Terms of Service & Privacy Policy

Terms of Service & Privacy Policy

Updated 16/08/2021

Welcome to influenz-digital.com. The influenz-digital.com website (the “Site”) is comprised of various web pages operated by Influenz-Digital (“Influenz”). influenz-digital.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of influenz-digital.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Definitions

“Influencer” means an individual who has successfully registered for a free Influencer account on influenz-digital.com.

 “Brand” means an individual or business that has successfully signed up to use Influenz for promotion and/or collaboration with Influencer by way of a campaign facilitated by Influenz.

“Flag” means the process to be followed by Brands and Influencers when there are issues within a transaction and either party (or both parties) has alerted Influenz with the intention of resolving any issues.

“Payment” or “Payments” means a payment or prepayment has been made by a Brand to Influenz to use Influenz under any of the subscription plan offered by Influenz from time to time and for the period agreed between the Brand and Influenz for an influencer campaign facilitated by Influenz. Unless otherwise agreed, each subscription will be considered separate campaign. .

“Open Offer” refers to an open offer made by a Brand to all Influencers within the Influenz database that meet the criteria as established by the Brand.

“Pitch” refers to a custom, private offer made by a Brand to specific Influencers.

“Campaign” refers to the organizational structure of Open Offers and/or Pitches, including descriptions, created by Brands to organize all corresponding transactions with Influencers. A campaign is considered completed once a Brand marks the corresponding transactions as completed.

“Transaction” refers to a collaboration between a Brand and an Influencer following the acceptance of Open Offer and/or Pitch that includes the entire transaction flow facilitated by Influenz.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You must not use false or misleading information (including, but not limited to locality and someone else’s information and/or likeness) within your profile details. You acknowledge that Influenz is not responsible for third party access to your account that results from theft or misappropriation of your account. Each user (Brand, Influencer etc) is entitled to create a single Influenz account. We reserve the right to deactivate or delete duplicate accounts representing an individual.

As a user of Influenz (including brand, and influencer), you acknowledge, agree, and understand that: (i) you are not an employee of Influenz, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or any insurance); (ii) Influenz will not have any liability or obligations, including under or related to open offers, pitches, transactions and campaign details for any acts or omissions by you or other users; (iii) Unless otherwise specified, Influenz does not, in any way, supervise, direct, or control any influencer work; does not impose quality standards or a deadline for completion of any influencer work; and does not dictate the performance, methods or process the influencer uses to perform services.

Transactions within Campaigns

Influenz is a service that enables brands and influencers to collaborate on influencer marketing initiatives. Influenz will not be held liable for incomplete transactions, including loss of product value. Additionally, Influenz will not be held liable for perceived negative outcomes associated with reviews created by Influencers using the Influenz service. If an influencer fails to complete required work within the timeline included in the accepted offer or pitch, Influenz will provide available pertinent details to the offended party upon request to promote a resolution.

Brands and Influencers are required to adhere to the terms of the agreement specified within each transaction. This includes providing clear, concise communication in a timely manner to ensure both parties understand the progress of each transaction, up until the completion of the transaction. Influencers that do not complete the required work according to the open offer or pitch that has been accepted are subject to permanent removal from the Influenz network, at our sole discretion.

Brands and Influencers are expected to complete transactions using the  transaction flow facilitated by Influenz (within the platform) which includes open offer(s) or pitch(es), acceptance of open offer(s) or pitch(es) and use of the notification feature. Influenz is unable to provide support for transactions that occur off-platform or when user(s) utilize third party messaging services (such as Facebook Messenger, etc.) to facilitate the transaction. Any attempt to intentionally circumvent the Influenz platform may result in removal from the Influenz Platform at the sole discretion of Influenz.

Influenz reserves the right to suspend, refuse or cancel services if Influenz believes (in its sole discretion) that a Brand or Influencer is not using the Influenz platform in a fair and reasonable way, or consistent with the purposes for which Influenz was intended. In situations where flagrant violations of Influenz Terms of Service exist, Influenz and its associates reserve the right toforfeit the Payment made by the Brand to Influenz under the banned campaign.

Influenz and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion if the terms of open offers, pitches, transactions, campaigns, or the terms outlined within this Terms of Service section are not met or either party engages in (or is suspected of engaging in) a fraudulent, misleading or detrimental manner, or we deem created content to be objectionable for any reason. Any earnings or funds or fees or credits acquired or deposited in a fraudulent or manipulative manner, or within situations that lead to user removal, are subject to forfeiture in the sole discretion of Influenz.

As a condition of your use of the Site: all social media posts (or any content pertaining to Influenz campaigns), Open Offers and/or pitches made must adhere to all applicable laws in the jurisdiction of all three partners: Brand, Influencer and Influenz. By participating in transactions involving beverages and products with legal requirement on age, you swear and affirm and represent to us that you are over the legal age required to purchase those items in your jurisdiction and we will rely on the information you provide to us because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we suffer or incur. We prohibit transactions involving drugs (legal or illegal), controlled substances and drug paraphernalia. All open offers or pitches by brands must include the product (or product options) offered listed within the pitch details.

Influenz does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you should not use influenz-digital.com.

We are committed to protecting our influencers and brands on Influenz from technical abuse and spam. Any accounts engaging in abusive behavior or spamming the system may be temporarily limited or subject to permanent termination.

Joining Influenz for the purposes of soliciting influencers for a competing product, network, platform, etc. is strictly prohibited and is subject to account deactivation at the discretion of Influenz.

Brands are entitled to share unaltered Influencer-provided content (including reviews, endorsements and accompanying media) on third-party (and proprietary) platforms upon completion of transaction.

Influencers

In joining and using Influenz, you agree to only add your own personal social media accounts, blogs and websites to your profile. Misrepresenting yourself and/or your identity or social media profile is subject to removal.

The Influenz network is limited to Influencers who have grown their audience organically and we reserve the right to terminate Influencer accounts that misrepresent their audience size or engagement. Influenz is not responsible for the conduct (online or offline) of any Influenz user (Influencer, Brand) and you hereby release Influenz from any liability related thereto. Influenz will not be held liable for any claim, injury, or damage arising in connection with your use of Influenz. All work completed by Influencers is expected to remain on the respective platform(s) listed in the pitch/offer for a reasonable time period (or what is specified in the required work section of the pitch and/or offer) and should not be altered or removed without express consent from the brand. If there is an issue with the product or service, the Influencer should contact the Brand and work to resolve the issue in a reasonable manner.

By joining Influenz as an Influencer, you consent to Influenz using your likeness and/or content produced in conjunction with influencer campaigns on influenz-digital.com for promotional purposes including the representation of our network.

Each individual Influencer is entitled to create a single Influencer account. We reserve the right to deactivate or delete duplicate accounts.

As an influencer, you agree that you are solely responsible for creating and publishing content that pertains to the required work of any transaction(s) you are involved in. Influenz simply provides a service which enables Brands to approve posts.

Community Standards

Influenz restricts the display of nudity or graphic sexual activity as some in our community may be sensitive to this type of content. We also restrict hate speech (which we specifically define as an attack on people based on race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, and serious disability or disease) and threats of violence or harm.

All Users are expected to act in a civil manner and refrain from abusive or threatening behavior. We reserve the right to remove any content from User accounts that falls under (but is not limited to) this description. Repeat offenders may be removed from the system. All products and services offered by brands retain their trademark, copyright and/or intellectual property and Influencers are expected to adhere to trademark, copyright and/or intellectual property laws. Influencers may not re-purpose products and/or services provided by brands as their own design or face removal from the Influenz community.

All work completed by Influencers and content provided by brands must be original (unless specific arrangements are made and no copyrights, trademarks, etc. are violated). We do not tolerate plagiarism/intellectual property violations and offenders will be warned and/or subject to immediate removal from our community, depending on severity/frequency.

Unless otherwise specified or agreed upon, all published influencer work must be visible to the public, indexable and accessible by search engine crawlers and social networks. Once work is approved, it must not be modified or removed unless there is a mutual agreement between brand and influencer. In transactions where Influencers are required to purchase a product and will receive full compensation for the product purchased, the Influencer must not return the product to the retailer and/or vendor without prior authorization from an Influenz Admin and/or the Brand.

All offers and pitches by Brands must adhere to all applicable laws in the appropriate jurisdiction, as well as any country targeted within the campaign(s). All offers and pitches are expected to adhere to a singular, specific campaign goal, targeting one (1) social media network (or blog, marketplace, podcast, etc), with required work and compensation (where applicable) clearly stated. We reserve the right to cancel campaigns that do not adhere to these community standards and suspend or terminate Brand accounts that repeatedly defy these community standards.

International Users

The Service is controlled, operated and administered by Influenz from our offices within Hong Kong. If you access the Site from a location outside the Hong Kong, you are responsible for compliance with all local laws. You agree that you will not use the Influenz Content accessed through influenz-digital.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Disclaimer

The materials on influenz-digital.com are provided “as is”. Influenz makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Influenz does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Influenz or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on influenz-digital.com, even if Influenz or a Influenz authorized representative has been notified orally or in writing of the possibility of such damage.

Revisions and Errata

The materials appearing on influenz-digital.com could include technical, typographical, or photographic errors. Influenz does not warrant that any of the materials on its web site are accurate, complete, or current. Influenz may make changes to the materials contained on its web site at any time without notice. Influenz does not, however, make any commitment to update the materials.

Links

Influenz has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Influenz of the site. Use of any such linked web site is at the user’s own risk.

Site Terms of Use Modifications

Influenz may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to influenz-digital.com shall be governed by the laws of Hong Kong without regard to its conflict of law provisions.

Subscription, Compensation and Payments

Influenz for Influencers is a free service. Influenz for Brands is a subscription-based service.

All compensation, where applicable,(cash, product or both) to Influencers is to be provided by Brands and completely separate from Influenz subscription fees. Similarly, Brands utilizing free trials or complimentary promotional subscriptions are required to fully compensate Influencers, where applicable (cash, product or both).

A campaign (and, thus, the subscription on which it is based) is completed where Brands mark the corresponding transactions under the campaign as completed. Further or in the alternative, in the absence of instructions from the Brands, a transaction would be treated as completed where:

1. The Brand acknowledges that all required work has been completed by the Influencer in a reasonable manner;
2. The Brand has not raised issues within a reasonable time on the reported completion of the transaction by the Influencer in accordance with the agreed terms;
3. Influenz considers it just to do so having considered the work and effort of the Influencer.

If either party elects to dispute aspects of the transaction, they may flag the transaction (see below for more details).

We reserve the right to collect funds owed to us using legal means.

In exceptional circumstances where a campaign could not proceed to completion under no fault on the part of the Brands, Brands may receive a refund of the Payment for that part of the campaign, excluding promotional credits, uncommitted to existing or already completed transactions on a pro rata basis, minus transaction fees charged to Influenz by payment processing partner(s).

Once a pitch or offer from the Brand has been accepted by the Influencer, the Brand and Influencer involved in the transaction are required to complete the transaction per the terms of the agreement. Failure to comply will involve removal from the network and, in the case of Brands, no replacement Influencer or refund may be arranged.

Flagging Transactions

If an Influencer does not approve of the product or service provided by the Brand, the Influencer may Flag the transaction in order to attempt to resolve the issue with assistance from Influenz Support. Similarly, if the Brand does not approve of the work completed by the Influencer, the Brand may Flag the transaction in order to attempt to resolve the issue with assistance from Influenz Support.

Irrespective of the result of the resolution, any remedial arrangement (e.g. replacement influencer or refund) is at the sole discretion of Influenz and the Influencer or the Brand acknowledges that they have no claim whatsoever against Influenz.

Changes To Terms

Influenz reserves the right, in its sole discretion, to change the Terms under which Influenzinfluenz-digital.com is offered. The most current version of the Terms will supersede all previous versions. Influenz encourages you to periodically review the Terms to stay informed of our updates.

Privacy Policy

This Privacy Policy governs the manner in which Influenz collects, uses, and discloses information collected from users (each, a “User”) of the https://Influenzinfluenz-digital.com website (“Site”). This privacy policy applies to the Site and all products and services offered by Influenz. By using our service, making an application or visiting our Site, you acknowledge the collection and use of your personal data by us as outlined herein. If you do not agree with the use of your personal data as set out herein, please do not use this Site.

Personal Information

Influenz may collect personally identifiable information, such as your name, e-mail address, mailing address, telephone number, credit card number (paid subscriptions to Influenz for Brands) and demographic information. We may gather additional personal or non-personal information in the future. Information about your computer hardware and software may be automatically collected by Influenz. This information can include: your IP address, browser type, domain names, access times and referring website addresses.

Influenz enables users to voluntarily share badges across different third party platforms utilizing network share buttons (Twitter, Pinterest, etc.) which may contain data tracking elements from these third party sources. Please review the applicable Terms of Service and Privacy Policies of any third party platform you choose to share a badge on for more details.

Intended use of Personal Data

Influenz for Brands and Influenz for Influencers requires registration. In these instances, we may require you to provide us with Personal Data. To facilitate collaboration between Brands and Influencers, we have to ensure that both can identify each other. If you choose to withhold Personal Data requested by Influenz, it may not be possible for you to use the Influenz platform and for us to respond to your requests.

This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Influenz website. Influenz encourages you to review the privacy statements of websites you choose to link to from Influenz so that you can understand how those websites collect, use and share your information. Influenz is not responsible for the privacy statements or other content on websites outside of the Influenz website.

Additionally, Influenz may use a User’s personal information for the following purposes:

1. To improve customer service. Information you provide helps us respond to your customer service requests and support needs more efficiently.
2. To personalize user experience. We may use personal information to understand how our Users use the services and resources provided on our Site.
3. To improve our Site. We may use feedback you provide to improve our products and services.
4. To run a promotion, contest, survey or other Site feature. To send Users information they agreed to receive about topics we think will be of interest to them.
5. To send periodic emails. We may use the email address to respond to their inquiries, questions, and/or other requests.

We may conduct direct marketing via fax, email, direct mail, telephone and other means of communication whether now or hereafter known, or send e-newsletters to you. You may choose not to receive promotional materials, by emailing us at support@influenz-digital.com, and we will cease to do so, without charge. If applicable law requires that we receive your explicit consent before we send you certain types of marketing communications, we will only send you those types of communications after receiving your explicit consent.

Sharing Your Personal Information

Influenz may store Personal Data and share personally identifiable information with our partners and/or with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with Influenz) for further processing in accordance with the purpose(s) for which the data were originally collected.

Influenz may also share a User’s personal information with third parties who advertise their products and services on the Site or other third parties who would like to send you information about their products and services. For example, Influenz 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 is governed by their privacy policy.

There may be instances when Influenz may disclose personal information without providing a User with a choice in order to protect the legal rights of Influenz, other affiliated companies or their employees, agents, and contractors; to protect the safety and security of other Users; to protect against fraud or for risk management purposes; or to comply with the law or legal process. In addition, if Influenz sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, Influenz may transfer personal information to a third party as part of that transaction.

Without limiting the generality of the above, we may also provide your personal data to:

1. personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services;
2. event co-organizers, affiliates, and business partners;
3. persons under a duty of confidentiality to us;
4. persons to whom we are required to make disclosure under applicable laws in or outside Hong Kong;
5. actual or proposed transferees or participants of our services

We may provide your personal data as required or permitted by law to comply with a summons, subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property, or the rights, property or safety of others, including but not limited to advisers, law enforcement, judicial and regulatory authorities in or outside Hong Kong. We may also transfer your personal data to a third party that acquires all or part of our assets or shares, or that succeeds us in carrying on all or a part of our business, whether by merger, acquisition, reorganization or otherwise

Access to Information

Under the Hong Kong Personal Data (Privacy) Ordinance, you have the right:

1. to check whether we hold personal data about you and to access such data;
2. to require us to correct inaccurate data;
3. to ascertain our policies and practices in relation to personal data and the kind of personal data held by us.

If you wish to exercise one of the above mentioned rights, cease marketing communications, and/or raise questions or complaints please contact us at support@influenz-digital.com. Where permitted by law to do so, we may charge a reasonable fee for processing a data access request. In order to comply with your request for this information, we also may ask you to verify your identity.

How We Protect Your Information

Influenz is committed to protecting your privacy and data but cannot guarantee or warrant the security of any information you provide or transmit to Influenz or guarantee that your information on Influenz may not be accessed by breach of any of our safeguards. No method of transmission over the Internet is 100% secure, so we cannot guarantee or warrant its absolute security.

Use Of Cookies

The Influenz Site may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Influenz pages, or register with Influenz site or services, a cookie helps Influenz to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Influenz website, the information you previously provided can be retrieved, so you can easily use the Influenz features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Influenz services or websites you visit.

Third Party Websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

International Privacy Laws

If you are using Influenz outside of Hong Kong, please understand that you are sending information (including Personal Data) to Hong Kong, where the Influenz servers are located. The information you provide may be transferred within Hong Kong or back out of Hong Kong to countries that are outside of your country of residence, depending on the nature of the information you provide with us. We will generally hold your data on our servers hosted in Hong Kong. However, we may transfer it to our overseas offices elsewhere in the world for the purpose of processing into our database or to any of the people listed above, who may be located elsewhere. Please be aware that these countries (including Hong Kong) might not have data protection laws in place that are as comprehensive or protective as the ones in place in your country of residence.

Changes To Privacy Policy

Influenz will occasionally update this Statement of Privacy to reflect company and customer feedback. Influenz encourages you to periodically review this Statement to be informed of how Influenz is protecting your information.

Contacting Us

If you have questions about our terms of service and/or privacy policy, the practices of this Site, your dealings with this Site, or you wish to have us correct or delete any  information we have about you, please contact us at support@influenz-digital.com