. If You elect to link Your account with a social media site, Your User information and other content for that social media account may also be collected. It is always Your choice whether or not to provide Personal Information. If You choose not to provide requested Personal Information, You may not be able to participate in certain activities or use certain features of the Website or the Platform.
Technical Information
We may also collect and use technical data and related information, such as information about Your device, system and application software, peripherals and other data related to Your interactions with the Platform ("Technical Information"). We may automatically collect Technical Information through cookies, web beacons or clear pixels and log files. The information we collect from these technologies may include, but is not limited to, Your browser or device type, IP address or other numeric codes used to identify a computer or mobile device, operating system, internet service provider, the referring web page, the time, frequency and duration of use, and the page You request. Acorn does not consider this information to be personally identifiable information.
· Cookies: A cookie is a small data file placed on the hard drive of a User's computer. Most browsers now automatically accept cookies by default, but they can also be set so that all or some cookies are rejected automatically or accepted or rejected on a case-by-case basis at the User's option. If User does not wish to have cookies placed on User's computer or wishes to be notified when they are placed, User may set User's browser to reject cookies or notify User of their use. If a User has chosen to disable cookies on his or her browser, some of the functionality of the Website or Platform may be lost. Certain services provided by Acorn require that cookies be enabled in a User's browser and cannot be used when cookies are disabled.
· Web beacons or clear pixels: Web beacons are small graphic images on a web page or in an email that can be used for such things as recording the pages and advertisements that Users select, or tracking the performance of email marketing campaigns.
· Log Files: Log files are records of activity created by the computer that delivers the webpages requested by the User's browser. For example, log files may record search terms or the link clicked to bring a User to a webpage. Log files also may record information about a User's browser, such as Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, and pages viewed. Acorn does not attribute the website demands stored in the log file to specific individual Users.
· Device information: We may collect information about the mobile device or computer used to access the Website or Platform, including without limitation the hardware model, operating system and version, browser type, unique device identifies and mobile network information.
· Analytics tools: We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Website and the Platform. These tools collect information sent by Your browser or mobile device, including, without limitation, information such as how often Users visit this site, what pages Users visit when they do so, and what other sites Users used prior to coming to this site. We use this information to analyze, maintain and improve the Website and Platform. One such provider is Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help analyze how users use the Platform. The information generated by these cookies about your use (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Platform, compiling reports on activity for its staff, and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings in your browser. By using the Platform and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to the currently available opt-outs for Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/.
Third Party Information
We may also collect information about You from third parties and from publicly available sources. For example, we may receive information about You through social media APIs or otherwise (e.g. Facebook, Twitter, Instagram, Pinterest and others). The data we receive is dependent upon Your privacy settings with the social network. You should always review, and if necessary, adjust Your privacy settings on third-party websites and services before linking or connecting them to our Website or Platform.
INFORMATION YOU VOLUNTARILY DISCLOSE PUBLICLY
Certain features of the Platform are designed to publicly display or publish information that You choose to provide to other Users of the Platform or to other third parties. Public information will include the User's public profile and contain first name, last name, photo, bio, gender and country. The details a User provides here will be visible to registered advertisers and agencies to the Platform.
Within the Platform, Acorn also offers Influencers the opportunity to present information about their audience to prospective advertisers and agencies. Acorn displays the profile of the audience that was provided by the Influencer within the Platform. The audience profile shows the URL address, blog name, audience description, number of members, member gender, member age, member location, categories and policies. These are visible to any advertiser and agency registered to the Platform.
USE OF INFORMATION COLLECTED BY US
Acorn may use information we collect about You or that You provide to us, including any Personal Information, for the following purposes: (1) to operate, maintain and improve our Website and Platform; (2) to provide You with information, products or services that You request from us; (3) to process Your registration with the Website or Platform; (4) to communicate with You regarding campaigns, information, Your account, features, products, services, or offers that we believe may be of interest to You; (5) to respond to Your questions or other requests; (6) to provide software updates, product support, product enhancements and other services to You related to the Website or Platform; (7) to process any payments or changes to Your account information; (8) to conduct user surveys; (9) to understand how our Users use the services and resources provided on our Website and Platform; (10) to contact You regarding a sweepstakes, contest or promotion in which You have participated; (11) for internal business purposes; and (12) for any other purposes disclosed in this Privacy Policy at the time You provide Your information.
SHARING YOUR INFORMATION WITH THIRD PARTIES
We do not rent, sell, share or otherwise disclose Your Personal Information to third parties or non-affiliated companies without Your consent, except in accordance with this Privacy Policy, including in the following circumstances: (i) to comply with a legal requirement, judicial proceeding, court order, or legal process served on us, (ii) to investigate, prevent, or take action regarding suspected or actual illegal activities on or through the Website or Platform such as fraud, identity theft, violations of Terms of Use, or infringement of intellectual property rights; (iii) in connection with a sale, purchase, merger, joint venture, reorganization, liquidation or dissolution of us; (iv) when we believe it is necessary to protect the rights, property, or safety of it or other persons; or (v) as otherwise required or permitted by law.
We may share Personal Information with (i) third-party vendors, consultants and other service providers that perform services on our behalf, which may include hosting services, or providing analytics services; [(ii) with third parties who advertise their products and services on the Website or other third-parties who conducts contests or sweepstakes or who may otherwise wish to send You information about their products and services. For example, Acorn may offer a discount or contest in conjunction with a co-sponsor that may have special offers or promotions that might be of interest to a User. In such a case, a User's Personal Information may be shared with the co-sponsor and their use of such User's Personal Information will be governed by their privacy policy.]
We may also use and share aggregated, non-personal information with third-parties, such as demographic information; the number of users who searched for a particular term or clicked on a particular advertisement; to better understand how Users engage with the content we are involved with, and to assess, improve, and quantify the response to such content. As stated earlier, such aggregated, non-personal information does not identify you individually.
Additionally, Your information may be shared with other Users of the Platform, as needed to provide You our services under the Platform. For example, when an Advertiser creates or sends a message, the Advertiser's first name, last name and company will be visible to selected Influencers who respond to the campaign. When an Influencer receives a message from an Advertiser and accepts the campaign, their blog name and link, URL, first name, last name and social media accounts will be visible to Advertiser.
YOUR RIGHTS AND CHOICES FOR YOUR ACCOUNT INFORMATION AND PERSONAL INFORMATION
When You sign up for a particular service that requires registration, we ask You to provide Personal Information. If we wish use this information in a manner different than the purpose for which it was collected, then we will ask for Your consent prior to such use. If we propose to use Personal Information for any purposes other than those described in this Privacy Policy and/or in the specific privacy notices, we will offer You an effective way to opt out of the use of Personal Information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy and/or in the supplementary privacy notices, unless we have obtained Your prior consent.
Users may unsubscribe from commercial communications from Acorn by sending a request to info@acorninfluence.com. Users can edit their User account information at any time and/or request their User account to be deleted at any time by contacting info@acorninfluence.com; however, please note that your User identification, billing and contact information may remain in Acorn's records for some period after the deletion.
If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Platform or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personal information from your device without your knowledge.
With respect to "do not track" (a/k/a "DNT") signals or similar mechanisms transmitted by web browsers, the Platform does not respond to or honor such signals or mechanisms.
THIRD-PARTY WEBSITES
This Privacy Policy applies to Acorn's Website and Platform only. The Website and Platform may contain links to websites and services of various third-parties, including our partners, suppliers, advertisers, sponsors, licensors and other third-parties, each of which has its own separate privacy and data collection practices. We do not control, recommend or endorse and are not responsible for these third-party websites or their content, products, services, privacy policies or data collection practices. These linked sites are for Your convenience and You access such third-party websites or content at Your own risk.
Acorn utilizes YouTube API Service and by linking your YouTube account to the Platform, you expressly acknowledge that You will be subject to the Google Privacy Policy (available at http://www.google.com/policies/privacy ). You have the right and ability to delete your stored data and revoke Acorn’s access to Your data. This can be done via the Google security setting page (https://security.google.com/settings/). Please refer to the Google Privacy Policy (available at http://www.google.com/policies/privacy) for more information regarding the deletion of data.
Acorn utilizes the Meta Platform by linking your Meta account(s) (Facebook and/or Instagram), you expressly acknowledge that you will be subject to the Meta Privacy Policy (available at www.facebook.com/privacy/
PROTECTION OF PERSONAL INFORMATION
We recognize the trust that our customers put in us to protect their Personal Information. We take that responsibility seriously and maintain reasonable and appropriate measures and safeguards to help protect User's Personal Information. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect User's Personal Information, no security system is impenetrable and we cannot guarantee or promise that such information will remain secure at all times.
CHILDREN AND PRIVACY
Our Website and Platform are not intended for children and we will not request personally identifiable information from anyone who we know to be under the age of 18, unless we have obtained verifiable parental consent from a parent or guardian. We do not knowingly collect personal information from children under 13. If You believe that we may have collected information from a child under the age of 13, please contact us at info@acorninfluence.com and we will remove the information.
CALIFORNIA "SHINE THE LIGHT"
Under California Civil Code Section 1798.83 ("Shine the Light"), California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at info@acorninfluence.com. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at info@acorninfluence.com, or by mail to Acorn Influence, LLC, 1011 SW A Street, Suite 209, Bentonville, AR 72712
NEVADA PRIVACY RIGHTS
If you are a Nevada resident, you have the right to request that we do not sell your covered information (as those terms are defined in N.R.S. 603A) that we have collected, or may collect, from you. If you would like to make such a request, you may do so by contacting us at info@acorninfluence.com.
ADDITIONAL EUROPEAN DISCLOSURES
IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
Legal Basis:
We will only use your personal data, as that term is defined under the General Data Protection Regulation ("GDPR"), when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
● Where we need to perform the contract we are about to enter into or have entered into with you.
● Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
● Where you have consented to a certain use of your personal data.
● Where we need to comply with a legal or regulatory obligation.
To the extent permitted under applicable laws, we will also process, transfer, disclose, and preserve personal data when we have a good faith belief that doing so is necessary.
Data controller:
Acorn is the data controller of all personal data collected through our Platform. To contact us, please see the section titled CONTACT US.
If you are situated in the EEA, Switzerland, or the UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance. If you have a complaint, please contact our privacy manager can be contacted here: info@acorninfluence.com.
Provision of personal data and failure to provide personal data:
Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.
Collection of personal data from third-party sources:
We may collect personal data about you through public sources. We may also obtain personal data and other information about you through our third-party partners who help us provide our products and services to you.
Withdrawing your consent:
If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us at info@acorninfluence.com.
Data Transfer:
We may transfer personal data from the EEA, Switzerland, and the UK to the USA and other countries, some of which have not been determined by the European Commission or the UK data protection authorities to have an adequate level of data protection. Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For more information about how we transfer your data, please contact us at info@acorninfluence.com.
Use of your personal data for marketing purposes:
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:
● Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have consented to our use of your personal data for marketing purposes.
Data Subject Rights:
If you are situated in the EEA, Switzerland, or the UK, under the GDPR, as a data subject, you have the right to:
● Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
● Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
● Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
● Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
● Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
● Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
● Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
To exercise your rights under the GDPR, please contact us at info@acorninfluence.com. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.
MODIFICATION OF THIS PRIVACY POLICY
Acorn may update this Privacy Policy at any time and from time to time in its sole discretion. When we do, we will update the date at the top of this page. User agrees that such modification shall be effective upon posting on the Website and User will be bound to any modifications when User uses the Platform after such modification is posted. It is thus important for Users to frequently check this page to ensure that Users stay informed of any updates to our Privacy Policy. Should a User not agree with the changes to the Privacy Policy, User's sole remedy shall be to close User's account and to cease using the Website and Platform.
CONTACT US
If User has any questions or suggestions regarding our Privacy Policy, please contact us at:
Acorn Influence, LLC
3301 Market Street
Suite 112
Rogers, AR 72758
Email: info@acorninfluence.com