Advertising Policy

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  1. Acceptance of Terms

    1. The following terms of service (the "Terms of Service") govern your access to and use of the Snips Advertising Platform. These Terms of Service form an agreement between Snips Media LLC ("Snips") and you. The term "you" refers to the person or entity accessing or using the Snips Advertising Platform, or browsing, purchasing Advertising Products (as defined below) or otherwise using applications distributed through the Snips Advertising Platform.
    2. By accessing and using (the term "use" when used herein in respect of the Snips Advertising Platform, shall mean access or use, and using shall have a corresponding meaning) the Snips Advertising Platform, you accept and agree to be bound by and comply with these Terms of Service. If you do not accept and agree to be bound by these Terms of Service, please do not access or use the Snips Advertising Platform.
    3. Snips is not affiliated with any Publisher, or its third party contractors or service providers. Other terms of service may apply to the services that are provided by Publisher and other third parties in conjunction with the Snips Advertising Platform, but only in respect of such third parties' services.
  2. Changes to these Terms of Service and the Snips Advertising Platform

    1. Except where prohibited by applicable law, Snips reserves the right to change these Terms of Service at any time without notice. Your continued access to or use of the Snips Advertising Platform after any changes to these Terms of Service indicates your acceptance of such changes. It is your responsibility to review these Terms of Service regularly.
    2. Snips reserves the right to change, including discontinue, temporarily or permanently, any aspect of the Snips Advertising Platform (or any part thereof) and any information, material or content (including, prices, features, list of Publishers (as defined below) and availability of applications) contained on the Snips Advertising Platform (the "Content") at any time, and from time to time, without notice. You agree that Snips will not be liable to you or to any third party for any modification, suspension or discontinuance of the Snips Advertising Platform (or part thereof).
    3. Unless explicitly stated otherwise, any new features that augment or enhance the Snips Advertising Platform, will be subject to these Terms of Service.
  3. Description of Snips Advertising Platform

    The Snips Advertising Platform provides a means for ad buyers to build advertising campaigns ("Advertising Campaigns") by purchasing and inserting advertisements and sponsored content (collectively, the "Advertising Products") on third party influencers’ social media accounts and publishers' (each, a "Publisher") websites, on behalf of advertisers (each, an "Advertiser") using the Snips Advertising Platform (the "Purpose").

  4. Payment Processing Information

    1. Advertising Payments. All payments for Advertising Products (each, an "Advertising Payment") will be made by you directly to Snips through the Snips Advertising Platform, and not to or through any of Snips’ Publishers. All Advertising Payments will be in U.S. dollars, unless otherwise determined by Snips.
    2. Payment Timing. You will submit a credit card for authorization of payment(s) for each Advertising Product on a prepaid (via credit card) basis ("Prepaid Payment") or postpaid basis ("Postpaid Payment"). Prepaid Payments will be authorized at the time the Advertising Campaign is submitted, for the full amount of the campaign. The Advertiser’s credit card will be charged on a weekly basis based on actual deliverables and the associated spend incurred over each seven-day period, as reported by the Snips Advertising Platform. Postpaid Payment will be net 30 days following your receipt of the invoice for such Advertising Product from Snips Media. Snips may provide you with Postpaid Payment terms upon your request, subject to you undergoing a credit check at your cost, conducted by Snips.
    3. Payment Liability. Snips will hold you, and not your Advertiser, responsible for all Advertising Payments. Snips may, in its sole discretion, preclude your future Advertising Products from being subject to Postpaid Payment terms, in the event of your late or non-payment of amounts owing for Advertising Products. Notwithstanding the foregoing, nothing in this subsection 4(c) will preclude you from obtaining Prepaid Payment terms on future Advertising Products in the event of your late or non-payment of an Advertising Payment.
    4. Under-Delivery of Advertisements. If actual deliverables (e.g. impressions, clicks or other desired actions) ("Deliverables") for any Advertising Campaign fall below guaranteed levels set forth on an insertion order, then:
      1. for an Advertising Campaign that is subject to Prepaid Payment, you will have the option to (1) receive a prorated refund from Snips for the amount of the Deliverables in respect of the Advertising Campaign that was under-delivered; or (2) extend the duration of the Advertising Campaign until all Deliverables in respect of the Advertising Campaign are delivered to you; or
      2. for an Advertising Campaign that is subject to Postpaid Payment, you will only be charged for the Deliverables actually delivered as of the end date of such Advertising Campaign.
    5. Tracking, Reporting and Invoicing. Snips will track and report the delivery of Advertising Campaigns (and Advertising Products) for the purposes of calculating advertising fees to be invoiced to you. For greater certainty, you may have the option to track and report delivery of Advertising Campaigns (and Advertising Products) using a third party ad server. However, tracking and reporting numbers from the Snips Ad Platform will be final and will not be subject to discrepancy resolution.
    6. Fees. In consideration of your use of the Snips Advertising Platform, you may be charged a fee, in accordance with the settings you select when you register for an account to use the Snips Advertising Platform (the "Fee"). Snips reserves the right, in its sole discretion, to change or add a Fee for your use of the Snips Advertising Platform.
  5. Your Registration Obligations

    In consideration of your use of the Snips Advertising Platform, you agree to: provide true, accurate, current and complete information about yourself as prompted by the Snips Advertising Platform registration form (such information, the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Snips has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Snips has the right to suspend or terminate your account and refuse any and all current or future use of the Snips Advertising Platform (or any portion thereof).

  6. Account, Password and Security

    You will create a password and account during the Snips Advertising Platform registration process using the available interface. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Snips of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Snips cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. Snips reserves the right to disable any account issued to you at any time in Snips' sole discretion. If Snips disables access to an account issued to you, you may be prevented from using or accessing the Snips Advertising Platform, your account details or any information that is stored with your account.

  7. Conduct and License to Information

    1. In using the Snips Advertising Platform, you understand that you are liable for all information, in whatever form, including all information in respect of Advertising Campaigns and Advertising Products ("Information"), you make available directly to Publishers, or indirectly to Publishers. By submitting Information to the Snips Advertising Platform, you grant Snips and its affiliates, a non-exclusive, royalty-free, perpetual, transferrable, irrevocable and fully sub-licensable right to
      1. use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Information throughout the world in any media, now known or hereafter devised, as required to provide the Snips Services; and
      2. use the name that you submit in connection with such Information, as required to provide the Snips Services.
    2. You agree not to use the Snips Advertising Platform to:
      1. upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. harm minors in any way;
      3. stalk or otherwise harass another user;
      4. impersonate any person or entity, including, but not limited to, a Snips representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      5. forge or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Snips Advertising Platform;
      6. upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      7. upload, post, email, transmit or otherwise make available any Information that infringes, misappropriates or violates any patent, trademark, trade secret, copyright or other proprietary rights of any third party;
      8. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
      9. interfere with or disrupt the Snips Advertising Platform or servers or networks connected to the Snips Advertising Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Snips Advertising Platform; or
      10. intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law.
    3. You acknowledge that Snips does not pre-screen any Information working in coordination with the Snips Advertising Platform, but that Snips and its designees shall have the right (but not the obligation) in their sole discretion to rescind your use of access to the Snips Advertising Platform. You acknowledge and agree that Snips may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with applicable laws; (ii) enforce these Terms of Service; (iii) respond to claims that any Information violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Snips, its users and/or the public. You understand that the technical processing and transmission of the Snips Advertising Platform, including your Information, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
    4. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
    5. Snips prohibits the promotion of products or services in the following categories:
      1. Adult or sexual products and services
      2. Drugs and drug paraphernalia
      3. Endangered species products
      4. Hate content, sensitive topics, and violence
      5. Illegal products and services
      6. Spyware and illegal hacking
      7. Tobacco and tobacco accessories
      8. Unauthorized ticket sales
      9. Weapons and weapon accessories
    6. Snips prohibits advertisements targeted to, and accounts from countries subject to U.S. trade sanctions and other U.S. export control laws. Individuals and entities subject to U.S. trade sanctions are also prohibited from signing up for a Snips account.
    7. Snips prohibits advertisements containing specific behaviors that are considered as spam, or advertisements that contain or redirect visitors to phishing links, malware, or other harmful codes or sites that alter the user's machine without notification or user consent.
  8. Snips' Proprietary Rights; Information; Licenses

    1. The Snips Advertising Platform and the Content, including all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed or presented to you on the Platform, are owned or licensed by Snips and are protected by copyright, trade-mark, service marks, patents or other intellectual property rights and laws.
    2. Except as expressly provided in these Terms of Service, any reproduction, duplication, re-transmission, distribution, re-publication, modification, adaptation, translation of, creation of derivative works based on, exploitation of, or participation in the transfer or sale of the Snips Advertising Platform or the Content, in whole or in part, and any de-compilation, disassembly, reverse engineering or other exploitation of the Snips Advertising Platform or the Content is strictly prohibited. Subject to the terms of these Terms of Service, Snips grants you a personal, non-transferable and non-exclusive right and license to access, view and use the Snips Advertising Platform and the Content for the Purpose, and to download, store and print single copies of items comprising the Content for the Purpose, provided that you maintain all copyright and other notices contained in such Content. If you violate any provision of these Terms of Service, your permission to use the Snips Advertising Platform and the Content automatically terminates and you must immediately cease use of the Snips Advertising Platform and destroy any copies you have made of any Content. In addition, you agree not to access the Snips Advertising Platform by any means other than through the interface that is provided by Snips for use in accessing the Snips Advertising Platform or the Content.
  9. Trademark Information

    Snips' trademarks and service marks, and other Snips logos and product and service names are owned by or are trademarks of Snips (the "Snips Ads Marks"). You agree not to display or use in any manner the Snips Ads Marks without Snips' prior consent.

  10. Linked Sites

    The Snips Advertising Platform may provide, or third parties may provide, links to other websites or resources ("Linked Sites"). Because Snips has no control over such Linked Sites, Snips is not responsible for the availability of such Linked Sites, does not guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, merchantable quality or fitness for a particular purpose and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Linked Sites. If you choose to access such Linked Sites, you do so entirely at your own risk and Snips shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such Linked Sites.

  11. Termination

    Snips may, in its sole discretion, terminate your account (or any part thereof) or your access to or use of the Snips Advertising Platform, and remove and discard any Information within the Snips Advertising Platform, for any reason, including, without limitation, for lack of use, or if Snips believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Snips may also in its sole discretion and at any time discontinue providing the Snips Advertising Platform, or any part thereof, with or without notice. You acknowledge that any termination of your access to or use of the Snips Advertising Platform under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Snips may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Snips Advertising Platform. Further, you agree that Snips shall not be liable to you or to any third party for any termination of your access to the Snips Advertising Platform.

  12. Confidentiality

    The Snips Advertising Platform and the Content provided is intended for use by and for the benefit of registered account holders only. You will retain in confidence and require your employees, agents and contractors to retain in confidence all information that Snips discloses to you through the Snips Advertising Platform and any information associated with the Snips Advertising Platform or the Content which would reasonably be viewed as confidential in the circumstances of the disclosure ("Confidential Information"). The foregoing obligations will not apply to: (i) information that is or becomes generally publicly available through no fault of you; (ii) information that you obtain from a third party who is under no obligation of confidentiality; or (iii) information that you independently develop. You may disclose Confidential Information if required to be disclosed pursuant to a lawful order of a court or a person having jurisdiction to make such an order, provided that, if permitted by law, you notify Snips and, provide it an opportunity to obtain a protective order regarding confidentiality of the Confidential Information.

  13. Disclaimer of Warranties

    1. THE SNIPS ADVERTISING PLATFORM AND THE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. YOUR USE OF THE SNIPS ADVERTISING PLATFORM AND THE CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SNIPS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SNIPS ADVERTISING PLATFORM AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SNIPS ADVERTISING PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. SNIPS MAKES NO WARRANTY, REPRESENTATIONS OR CONDITIONS THAT (i) THE SNIPS ADVERTISING PLATFORM AND THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SNIPS ADVERTISING PLATFORM AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, COMPLETE, CURRENT, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SNIPS ADVERTISING PLATFORM AND THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SNIPS ADVERTISING PLATFORM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SNIPS ADVERTISING PLATFORM AND CONTENT WILL BE CORRECTED.
    2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SNIPS ADVERTISING PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNIPS OR THROUGH OR FROM THE SNIPS ADVERTISING PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
  14. Limitation of Liability

    1. SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL SNIPS, ITS SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT SNIPS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SNIPS ADVERTISING PLATFORM OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SNIPS ADVERTISING PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SNIPS ADVERTISING PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE SNIPS ADVERTISING PLATFORM.
    2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THESE TERMS OF SERVICE SECTIONS MAY NOT APPLY TO YOU.
    3. NOTWITHSTANDING THE PREVIOUS PARAGRAPH, IF SNIPS IS FOUND TO BE LIABLE, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) YOUR TOTAL ADVERTISING PAYMENTS COLLECTED BY US IN RESPECT OF THE ADVERTISER CAMPAIGN OR ADVERTISING PRODUCT GIVING RISE TO THE CLAIM, AND (B) $100.
  15. Indemnity and Release

    1. You will indemnify and hold Snips, its suppliers and their respective officers, directors, employees or agents, harmless from any claims, suits, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable attorneys' fees, made by any third party due to or arising out of (i) Information you submit, post, transmit or make available through the Snips Advertising Platform; (ii) your use of the Snips Advertising Platform or the Content; (iii) your connection to the Snips Advertising Platform; (iv) your violation of the Terms of Service; or (v) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights).
    2. Your use of the Snips Advertising Platform and the Content will not be made the basis for any claim, suit, demand or cause of action or other proceeding against Snips, its suppliers and their respective officers, directors, employees or agents (collectively referred to herein as the "Releases"). You further agree to release, indemnify and hold harmless the Releases from all liability in any way relating to or arising in connection with your use of the Snips Advertising Platform and the Content including injuries, loss or damage of any kind. The Releases have not made, and are not liable for, any representation, warranty or condition in respect of the Snips Advertising Platform and the Content.
  16. Notice

    Notices to you may be made via either email or regular mail. The Snips Advertising Platform may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Snips Advertising Platform.

  17. General Information

    1. Entire Agreement. These Terms of Service constitute the entire agreement between the Parties with respect to the subject matter of the Terms of Service and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written, unless they are expressly incorporated by additional reference in the Terms of Service.
    2. Choice of Law. These Terms of Service are governed by and construed in accordance with the laws of the State of Illinois and the federal laws applicable therein. You and Snips irrevocably and unconditionally consent, hereby submits to the non-exclusive jurisdiction of the courts of Illinois and all courts competent to hear appeals from them for the purpose of any action or proceeding brought by either of them in connection with or arising out of these Terms of Service.
    3. Arbitration. Any controversy or claim arising out of or relating to the Terms of Service or the provision of Snips Advertising Platform shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and Snips agree to submit to the personal jurisdiction of the courts located within the city of Chicago, Illinois. Either you or Snips may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois necessary to protect the rights or property of you or Snips (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
    4. No Waiver; Enforceability. The waiver or failure of either Party to exercise any right in any respect provided for herein will not be deemed a waiver of any further right hereunder. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision shall be modified and enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.
    5. Independent Contractors. Snips relationship with you will be that of an independent contractor. Nothing in these Terms of Service is to be construed as designating either party as an agent, employee, joint venture or partner of the other party. Neither party shall have the authority to serve as agent for the other party, to make any statement, representation or commitment of any kind on behalf of the other party not to take any action which may be binding on the other party. Snips may subcontract any Snips Advertising Platform to be performed hereunder without your consent in each instance.
    6. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Snips Advertising Platform or the Content or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    7. Survival. Any terms and conditions of these Terms of Service which by their nature extend beyond the termination of these Terms of Service shall survive such termination. This includes, without limitation Section 7 (Conduct), Section 8 (Snips’ Proprietary Rights; Information; Licenses), Section 9 (Trademark Information), Section 12 (Confidentiality), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnity and Release), Section 17 (General Information) and Section 19 (Privacy Policy).
    8. Titles. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
  18. Violations

    Please report any violations of these Terms of Service to report-abuse@snipsmedia.com.

  19. Privacy Policy

    The Snips Privacy Policy is available here, the terms of which are incorporated herein, and you agree that the terms of such policy are reasonable. You consent to the use of your personal information by Snips and/or its third party providers and distributors in accordance with the terms and for the purposes set forth in such privacy policy.

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