Legal Concerns

We've assembled some key legal documents that explain how DROM PR interacts with and protects its website visitors, customers, and partners.

Drom Pr Privacy Policy

Last Modified: June 7, 2024

This privacy notice (“Privacy Notice”) governs how we, drompr.com Ltd (“DROM PR” “we”, “our” or “us”) use, collect and store information pertaining to you (“User”, “you”), amongst other, in the following use cases: (i) When you browse, visit, sign up/login and make use of our website www.drompr.com (“Website”); (ii) When you sign up as an “influencer” or “creator” or as a brand; (iii) When you provide us with your Personal Data via/through any of the forms made available by us or when you correspond with us (e.g. through our chat); (iv) When an organization with which you are associated (an “Organization”) signs up to use our platform (“Platform”) in which case we may receive Personal Data about you in connection with our provision of the Platform to your Organization (however, note that this Privacy Notice does not apply where your Organization is the data controller or we have a data processing agreement in place with your Organization which governs our obligations as data processor); (v) when you apply for a job with us; and/or (vi) When we use the personal data of the employees of our vendors, service providers and suppliers.

We greatly respect your privacy. Please read this Privacy Notice carefully, so you can fully understand our practices in relation to Personal Data. Please note that this is a master privacy notice and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal bases described below are only relevant for GDPR-protected individuals in limited contexts. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being.

This Privacy Notice can be updated from time to time and, therefore, we ask you to check back periodically for the latest version. If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

WHAT INFORMATION DO WE COLLECT

1.1 When you browse or visit our website www.drompr.com (“Website”):

We collect navigational information including information about your computer and your visits to our Website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed, information about your computer hardware and software, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses and log files. Our Website also uses cookies, analytic tools, and tracking technologies.
We use the above information to provide and improve our Website and its features, and analytics.
Without this information, we cannot provide our Website efficiently.

1.2 When you provide us with your Personal Data via/through any of the forms made available by us or when you correspond with us (e.g. through our chat) and/or when you fill the forms or show interest in our Influencer plan or Brand categories:

We collect information that you chose to provide or share with us, including contact information, such as your name, e-mail address, company name, address, country, or phone number.
We use it to provide you with the requested service, document, or feature in question (e.g. to answer and process your queries, to provide a demo, to provide our free reports) and for internal operations (such as bug fixing, analytics, R&D, or generation of statistics).
Legal basis: legitimate interest and, in certain contexts, consent or pre-contractual discussions (i.e. steps at your request prior to entering into a contract).
Without this information, we cannot process your queries, provide a demo or share our free reports with you.

1.3 When you sign up as an “influencer” or “creator” or a brand:

We collect information that you chose to provide or share with us, including contact information, such as your name, e-mail address, password, credentials, performance information, social accounts, and activity. In some contexts, we collect data from third-party sources about influencers. You can read more in our Privacy Notice for Influencers available at www.drompr.com (“legal” section).
We use this information to communicate with you, provide our platform to you, manage your account, operate and improve our Website and Platform, provide support, send you requested materials, internal operations (such as bug fixing, analytics, R&D, statistics), security and fraud detection purposes.
Legal basis: depending on the context, legitimate interest (e.g. fraud detection), consent (e.g. to receive certain messages or communications), pre-contractual discussions (i.e. steps at your request prior to entering into a contract), or performance of a contract.
Note that some of your Personal Data may also be viewed by other users of the Platform.
Without this information, we cannot communicate with you, provide our Platform and its features, or improve our service offering.

1.4 When an organization with which you are associated (an “Organization”) signs up to use our platform (“Platform”):

We collect signup/login data, CRM data, user names, passwords. We also collect notes that Organization users write on the Platform about Influencers.
Note that this Privacy Notice does not apply where your Organization is the data controller or we have a data processing agreement in place with your Organization, which governs our obligations as data processors.
We use this information to communicate with you, provide our Platform and our services to you, manage your account, operate and improve our Platform, provide support, send you requested materials, internal operations (such as bug fixing, analytics, R&D, statistics), security and fraud detection purposes.
Legal basis: depending on the context, legitimate interest (e.g. fraud detection), or performance of a contract (e.g. our terms of use). Note that in some cases a data processing agreement with the Organization governs and applies to the use of this data. Without this information, we cannot communicate with you, provide our platform and its features or improve our service offering.

1.5 When you apply for a job:

We collect your CV, resume, contact details, and cover letter
We use it to assess your candidacy and suitability and correspond with you
Legal basis: legitimate interest and pre-contractual discussions (i.e. steps at your request prior to entering into a contract)
Without this information, we cannot process your CV and consider your request.

1.6 We also collect contact details of the employees and staff of our suppliers, service providers, and vendors. This information is used to communicate with them and perform the relevant agreements. The legal basis is either legitimate interest or performance of a contract (e.g. the relevant agreement with the supplier, service provider, or vendor). Without this information, we cannot communicate with them.

Finally, please note that some of the abovementioned Personal Data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your Personal Data and further use it for internal and external purposes, including, without limitation, to improve the services and for research purposes. “Anonymous Information” means information that does not enable identification of an individual user, such as aggregated information about the use of our services, or de-identified information. To the maximum extent permitted by law, we may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

HOW WE PROTECT AND STORE YOUR PERSONAL DATA

2.1 Security.
We have implemented appropriate technical, organizational, and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration into our servers. As the security of information depends in part on the security of the computer, device, or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

2.2 Retention of your Personal Data.
We store and retain data for as long as we need it (amongst others, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements). In some circumstances, we retain your Personal Data as follows: (i) where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements, (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

HOW WE SHARE YOUR PERSONAL DATA

The abovementioned Personal Data is stored on third-party hosting providers. We share your information as follows:

With our business partners with whom we jointly offer products or services (e.g. DROM PR Partners) and brands that work with us.
With trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. We partner with trusted third parties to provide you with co-marketing content that we think may be relevant to you.
With service providers that we employ (e.g. other companies and people to provide services to visitors to our Websites, our customers, us, and users of the Platform) and who may need some of your information to provide information, products, or services to you or us (e.g. IT, system administration, and other services). Examples may include removing repetitive information from prospect lists, analyzing data or performing statistical analysis, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service or support.
With our affiliated companies, companies/entities of the drompr.com group, and our consultants/sales teams.
With professional consultants and advisors, including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services.
Third parties with whom we may be required to communicate in order to enforce or apply the terms of our agreements; or to protect the rights, property, or safety of DROM PR, our customers, our users, or others.
To the extent necessary, with regulators, courts, or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state, or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order.
If in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares, or assets to a third party, we may disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company.
Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

You can read more here: Where we transfer your Personal Data outside of Drom Pr, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data. Feel free to contact us if you need further information on specific transfer mechanisms used by us when transferring your Personal Data out of the EEA.

YOUR RIGHTS

The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):

You have a right to access Personal Data held about you. Your right of access may normally be exercised free of charge, however, we reserve the right to charge an appropriate administrative fee where permitted by applicable law.
You have the right to request that we rectify any Personal Data we hold that is inaccurate or misleading.
You have the right to request the erasure/deletion of your Personal Data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your Personal Data, for example for the establishment, exercise, or defense of legal claims.
You have the right to object, too, or to request restriction, of the processing.
You have the right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller.
You have the right to object to profiling.
You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular, if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
You also have a right to request certain details of the basis on which your Personal Data is transferred outside the Country, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality.
You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place of work, or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

You can exercise your rights by contacting us at enquire@drompr.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfill your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance, if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initially requested, we will address your request to the maximum extent possible, all in accordance with applicable law. In addition, should you ever decide to delete your account, you may do so by emailing us.

Separately, we may enable or allow you to interact with third-party websites, mobile software applications, and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third-Party Service. For example, our website may contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that, to the maximum extent permitted by law, we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.

USE BY CHILDREN

We do not offer our products or services for use by children. If you are under 18, you may not use the Website, the Platform, or provide us with your Personal Data. We do not knowingly collect information from, and/or about children.

CONTACT US

If you have any questions, concerns, or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at enquire@drompr.com

LICENSE AGREEMENT

These Drom Pr's Terms of Service ("Agreement"), dated as of the Licensee’s signature date in the Order Form (as defined below) ("Effective Date"), are by and between drompr.com. ("Drom Pr"), and Customer (“Licensee”), as defined in the Subscription Order Confirmation (“Order Form”) (each a “party”). In the event of a conflict between the terms of the Order Form and this Agreement, the order of precedence shall be as follows: (1) the Order Form; and (2) this Agreement.
WHEREAS as between the parties, Drom Pr is the owner or licensee of the “Drom Pr” platform, a social intelligence solution that enables viewing insights on brands and individuals ("Services"); and WHEREAS Licensee desires to obtain a license from Drom Pr to use the Services, and DROM PR is willing to grant such rights and licenses to use the Services subject to the terms and conditions set forth herein and in the Order Form; NOW, THEREFORE, the parties hereby agree as follows:

1. Scope of License.

Subject to this Agreement and the payment of the required fees, Drom Pr grants Licensee a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable and limited license to use the Services for the internal purpose of Licensee's performing influencer marketing activities enabled via the Services for Licensee (“License”). Licensee warrants that: (a) it has the power and authority, and has taken all corporate action required, to enter into and fully perform this Agreement, and its entry into and performance of this Agreement do not and will not violate any agreement or restriction applicable to, or binding upon, Licensee; and (b) Licensee will comply with all applicable laws, rules, regulations, and ordinances (and shall not violate, infringe, misappropriate or breach any third party’s (including, without limitation, Drom Pr's rights) in its performance of this Agreement and use of the Services. Under the License, Licensee shall be given a user name and password from Drom Pr for logging into the Services, following which Licensee's use of the Services shall be enabled. Licensee shall be fully responsible and liable for the actions and omissions of its users and the users Licensee adds to the Services. For clarity, this Agreement is a technology license agreement only and, therefore, no professional services are being provided to Licensee.

2. Intellectual Property Rights & Restrictions.

Other than the limited license granted under this Agreement to Licensee during the Term, all intellectual property rights, ownership rights, and proprietary rights in the Services and any part thereof, including all proprietary and secret information of Drom Pr or its licensors, and including any and all derivatives, updates, upgrades, changes and improvements thereof lie and remain exclusively with Drom Pr and/or its licensors. All rights not expressly granted hereunder are reserved by Drom Pr. Licensee shall (i) not sell, lease, sublicense or distribute any rights of use in the Services or any part thereof or allow any third party to use such rights, for any purpose; (ii) not attempt to reverse engineer, decompile, or disassemble the Services, or any part thereof; (iii) refrain from modifying the Services, or granting any other third party the right to do so; (iv) not represent that it possess any proprietary interest in the Services; (v) not directly or indirectly, take any action to contest Drom Pr's intellectual property or proprietary rights or infringe them in any way; (vi) except as specifically permitted by Drom Pr, not use the name, trademarks, trade-names, and logos of Drom Pr; (vii) not use, or otherwise transfer, access or commercially exploit (or allow third parties to use, transfer, access or commercially exploit), any data made available to Licensee through the Services or any derivatives thereof (“Drom Pr’s Data”) in order to create derivative works of the Services or any software product (or parts thereof) that is the same or substantially similar to the Services or achieve, or intends to achieve, the same or a similar purpose and (viii) not to bypass, circumvent or disrespect any security or technical restrictions implemented within the Services.
If Licensee provides suggestions, comments, or feedback (whether orally or in writing) (the “Feedback”), any and all rights, including Intellectual Property Rights, shall belong exclusively to Drom Pr and shall be considered Drom Pr’s Confidential Information, and Licensee hereby irrevocably transfers and assigns to Drom Pr all rights in such Feedback and waives any and all moral rights that Licensee may have in respect thereto and waives the right to assert or claim such rights. Use of Feedback, if any, may be made by DROM PR at its sole discretion.

3. Consideration.

In consideration for the License granted to Licensee, Licensees shall pay Drom Pr a license fee as set forth in the applicable Order Form ("License Fee"), as such applicable Order Form may be mutually amended by the parties from time to time. Payments shall be made according to the payment terms set forth in the applicable Order Form. If no payment terms are specified in the applicable Order Form, payments shall be made within thirty (30) days from receipt of an invoice from Drom Pr. All payments shall be in INR unless otherwise specified in the Order Form. Any payment not paid by Licensee to Drom Pr when due shall bear interest at the rate of 12% per month, and shall constitute sufficient cause for Drom Pr to immediately suspend performance of this Agreement and/or terminate the Agreement in accordance with the Order Form.

4. Taxes.

All amounts payable hereunder and under the Order Form shall be paid in net terms and shall not be subject to any set-off or deduction of any kind. Licensee is solely responsible for payment of any taxes resulting from the acceptance of the License, including VAT if applicable. If Licensee is required to withhold any amounts due to applicable tax laws or regulations, the Licensee shall pay an amount to Drom Pr such that the net amount payable to Drom Pr after withholding of taxes shall equal the amount that would have been otherwise payable under this Agreement (“gross-up”). In addition, the Licensee shall be responsible for all income, sales, business, or any other such form of tax, fee, license, or payment due in receipt of the transfer of the property or right to use such property under all circumstances. v may request payment of such applicable taxes in accordance with applicable law for remittance to such governmental agency, but all final duties for payment and compliance of all tax laws shall be the duty of the Licensee. Licensee agrees to hold harmless Drom Pr from all claims and liability arising from Licensee’s failure to report or pay any applicable taxes, duties, or other governmental charges.

5. Technical Support.

During the term of this Agreement, Drom Pr will provide Licensee technical support for the Services during the following Technical Support Hours: Monday to Friday from 9 am to 5 pm ET and Monday to Friday 9 am to 5 pm CET. Licensee shall be entitled to training and strategy sessions over Zoom/Meet, live in-platform chat support, monthly reviews, and a dedicated account manager to assist with questions according to the Support Package as stated in the Order Form.

6. Influencer Payments.

If Licensee chooses to use Drom Pr's influencer payment solution, (A) Licensee hereby provides written authorization to Drom Pr to provide payment instructions to its payment service providers on its behalf and Licensee shall fully defend, indemnify and hold Drom Pr and its payment service providers harmless from any liability resulting from or related to such payment instructions. (B) Drom Pr will use commercially reasonable efforts to facilitate the payment from the Licensee to the influencer/end-user. (C) To the maximum extent permitted by law, such payments shall be deemed made by Licensee and not by Drom Pr. (D) The parties agree that to the maximum extent permitted by law: (a) Drom Pr is merely the facilitator of any such payments and the obligation to pay, and/or any other obligation, requirement or consequence, in relation to such payment or the transaction with the influencers/end users, resides solely with Licensee; and (b) except for the payment facilitation, Drom Pr bears no responsibility or liability of any kind in relation to any such payments, including, without limitation, in relation to the payment instructions, the accuracy of payment details, tax, anti-money laundering and/or any disputes between Licensee and influencer or other end users. (E) Licensee acknowledges that Drom Pr uses a third-party payment service Tipalti for the payment facilitation and may, in the future, use other third-party payment services and that: (i) such third parties have terms, conditions, and policies concerning the payment process which shall govern the payment process and prevail at all time, including, without limitation. (ii) Payment Service Providers, or another third party as applicable, may discontinue or change the payment system in question which could delay or adversely affect the payment facilitation performed by Drom Pr; and (iii) to the maximum extent permitted by law, Drom Pr shall not bear any responsibility or liability of any kind in connection with (i) and (ii) above or for any action, omission and/or delay by, deriving from and/or related to such third parties and/or their payment systems. Licensee shall cooperate in good faith with Drom Pr in the event that a modification to this Agreement is required under the agreement with third-party payment providers or facilitators.

7. Confidentiality.

All designs, engineering details, and other technical, financial, marketing, commercial and other information pertaining to the Services and/or Drom Pr's business activities and/or any proprietary or confidential information of Drom Pr disclosed pursuant to this Agreement which is marked as confidential or is identified at the time of disclosure as confidential or which would reasonably be considered confidential or proprietary in nature shall be considered “Confidential Information”. Licensee agrees to use Drom Pr's Confidential Information only in connection with the License, to keep such Confidential Information confidential, and not to reproduce, copy, or disclose such Confidential Information to any third party, except with Drom Pr's prior written consent. If the disclosure is required by law, or government order or official authority requests the information to be disclosed, Licensee shall give written notice to the Drom Pr prior to such disclosure and provide DROM PR with an opportunity to take legal steps to resist or narrow such request.

8. Disclaimer of Warranties.

Licensee acknowledges that the data and information contained on, or included in, the Services may be based on information, data, and content obtained by Drom Pr from various data sources. To the maximum extent permitted by law, Drom Pr shall not be held responsible for any acts and/or omissions of such data sources and Drom Pr does not intend, and will not be required, to edit or review for accuracy or appropriateness any information and/or data provided by Licensee (including such information contained in Licensee's social properties). EXCEPT FOR THE WARRANTIES PROVIDED HEREIN, IF ANY, DROM PR PROVIDES THE SERVICES TO LICENSEE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DROM PR AND ITS SUPPLIERS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. DROM PR DOES NOT WARRANT THAT THE SERVICES OR ANY SOFTWARE OR DATA RELATED THERETO WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. Licensee is solely responsible for proper configuration of all hardware and other equipment and all devices and other software used with the Services and for making lawful use of the Services and its features.

9. Indemnification.

Licensee shall fully indemnify, defend and hold DROM PR (including its officers, directors, employees, subsidiaries, and affiliates) harmless from any and all losses, liabilities, fees, settlements, and damages (including reasonable attorney's fees and expenses) arising from Licensee’s use of the Services and/or from a claim based on Licensee's breach of its representations, warranties, and obligations as set forth in this Agreement. Subject to the Indemnification Exceptions (defined below), Drom Pr shall pay all settlements finally agreed to by Drom Pr or judgments finally awarded against the Licensee resulting from a third party claim that the Services infringe valid copyrights or trade secrets. The indemnitee shall provide the Indemnitor with: (a) prompt written notice of such claim and (b) sole control over the defense and settlement of such claim. The indemnitee shall provide the Indemnitor with information and assistance as may be reasonably requested by the Indemnitor. Licensee may not settle any claim without first obtaining Drom Pr's written permission.
Indemnification Exceptions: Drom Pr will have no obligation to Licensee to the extent that any claim arises from (a) any modification to the Services by anyone other than Drom Pr; (b) modifications made by Drom Pr in accordance with Licensee’s specific request; (c) use of the Services other than as specified in this Agreement; or (d) use of the Services in combination with third-party software, hardware or data not expressly approved in writing by Drom Pr, if the claim would not have arisen but for such combination.
Claims: If a claim arises, or in Drom Pr's opinion is likely to arise, Drom Pr may, at its own discretion, obtain for Licensee the right to continue using the Services, modify the Services to make them non-infringing, or substitute at no additional cost the Services with another service of substantially similar capability and functionality. If none of these options are reasonably available to DROM PR, Licensee may terminate this Agreement as a sole remedy in which case Drom Pr's sole liability will be to refund to the Licensee, within 30 days, the Fees pre-paid under this Agreement for the remaining unused period of the license. THIS SECTION “CLAIMS” STATES DROM PR's SOLE LIABILITY AND OBLIGATIONS, AND THE EXCLUSIVE REMEDIES OF LICENSEE, WITH RESPECT TO ANY CLAIMS RELATED TO DROM PR's INFRINGEMENT OR VIOLATION OF ANY KIND RELATING TO THIRD PARTY RIGHTS (INCLUDING, WITHOUT LIMITATION, PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS), AND DROM PR's BREACH OF WARRANTIES.

10. Further Requirements.

Drom Pr's unique and proprietary method collects influencers’ information through/with Drom Pr's own resources and through third parties resources. Such information is processed, aggregated, analyzed, and shown on Drom Pr's Services. The information presented through the Services does not in any way create any representation or warranty on Drom Pr's behalf with respect to such third party's websites or internet pages. By using the Services, the Licensee commits not to: Violate any laws, third party rights or Drom Pr's policies, published from time to time; Post false, inaccurate, misleading, defamatory, or libelous content; Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes or any other form of illegal communications; Distribute viruses or any other technologies that may harm, manipulate, extract unauthorized information from the Services, or the interests or property of users of the Services; Use any crawlers, bots, algorithms or other automatic applications or codes in order to retrieve and collect information through the Services; Present the information received through the Services without mentioning that Drom Pr is the provider of the information; Sell, trade, license for commercial benefit or otherwise dispose any information received through the Services (which, for clarity, shall be used solely for the Licensee's internal purposes in accordance with this Agreement). Licensee shall comply at all times with all applicable privacy and data protection laws and regulations for allowing DROM PR to use the data provided by Licensee, controlled by Licensee or with respect to which Licensee is considered a data controller. This includes, without limitation, the provision of such data to DROM PR, the transfer of such data by Drom Pr to its affiliates and subcontractors, including transfers outside of the Country. Access and use of the Services are subject to Drom Pr's privacy policy available here. To the extent that Licensee needs a data processing agreement, Licensee shall execute DROM PR's data processing agreement (“DPA”) available upon request and return it signed to Drom Pr as described therein. To the extent that Licensee needs a controller to controller addendum, Licensee shall execute Drom Pr's controller to controller addendum (“CCA”) available upon request and return it signed to Drom Pr as described therein. In the event Licensee fails to comply with any data protection or privacy law or regulation and/or any provision of the DPA and/or the CCA, and/or fails to return an executed version of the DPA and/or CCA to Drom Pr, then: (a) to the maximum extent permitted by law, Licensee shall be fully responsible and liable for any such breach, violation, infringement and/or processing of personal data without a DPA or a CCA by Drom Pr and Drom Pr's affiliates and subsidiaries (including, without limitation, their employees, officers, directors, subcontractors and agents); (b) in the event of any claim of any kind related to any such breach, violation or infringement and/or any claim related to processing of personal data without a DPA or a CCA, Licensee shall defend, hold harmless and indemnify Drom Pr and Drom Pr's affiliates and subsidiaries (including, without limitation, their employees, officers, directors, subcontractors and agents) from and against any and all losses, penalties, fines, damages, liabilities, settlements, costs and expenses, including reasonable attorneys’ fees.

11. Third-Party Integration.

The software and Services provided by Drom Pr under this Agreement may rely on or require, integration with third-party services, such as data sources or analytics provided by third-party social networks. Drom Pr does not control, and is not responsible for, such third-party services, and shall have no liability for any failure or degradation of such third-party services beyond DROM PR's reasonable control. The independent modification of such third-party services could adversely impact the functionality or quality of services provided through the Services or by DROM PR which depend on such third-party services, and DROM PR shall not have any liability or responsibility (including to provide any refunds) if such adverse impact occurs. drompr.com Terms of Use sets forth the third-party services that Drom Pr currently uses in the context of the Services. Licensee hereby expressly accepts DROM PR.com Terms of Use.

12. Limitation of Liability.

EXCEPT FOR (A) LICENSEE’S VIOLATION, INFRINGEMENT, OR MISAPPROPRIATION OF DROM PR's INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (B) LICENSEE’S VIOLATION OR BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, OR (C) LICENSEE’S INDEMNIFICATION OBLIGATIONS: (I) NEITHER PARTY’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL EXCEED THE TOTAL AMOUNT OF LICENSE FEES PAID BY LICENSEE TO DROM PR DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE LIABILITY FIRST ARISES AND (II) TO THE EXTENT PERMITTED BY LAW, IN NO EVENT, WILL EITHER PARTY BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER, CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Term.

The Term of this Agreement is as set in the applicable Order Form.

14. Termination.

Termination of this Agreement shall be according to the terms detailed in the applicable Order Form. Each party may terminate this Agreement at any time by giving written notice to the other party if: (i) the other party breaches a material provision of this Agreement and fails to cure the breach within thirty (30) days after being given written notice thereof; (ii) the other party is judged bankrupt or insolvent, makes a general assignment for the benefit of its creditors, a trustee or receiver is appointed for such party, or any petition by or on behalf of such party is filed under any bankruptcy or similar laws. No refunds will be provided under any circumstance during or after the termination of the Agreement, except as explicitly provided in this Agreement. Upon termination of this Agreement for any reason whatsoever, Licensee will immediately cease use of the Services and return all Confidential Information to DROM PR and destroy or return (including causing third parties to destroy or return) to Drom Pr, at DROM PR's discretion, all Drom Pr's Data. Licensee’s obligations that, by their nature and content, must survive the termination of this Agreement in order to achieve their fundamental purposes shall so survive. Sections 2 (Intellectual Property Rights & Restrictions), 6(B) – (D) (Influencer Payments), 7 (Confidentiality), 10 (Further Requirements), 11 (Third Party Integration), 12 (Limitation of Liability), 14 (Consequences of Termination), 15 (Governing Law), 16 (Jurisdiction, injunctive relief) and Licensee’s payment obligations shall survive any termination of this Agreement.

15. Governing Law.

Any dispute or claim arising out of, in relation to, or in connection with this Agreement, and any subsequent amendments to this Agreement, including without limitation the interpretation, making, performance, breach, or termination thereof, shall be governed by and construed and enforced in accordance with the laws of India.

16. Jurisdiction.

The courts in India, India shall have exclusive jurisdiction over any dispute arising from or in connection with this Agreement, and each party waives any objection to any forum non-convenience or jurisdiction in such courts. Notwithstanding the foregoing, Drom Pr may seek an injunction or other equitable relief in any court of competent jurisdiction in order to prevent a breach or threatened breach of this Agreement.

17. Use of the Services by Service Providers.

"Service Provider(s)" means any third-party service providers, such as agencies and marketing consultants, engaged by Licensee to provide marketing services directly to, and for the benefit of, Licensee. Subject to the terms and conditions of this Agreement, the scope of the License and to any reasonable requirements determined by Drom Pr at its sole discretion (including, without limitation, technical restrictions to protect Drom Pr's intellectual property or proprietary rights), Licensee may permit its Service Providers to participate in the License and use the Services and the data available on the Services for the sole purpose of providing marketing services to the Licensee, provided that: (i) Licensee first inform Drom Pr in writing of the identity of such Service Providers, (ii) such Service Providers are approved in writing by Drom Pr prior to receiving access to use the Services, (iii) Licensee causes such Service Providers to execute, and agree to be bound by, the Terms and Conditions for Service Providers by and between Drom Pr and each such Service Provider, (iv) notwithstanding anything to the contrary, Licensee acknowledges and ensures that Drom Pr shall have the right, but not the obligation, to use any remedies available in law or in equity directly against the Service Providers in connection with, or related to, any violation, breach, misappropriation or infringement of any kind by Service Providers or on Service Providers’ behalf (with or without involving the Licensee, at Drom Pr's sole discretion), and (v) Licensee shall in any event remain fully responsible and liable for the actions and omissions of its Service Providers, and for the transfer to, and access and/or use by, Service Providers of data and information (including, without limitation personal data) on the Services and shall defend, hold harmless and indemnify Drom Pr (and its affiliates, subsidiaries, directors and staff) from and against any claim, liability, cost and/or expense of any kind related to the Service Provider’s actions and/or omissions and/or the transfer to, and access and/or use by, Service Providers of data and information (including, without limitation personal data) on the Services and, notwithstanding anything to the contrary in this Agreement or any other agreement or arrangement between Drom Pr, the Licensee and/or the Service Providers, Licensee’s liability in connection with this Section 17 shall be unlimited. Drom Pr reserves the right to suspend access to the Services by Service Providers at Drom Pr's sole discretion. Notwithstanding anything to the contrary, subsections (iv) and (v) of this Section 17 (“use of the Services by Service Providers”) shall survive the termination or expiration of this Agreement and/or the relevant Order Forms for any reason.

18. Publicity:

Each party shall be permitted to use the names and/or logos of the other party in publicity releases, advertising, or similar marketing activities without the prior written consent of the other party. Nothing herein shall limit either party from disclosing the terms of this Agreement to potential financing sources, security holders, strategic partners, and advisors.

19. Assignment.

Licensee may not transfer or assign its rights or obligations under this Agreement to any third party without the prior written approval of Drom Pr. Drom Prmay assign this agreement in whole or in part at its discretion.

20. Entire Agreement.

This Agreement and the relevant Order Form constitute the entire agreement between DROM PR and Licensee and supersedes any previous agreements or representations, either oral or written with respect to the subject matter of this Agreement. All amendments may be made only in writing. The parties shall be deemed, independent contractors.

21. No Third-Party Beneficiaries.

This Agreement is intended solely for the benefit of the parties. In no event will any third party have any rights in relation to this Agreement or any right to enforce the terms hereof.

22. Waiver.

No waiver of rights arising under this Agreement shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy and/or prejudice any rights of such party.

23. Severability.

If any provision under this Agreement is determined by a court to be unenforceable, that provision will be deemed to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted, and the remainder of the Agreement will continue in effect.

24. Force Majeure

Except for payment obligations, if any performance (excluding payment obligations) under this Agreement by either party is prevented, hindered, or delayed by reason of an Event of Force Majeure (defined below), the party so affected shall be excused from such performance to the extent that, and for so long as, performance is prevented, interrupted, or delayed thereby, provided that such party so affected shall promptly notify the other party of the occurrence of such event. If and when performance is resumed, all dates specified in this Agreement and/or in any Order Form accepted pursuant to this Agreement shall be automatically adjusted to reflect the period of such prevention, interruption, or delay by reason of such event of Force Majeure. For purposes of this Agreement, an event of Force Majeure shall be defined as (a) fire, flood, earthquake, explosion, pandemic or epidemic (or similar regional health crisis), or act of God; (b) strikes, lockouts, picketing, concerted labor action, work stoppages, other labor or industrial disturbances, or shortages of materials or equipment, not the fault of either party; (c) invasion, war (declared or undeclared), terrorism, riot, or civil commotion; (d) an act of governmental or quasi-governmental authorities; (e) failure of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, shortage of adequate power or transportation facilities; and/or (f) any matter beyond the reasonable control of the affected party. Notwithstanding the foregoing, Licensee shall not be entitled to use, or rely on, this Section (Force Majeure) in connection with any Licensee breach of the License.

Drompr.com Terms of Use

Welcome to www.drompr.com (together with its subdomains, Content, Marks, and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Drompr.com .("DROM PR", "we", "our", or "us"). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the "Terms"). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Site.

1. Background.

The Site is intended to provide information about DROM PR's products and services. It also is intended for influencers to sign up as “influencers” or “creators/Brand's”.

2. Modification.

We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.

3. Ability to Accept Terms.

The Site is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please do not visit or use the Site.

4. Site Access.

For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.

5. Restrictions.

You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.

6. Account.

In order to use some of the services of the Site, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify DROM PR immediately of any breach of security or unauthorized use of your Account. As between you and DROM PR, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to DROM PR at enquire@drompr.com

7. Payments to DROM PR.

Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but DROM PR may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.

8. Sharing Your Data With Brands and Customers. Influencer Payments.

You understand, acknowledge, and accept that if you sign up as a “creator” or “influencer or a brand”, your personal information and contact details may be shared with users of our Platform (such as brands or customers of DROM PR) and they may approach you with business or work opportunities. We do not mediate between you and the brands/customers and are not responsible in any manner for their practices. If they approach you, it will be at their own initiative. We do not guarantee any particular result.

Moreover: (A) We may facilitate payments to influencers/end users on behalf of brands, in which case we will use commercially reasonable efforts to facilitate the payment from the brand to the influencer/end-user. (B) To the maximum extent permitted by law, such payments shall be deemed made by the brand and not by DROM PR. (C) You acknowledge and agree that to the maximum extent permitted by law: (a) DROM PR is merely the facilitator of any such payments and the obligation to pay, and/or any other obligation, requirement or consequence, in relation to such payment or the transaction with the influencers/end users, resides solely with the brand; (b) except for the payment facilitation, DROM PR bears no responsibility or liability of any kind in relation to any such payments, including, without limitation, in relation to tax, anti-money laundering and/or any disputes between the brand and influencer or other end-users; and (c) that you shall not bring a claim or any form of legal action of any kind against DROM PR in relation to such payments. (D) You acknowledge that DROM PR uses third party payment systems for the payment facilitation and may, in the future, use other third-party payment systems and that: (i) such third parties have terms, conditions, and policies concerning the payment process which shall govern the payment process and prevail at all times, including, without limitation; (ii) Pay, or another third party as applicable, may discontinue or change the payment system in question which could delay or adversely affect the payment facilitation performed by DROM PR; and (iii) to the maximum extent permitted by law, DROM PR shall not bear any responsibility or liability of any kind in connection with (i) and (ii) above or for any action, omission and/or delay by, deriving from and/or related to such third parties and/or their payment systems. You shall cooperate in good faith with DROM PRin the event that a modification to these Terms is required under the agreement with third-party payment providers or facilitators.

9. Intellectual Property Rights.

Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the "Materials", the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of DROM PR and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “DROM PR”, the DROM PR logo, and other marks are Marks of DROM PR or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
- Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

10. User Submissions.

Responsibility. The Site may permit the submission, hosting, sharing and publishing of Content by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing, or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize DROM PR to use all Intellectual Property Rights (defined below) in and to your User Submissions and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles, and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
License to User Submissions. By submitting the User Submissions to DROM PR, you hereby grant DROM PR a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and DROM PR's business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources and that DROM PR is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive and hereby do waive, any legal or equitable rights or remedies you may have against DROM PR with respect to (i) and (ii) herein.
Spam. You agree not to, and will not, use the communications systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

11. Information Description.

We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

12. Links.

The Site may contain links and may enable you to post content, to third-party websites that are not owned or controlled by DROM PR. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release DROM PR from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.
DROM PR permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with DROM PR or present any false information about DROM PR and shall not imply in any way that we are endorsing any services or products unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibits linking to third parties; (v) such Third-party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

13. Privacy.

We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy or policies which are available at www.drompr.com.

14. Copyright Policy.

It is our policy to respect the legitimate rights of the copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with applicable law.

15. Warranty Disclaimers.

This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent, certain exclusions set forth herein may not apply.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. DROM PR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. DROM PR DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT DROM PR WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
DROM PR DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT DROM PR SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT DROM PR IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. DROM PR RESERVES THE RIGHT BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, DROM PR DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

16. Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DROM PR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF v HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DROM PR FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO DROM PR FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.

17. Indemnity.

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless DROM PR and our affiliates, and our respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.

18. Term and Termination.

These Terms are effective until terminated by DROM PR or you. DROM PR, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). To the maximum extent permitted by law, DROM PR shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 18 and Sections 9 (Intellectual Property Rights), 10. c (License to User Submissions), 13 (Privacy), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 17 (Indemnity), and 19 (Independent Contractors) to 22(General) shall survive termination of these Terms.

19. Independent Contractors.

You and DROM PR are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and DROM PR. You must not under any circumstances make, or undertake, any warranties, representations, commitments, or obligations on behalf of DROM PR. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by DROM PR without restriction or notification to you. Any prohibited assignment shall be null and void.

20. Governing Law.

DROM PR reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and DROM PR shall be governed by and construed in accordance with the laws of the INDIA, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in INDIA and waive any jurisdictional, venue, or inconvenient forum objections to such courts provided that DROM PR may seek injunctive relief in any court of competent jurisdiction.

21. General.

Notwithstanding anything to the contrary, (a) these Terms shall be construed, interpreted, and enforced on a “to the maximum extent permitted by law” basis and (b) these Terms are not intended to limit or cancel your statutory rights unless permitted by applicable law governing such rights, in which case, the limitation or cancellation shall be construed, interpreted and enforced to the maximum extent permitted by such applicable laws. These Terms shall constitute the entire agreement between you and DROM PR concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

22. SOCIAL APIS

DROM PR uses authorized data from Instagram, YouTube, Google, Facebook, Twitter, and other platforms (“Social Platforms”). Such data is collected and stored to power DROM PR features. You can request your authorized data be deleted from DROM PR by contacting enquire@drompr.com. For example, DROM PR uses YouTube, Google, Facebook, Instagram, Twitter, and other Social Platforms’ APIs to collect authorized data. You can learn more about each respective Social Platform’s terms of service and privacy policies via the links below:

You can revoke DROM PR's access to your data from YouTube, Google, Facebook, Instagram, and Twitter at any time via

contacting enquire@drompr.com

Since we believe that you should always understand how your data is used, if you have any questions about this, please contact us via enquire@drompr.com, enquire@drompr.com or enquire@drompr.com.

GDPR Readiness

DROM PR GDPR Readiness

DROM PR is committed to data privacy

DROM PR is and has always been committed to protecting personal data that is used to power its products and services, and to make sure that we and our customers comply with all relevant privacy obligations.

What main operations involve the processing of Customers’ and Influencers’ personal data?

DROM PR processes personal data in three ways:

DROM PR Influencer Data
CRM-Stored Influencer Data
Customer Data

DROM PR Influencer Data

DROM PR Influencer Data is information about social media influencers. This information is collected and aggregated from publicly available data on the Internet, it is indexed, ranked, organized, and analyzed using DROM PR's proprietary techniques and algorithms. With respect to this category of personal data, DROM PR is the data controller. DROM PR has been working closely with legal counsel, in an effort to ensure that it meets its obligations as a data controller with respect to this component of personal data. For DROM PR, the significant value created by its influencer marketing platform not only for its customers but also for the influencers themselves is the legitimate interest for which it collects and processes influencer data.

CRM-Stored Influencer Data

CRM-Stored Influencer Data is information the DROM PR customer inputs into the customer’s DROM PR account in the form of notes and other attributes about particular influencers. This information is viewable only by the customer that inputs the notes, is not accessible by DROM PR's other customers, and does not become part of DROM PR's general platform. With respect to this data, DROM PR is a data processor, and the customer that inputs this data into the customer’s account is the data controller. If you are a DROM PR customer, we are happy to execute a data processing agreement.

Customer Data

Customer Data is the information about each DROM PR customer and its employees that DROM PR collects in order to be able to provide its service to the DROM PR customer. This typically includes user name, sign-up/login details and is used to provide our Platform to our customers’ users.

DROM PR does not approach the GDPR as a one-time exercise. Instead, we believe in ongoing compliance, which is why we will periodically revisit our strategy and adjust it to the guidelines published by the relevant data protection authorities as well as to new rules and standards. You can read more about our privacy practices in our privacy notice. If you have further questions, please contact us at enquire@drompr.com.

Privacy Notice for Influencers

Last Modified: June 6, 2020

Welcome to drompr.com Ltd.'s (“DROM PR”, “we”, “us” or “our”) privacy notice for influencers (hereinafter “Privacy Notice”). We greatly respect your privacy. Please read this Privacy Notice carefully, so you can fully understand our practices in relation to the Personal Data of influencers.

OUR CONTACT DETAILS

E-mail: enquire@drompr.com
If you have any questions about this Privacy Notice, including any requests to exercise your legal rights referred to below, please contact us using the following email address: enquire@drompr.com.

IN A NUTSHELL

We gather publicly available information about influential individuals (“you”, “your” or “Influencer”). This collected information or personal data is made available on DROM PR's platform (“Platform”) for its users and brands to discover, evaluate and manage their engagement with influential people.

This Privacy Notice describes how we collect and use your Personal Data when it is used on our influencer database and your privacy rights. Please note that some provisions only apply to individuals in certain jurisdictions. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being. This Privacy Notice can be updated from time to time and, therefore, we ask you to check back periodically for the latest version. If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means. This Privacy Notice supplements the other notices.

OUR ROLE

As controller: DROM PR is responsible for the collection and protection of Personal Data that it collects from publicly available sources and adds to our Platform. As such, we are a controller (or equivalent under applicable data protection legislation) of the Personal Data which we obtain about you (excluding CRM-Stored Influencer Data).

As processor: When a business customer of DROM PR uses our Platform, that customer may enter information relating to influencers into its DROM PR account. To the extent that information constitutes Personal Data under the GDPR, that information (excluding that certain publicly available influencer data for which v is the controller) is referred to in this Privacy Notice as “CRM-Stored Influencer Data”. To the extent, we process CRM-Stored Influencer Data we generally do so as a processor (as defined in the GDPR or equivalent term under applicable data protection legislation) on behalf of that customer in respect of that CRM-Stored Influencer Data. This Privacy Notice does not apply to the processing of that CRM-Stored Influencer Data and the applicable customer will act as a controller in respect of that CRM-Stored Influencer Data and is responsible for obtaining all necessary consents and providing you with all requisite information as required by applicable law.

THE DATA WE COLLECT/PROCESS, AND HOW IT IS OBTAINED AND USED

We collect, use, store and transfer different kinds of publicly available Personal Data about Influencers which is obtained directly or indirectly via various data sources such as social media networks and other Internet sources. This Personal Data may include the following: Your contact details, name, user name, age, and affiliated organization (if applicable); Your social media profile and activity; Messages which you have shared publicly on social media; and any other information you manifestly make public. Moreover, we collect the same data described above of Influencers who reach out to us and request to be included on the Platform in which case we collect the same information described above as well as user name, email address, and password, provided voluntarily by you.
Our Platform uses algorithms to construct profiles about individual influencers and therefore we may use Personal Data to evaluate your behavior, preferences, and interests (among other things) in your capacity as an Influencer. This usage may be considered profiling. In particular, these algorithms may assess your reach (e.g. size of your social media audience), relevance (e.g. the contextual affinity of your content to DROM PR's customers' areas of interest), and resonance (e.g. audience engagement with your social media content) in various areas. To the extent DROM PR's processing constitutes profiling under the GDPR (to the extent applicable), you have the right to specifically object to the processing of your Personal Data for the purpose of profiling in accordance with paragraph 7 below. To learn more, please reach out to enquire@drompr.com.
We process your Personal Data mentioned above for the purposes of allowing users of our Platform to discover, evaluate and manage their engagement with Influencers, and to contact and interact with Influencers.
Legal basis: We collect and use Personal Data where it is necessary to pursue our legitimate interests and your interests and fundamental rights do not override those interests. For example, as part of these legitimate interests, the Platform may benefit you as an influencer by facilitating your connection with companies (and their brands) to enable those companies to reach out to you, and offer you work opportunities. In other words, there is a mutual benefit to both brands and influencers by empowering brands and influencers to build meaningful relationships for their shared gain. Where Influencers reach out to us and request to be included on the Platform, we collect and process their Personal Data with their consent or on the reliance of the following legal bases: legitimate interest (e.g. to process the Influencer’s request) and performance of a contract (i.e. the terms of use of DromPr.com applicable to influencers.

DISCLOSURES OF YOUR PERSONAL DATA

The abovementioned Personal Data is stored on third-party hosting providers. We share your information as follows:

With our business partners with whom we jointly offer products or services (e.g. DROM PR Partners) and brands that work with us.
With trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. We partner with trusted third parties to provide you with co-marketing content that we think may be relevant to you.
With service providers that we employ (e.g. other companies and people to provide services to visitors to our Websites, our customers, us, and users of the Platform) and who may need some of your information to provide information, products, or services to you or us (e.g. IT, system administration, and other services). Examples may include removing repetitive information from prospect lists, analyzing data or performing statistical analysis, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service or support.
With our affiliated companies, companies/entities of the drompr.com group, and our consultants/sales teams.
With professional consultants and advisors, including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services.
Third parties with whom we may be required to communicate in order to enforce or apply the terms of our agreements; or to protect the rights, property, or safety of DROM PR, our customers, our users, or others.
To the extent necessary, with regulators, courts, or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state, or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order.
If in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares, or assets to a third party, we may disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company.
Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

INTERNATIONAL TRANSFERS

Transfers to, and access from India. Where we transfer your Personal Data outside of DROM PR, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data. Feel free to contact us if you need further information on specific transfer mechanisms used by us when transferring your Personal Data out of the EEA.

HOW WE PROTECT AND STORE YOUR PERSONAL DATA

Security. We have implemented appropriate technical, organizational, and security measures designed to protect your Personal Data.

Retention of your Personal Data. We store and retain data for as long as we need it (amongst others, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements). In some circumstances, we retain your Personal Data as follows: (i) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (ii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

YOUR LEGAL RIGHTS

The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):

You have a right to access Personal Data held about you. Your right of access may normally be exercised free of charge, however, we reserve the right to charge an appropriate administrative fee where permitted by applicable law.
You have the right to request that we rectify any Personal Data we hold that is inaccurate or misleading.
You have the right to request the erasure/deletion of your Personal Data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your Personal Data, for example for the establishment, exercise, or defense of legal claims.
You have the right to object, too, or to request restriction, of the processing.
You have the right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller.
You have the right to object to profiling.
You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular, if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
You also have a right to request certain details of the basis on which your Personal Data is transferred outside India, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality.
You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work, or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

Refunds/Cancellations

Refund Policy

In the event of an erroneous transaction or cancellation necessitating a refund, the payment made for a service or product will be reimbursed either via direct credit or by cheque in accordance with our policy. Refund requests must be submitted within 4 days from the date of purchase. Beyond this period, refunds will not be facilitated for the services rendered. Additionally, after 24 hours from the date of purchase, 34% of the cost will be deducted, and the remaining amount will be refunded over a period of 48 hours.

Cancellation Policy

In the event of a cancellation, the premium paid for an insurance product will be refunded through direct credit or cheque, in accordance with the company's refund policy. Please note that cancellation is only possible within 24 hours from the date of purchase.

CONTACT US

R/C

Legal Concerns

We've assembled some key legal documents that explain how DROM PR interacts with and protects its website visitors, customers, and partners.

Table of contents:

WHAT INFORMATION DO WE COLLECT

HOW WE PROTECT AND STORE YOUR PERSONAL DATA

HOW WE SHARE YOUR PERSONAL DATA

ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

YOUR RIGHTS

USE BY CHILDREN

CONTACT US

1. Scope of License.

2. Intellectual Property Rights & Restrictions.

3. Consideration.

4. Taxes.

5. Technical Support.

6. Influencer Payments.

7. Confidentiality.

8. Disclaimer of Warranties.

9. Indemnification.

10. Further Requirements.

11. Third-Party Integration.

12. Limitation of Liability.

13. Term.

14. Termination.

15. Governing Law.

16. Jurisdiction.

17. Use of the Services by Service Providers.

18. Publicity:

19. Assignment.

20. Entire Agreement.

21. No Third-Party Beneficiaries.

22. Waiver.

23. Severability.

24. Force Majeure

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1. Background.

2. Modification.

3. Ability to Accept Terms.

4. Site Access.

5. Restrictions.

6. Account.

7. Payments to DROM PR.

8. Sharing Your Data With Brands and Customers. Influencer Payments.

9. Intellectual Property Rights.

10. User Submissions.

11. Information Description.

12. Links.

13. Privacy.

14. Copyright Policy.

15. Warranty Disclaimers.

16. Limitation of Liability.

17. Indemnity.

18. Term and Termination.

19. Independent Contractors.

20. Governing Law.

21. General.

22. SOCIAL APIS

DROM PR is committed to data privacy

What main operations involve the processing of Customers’ and Influencers’ personal data?

DROM PR Influencer Data

CRM-Stored Influencer Data

Customer Data

OUR CONTACT DETAILS

IN A NUTSHELL

OUR ROLE

THE DATA WE COLLECT/PROCESS, AND HOW IT IS OBTAINED AND USED

DISCLOSURES OF YOUR PERSONAL DATA

INTERNATIONAL TRANSFERS

HOW WE PROTECT AND STORE YOUR PERSONAL DATA

YOUR LEGAL RIGHTS

CONTACT US