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Help us provide better recommendations

We want you to know exactly how TrendMD works and why we need your consent in order to provide better recommendations.

Whenever you visit or interact with the Service, TrendMD, may use a variety of technologies that automatically or passively collect information about how the Service is accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, an estimate of your geographic location associated with your IP address, the page served, the time, referring URLs and other information normally transmitted in HTTP requests.
Read our privacy policy

The majority of our users choose to opt-in and get relevant recommendations to them.

Choose one of the two options below

Access and portability

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In order to proceed with this procedure we need to verify your identity:

Erasure

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In order to proceed with this procedure we need to verify your identity:

Restriction of processing

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In order to proceed with this procedure we need to verify your identity:

Do Not Sell My Personal Information

Because you are a California resident, you have the right to opt out of our sales of certain information relating to individuals and households subject to the California Consumer Privacy Act of 2018.

To exercise this opt-out right, please click the opt out checkbox below.

You may also submit a request via email at [email protected].

Please note that if you use multiple browsers, computers, and/or mobile devices, you must opt out from each browser, computer, and/or mobile device.


TrendMD needs to place on the visitor’s device, and subsequently access, cookie(s) containing a specific identifier(s) to be able to identify a widget/website/blog visitor across browsing sessions when the same device, browser, and profile are used. Please be aware that blocking or deleting certain TrendMD cookies (i.e. cookies can’t be created or accessed) prevents us from fulfilling your request in full.




Google Analytics opt-out

TrendMD uses tracking technologies like Google Analytics that help recognize your visit and track visitors' use of and interaction with the services across our network (widget, website, blog). TrendMD has enabled Advertising Features, thus enabling Google Analytics to collect data about your traffic via Google advertising cookies and identifiers, in addition to data collected through a standard Google Analytics implementation. View our privacy policy for more information.

You can opt-out of Google Analytics Advertising Features through Ads Settings and Ad Settings for mobile apps. Other opt-out means include http://optout.networkadvertising.org/ and http://www.networkadvertising.org/mobile-choice.

To prevent your data from being used by Google Analytics (to opt out), click here.

Data subjects within the European Economic Area (the EEA) can revoke the consent provided for the use of Google Analytics and related cookies across the TrendMD network (widget, website, blog) using the dedicated section — Google Analytics Consent.

Google Analytics is a registered trademark of Google, Inc.

Google Analytics consent

TrendMD uses tracking technologies like Google Analytics that help recognize your visit and track visitors' use of and interaction with the services. We use this data to determine the number of people using our widget, website, and blog, to better understand how they find, and use our products and to see their journey through our network (widget, website, blog).

We consider Google to be a third party data processor.

Google Analytics records data such as your geographical location, device, Internet browser and operating system. We request Google Analytics to apply IP anonymization, so your computer’s IP address is masked.

Google Analytics makes use of cookies, details of which can be found on Google’s developer guides. TrendMD has enabled or may enable Advertising Features, thus permitting Google Analytics to collect data about your traffic via Google advertising cookies and identifiers, in addition to data collected through a standard Google Analytics implementation.

Advertising Features that we are using or we may use include: remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting, integrated services that require Google Analytics to collect data for advertising purposes, including the collection of data via advertising cookies and identifiers.

TrendMD is using or may use interest-based advertising.

You can opt-out of Google Analytics Advertising Features through Ads Settings and Ad Settings for mobile apps. Other opt-out means include http://optout.networkadvertising.org/ and http://www.networkadvertising.org/mobile-choice.

To opt out of Google Analytics, click here.

Google Analytics is a registered trademark of Google, Inc.

For data subjects within the EEA:
When you provide consent for the use of Google Analytics and related cookies across the TrendMD network (widget, website, and/or blog), a TrendMD cookie containing randomly-generated unique identifiers will be placed on your device. If already present, the cookie will be updated. The related identifiers, which include Google Analytics Client ID(s), will also be sent to TrendMD in order to record your consent on our server. Information on the source website may be included, as well. If the aforementioned consent is revoked, our server will be updated accordingly. Google Analytics Client ID(s) are not in any way related to your true identity (i.e., knowing your Google Analytics Client ID will not allow us to know your name and address).
It should be noted that in order for us to be able to comply with the GDPR-related requests made by the users located in the EEA, such as a request to share collected data or a request for data erasure, even after you revoke Google Analytics consent, we will not delete the cookie from your device. At any time you can delete the cookie on your own (see here how to clear cookies on popular browsers). However, be aware that by deleting the cookie you are waiving your GDPR rights for access, rectification, erasure, and portability (without the cookie, we will not be able to identify your personal data and, therefore, comply with your requests).

View our privacy policy for more information.

TrendMD opt-out

You may receive particular and/or personalized recommendations because they were selected for you based on your location (IP address) or prior online behavior. This means that we have matched your online behavior to the kinds of recommendations that might be useful or interesting to you.

TrendMD respects your privacy as a user, and allows you to opt-out from TrendMD targeting and/or interest-based recommendations at any time. The opt-out process does not mean that you will no longer receive recommendations. You may still see recommendations when viewing our widget, but they will not be tailored based on your location or online behavior.

The options below allow you to notify us to stop providing you personalized recommendations based on your location (IP address) and/or prior online behavior.

Please note that if you use multiple browsers, computers, and/or mobile devices, you must opt out from each browser, computer, and/or mobile device.


Last Updated: 3 Aug 2017

Here at TrendMD, one of our key differentiators is that our network is filled with high-quality, reliable scholarly content from premium publishers, marketers, and brands. Our overlying goal is to create a great user experience for scholarly readers around the world.

TrendMD accepts scholarly content, that you’ve published, produced yourself or co-authored with others. If you promote peer-reviewed content published behind a paywall, only those with a subscription to that online journal will be able to see your full-length article.

In our experience, readers enjoy and share content they find interesting. The more interesting your content, the more likely it is to be distributed across our network and discovered by our readers.

While we may not identify problematic content before it goes live, content will be blocked post-launch if we feel it compromises the safety, positivity, and/or quality of our network. In addition, any content linked to from the TrendMD service that is not identical to the content submitted to TrendMD for pre-approval shall be immediately removed. Furthermore, our distribution partners may choose to block specific pages or entire sources. If any customer is blocked by a significant portion of our publisher network, TrendMD may choose to terminate their campaigns. Any advertiser who repeatedly violates our guidelines will be blocked from the TrendMD network.

What is scholarly content?

Scholarly content is generally content that is based on original research or experimentation. The original research is written by a researcher or expert in the field who is often affiliated with a college or university, and in some cases industry. Original research often appears in scholarly journals or books that are published by academic presses, are subject to a peer-review process, which means that other "experts" or specialist in the field evaluate the quality and originality of the research as precondition of publication.

Acceptable scholarly content includes:

  • Published peer-reviewed content that has been published in scholarly journals (ex. Nature, The New England Journal of Medicine, etc.)
  • Abstracts, conference proceedings, white papers, protocols, pre-prints
  • Non peer-reviewed content that is based on original research or experimentation. For example, scholarly content may be an article about the efficacy of a new drug, which is based on peer-reviewed literature.
  • Non peer-reviewed content that has relevancy to doctors, researchers, and/or other academics.
    • All content submitted to TrendMD is screened for quality.

TrendMD, Inc. reserves the right to reject any content for any reason at our sole discretion. Furthermore, our distribution partners may choose to block specific pages or entire sources at their sole discretion.

We accept authentic, value-adding sponsored scholarly content and affiliate marketing with editorial substance beyond mere promotion of a product or service, and where there is clear and conspicuous disclosure of true author and ownership. Any financial relationship between the host site and sponsoring advertiser must be disclosed in accordance with FTC guidelines.

Affiliate marketing sites must adhere to the following guidelines:

  • -As with all content on TrendMD’s network, affiliate sites must provide clear informational value to the user beyond promotion or information of the product or service
  • -Any affiliate links must be within the context of the content and provide value
  • -Affiliate sites that use misleading editorial practices or whose sole purpose is to link or redirect traffic to the parent company or to a different site will not be allowed

Sponsored content must not employ misleading techniques, including but not limited to:

  • -Using trademarks/logos of known brands without their express permission
  • -Hosting content on a domain that misleads the user
  • -Using fake comments that appear to be from real individuals
  • -Employing unsubstantiated claims to promote a product/service

Last Updated: 3 Oct 2019

The following Terms of Use (these "ToU") govern your (hereafter "you", "your", "user") use of the products and services available at the website located at the URL www.trendmd.com (the "Site"), which was created, and is controlled and operated by TrendMD Inc. ("TrendMD," "we," "us," or "our"). As further described below, the Site features TrendMD’s proprietary recommendation technology in its various forms (collectively, the "Service", or "Software") which may be used on the Site, or on your website or your affiliated websites via any software code that we may make available to you from time to time (such user is hereinafter, a "Partner"), used in accordance with these Terms of Use. By accessing this Site or using any part of the Service, you agree to be bound by these ToU. If you do not agree to all of these ToU, then you may not access the Site or use the Service. Your right to use the Site and the Service is expressly conditioned upon your assent to all of these Terms of Use, to the exclusion of all other terms. The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity.

1. This is a Legally Binding Agreement between you and TrendMD

By accessing the Site and/or using the Service, you are manifesting your agreement to the ToU and the Privacy Policy, incorporated herein by reference. These requirements may change as the Service evolves. You are responsible for any Internet connection fees that you incur when accessing the Service.

TrendMD will revise this ToU as the Site and/or Service evolves. By using the Site and/or Service, you agree to the then-current version of this ToU as posted on the Site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Service.

2. Description of Services

Through the Site you may select from a variety of Services offered as described below. The Services we provide pertain to hyperlinks to peer-reviewed articles and/or content published in accredited journals and/or websites as determined by TrendMD ("Content") on the Site, displayed via the Software and accessed by users of your website, and provided by you and promoted through the Services. You are granted access to the TrendMD dashboard ("Dashboard"), which displays Data, and allows you to control certain settings of the Service.

  1. How we collect, analyze, and store your content. Our Software uses automated software, known as "robots" or "crawlers", to fetch your files for inclusion in recommendations. Your website needs to be structured in a way that makes it possible to either "crawl" it in this manner, or download directly via an API. In particular, automatic crawlers need to be able to discover and fetch the URLs of articles you designate.
    1. Our Software crawls the publicly available content from your registered websites.
    2. If granted access, our Software indexes non-publicly available content from your registered websites via an API provided by you.
    3. Download publicly and/or non-publicly available content (i.e. abstracts, full-length articles)
    4. Store publicly available content in a private database
    5. Parse page to isolate meta data. Our software uses automated software, known as "parsers", to identify bibliographic data of your papers, as well as references between the papers. Incorrect identification of bibliographic data or references will lead to poor indexing of your site. Some documents may not be included at all, some may be included with incorrect author names or titles, and some may rank lower in the search results, because their (incorrect) bibliographic data would not match (correct) references to them from other papers. To avoid such problems, you need to provide bibliographic data and references in a way that automated "parser" software can process.
    6. Use these data in future to improve recommendations presented on your registered websites.
  2. Insertion of Recirculation Content. You shall use our Software and Services to display links on your registered websites to your Content ("Recirculation Content"). While TrendMD and its Software endeavours to provide relevant Recirculation Content, TrendMD makes no representation or warranty regarding the relevance or appropriateness of any Recirculation Content.
  3. Insertion of Third-Party Promoted Content and Exchange Content. You shall use our Software and Services to display links on your registered websites to third-party, published, peer-reviewed and/or scholarly content ("Third-Party Promoted Content"). You can block up to a certain number of Third-Party Promoted content sources with the Dashboard, or as many sources up to your discretion if negotiated with TrendMD and approved in writing. You shall earn 0.5 "traffic credits" for every one click that occurs on Third-Party Promoted Content. Traffic credits are accumulated in your credit balance displayed in your Dashboard. One "traffic credit" is equal to one visitor back to your registered websites via links to your content displayed on third-party sites in the TrendMD Network ("Exchange Content"). You shall spend one traffic credit for every one click that occurs on your Exchange Content. TrendMD shall continue to distribute your Exchange Content until your credit balance is 0 credits. TrendMD makes no representation or warranty or guarantee regarding the relevance of the websites where your Exchange Content may be displayed, or the relevance of the Third-Party Promoted Content that may be displayed. This portion of the Service is provided at no charge to you.
    1. Revenue Share: Unless negotiated otherwise on a per-case basis with TrendMD, if your registered website has less than 1 Million visitors per month, you are required to use the Exchange Content service. If your registered websites have >1 Million visitors per month, you will earn a a revenue share from clicks on Third-Party Promoted Content. The revenue share ("Revenue Share") payable to you will be up to 50% of the net revenues actually received by TrendMD in respect of such traffic, at a cost-per-click, as determined by TrendMD in its sole discretion. Revenue Share payments shall be made in accordance with the relevant section "Revenue Share" below.
    2. In case you are earning revenue share from clicks on Third-Party Promoted Content service, you can terminate the current agreement and remove the TrendMD widget from your website, with or without cause, only upon delivering a 90 day Notice of Termination.
      Termination shall be effective on the ninetieth (90th) day after the date of actual receipt of such notice by the non-terminating party (TrendMD).

      Suppose, within the 90 days after Notice of Termination has been filed, you decide to uninstall the TrendMD widget from your website, you will be obliged to pay all financial losses cause to TrendMD that result from this action.
      TrendMD will calculate the actual prejudice based on its historical figures of website traffic.
  4. Insertion of your Promoted Content. You may elect to use our Software and Services to have links to your Content displayed on the websites of other users in the TrendMD Network ("Promoted Content") for a fee negotiated with TrendMD at the time of purchase of traffic credits. You shall spend one traffic credit for every one click that occurs on your Promoted Content. TrendMD shall continue to distribute your Promoted Content until the earlier of: (i) your credit balance is 0 credits, or (ii) you disabling Promoted Content through the Dashboard. TrendMD makes no representation or warranty or guarantee regarding the relevance of the websites where your Promoted Content may be displayed.
  5. Professional and Enterprise Plans. You may elect to subscribe to additional Services offered by TrendMD. TrendMD provides a suite of Services that grants subscribers access to additional traffic, analytics, and customization and control options. The Professional Plan starts at $250 USD per month, and can be cancelled or renewed at any time.

3. Termination of Service

TrendMD reserves the right to deny service to any person and to reject any Content in TrendMD's sole and absolute discretion for any reason. The Service is offered with the understanding that TrendMD may terminate any account registered to you and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of this ToU. TrendMD may stop offering and/or supporting the Service or any portion thereof at any time.

4. Accounts and Security

  1. Eligibility. You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.
  2. Account. To access the Service, you must have an account. You can create an account by completing the registration process on the Site. By registering, you will have the ability to control certain settings for the Service. Depending upon which Services you select, you may be required to supply contact and other information.
  3. Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of the account password. You agree to notify TrendMD immediately if you believe that an account password may have been compromised.
  4. Account Sharing or Transfers. You may not share or transfer any account, except that you may permit your minor child to use an account registered to you so long as you accept full responsibility for the conduct of that child. You may not disclose your password to anyone else.
  5. Cancellation by You. You have the right to cancel any account registered to you at any time. You may cancel any account registered to you by following the instructions on the Site.
  6. Effect of Account Termination or Cancellation. If you voluntarily terminate an account or allow that account to lapse, you may reactivate that account at any time through the account interface on the Site. Accounts terminated by TrendMD for any type of abuse, including without limitation a violation of this ToU, may not be reactivated for any reason.

5. Privacy and Cookie Policy

  1. Information we collect automatically: Whenever your users visit or interact with the Service, TrendMD, may use a variety of technologies that automatically or passively collect information about how the Service is accessed and used ("Usage Information"). Usage Information may include, in part, browser type, operating system, an estimate of your geographic location associated with your IP address, the page served, the time, referring URLs and other information normally transmitted in HTTP requests. This statistical data provides us with information about the use of the Service, such as how many visitors visit a specific page on which the Service is installed, how long they stay on that page, the type of content on that page, which hyperlinks, if any, they "click" on and how they generally engage with that page. This information helps us keep the Service fresh and interesting to our users and tailor content to each visitor’s interests. Usage Information is generally non-identifying, but if TrendMD associates it with you as a specific and identifiable person (for example, because you have registered for the Service), TrendMD treats it as "Personal Information" (i.e. information that could reasonably be used to contact you or to identify you personally, such as your name, e-mail address, telephone number, or home address) and will use it to provide you with more targeted recommendations.
    1. We also automatically collect your IP address or other unique identifier "Device Identifier") for each computer, mobile device, technology or other device (collectively, "Device") you use to access the Service. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify each Device by its Device Identifier.
  2. Our Service uses several different technologies to collect Usage Information, including Device Identifiers. These may include, without limitation:
    1. Cookies. Cookies are small text files placed on a Device when the Device is used to visit the Service. We may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while using the Service, including by better tailoring internal recommendations and promoted content to your preferences over time. For example, we may use your web browsing information to try to show you specific recommendations and sponsored recommendations that we think will be of particular interest to you. We also use cookies in order to keep you logged in to the Service if you register with us. Cookies allow us to collect technical and navigational information, such as browser type, time spent on the Service and pages visited. Cookies may include a Device Identifier along with information about the particular type of content in which you have shown interest. Cookies also allow us to select which content is most likely to appeal to you and display that content while you are using the Service.

      If you click on a link to one of our promoted content recommendations, the customer sponsoring the promoted link may place a cookie on your Device as well, in which case you will be subject to their privacy policy. Please note that you are subject to the privacy policies of each site you visit - if TrendMD is installed on that site, you are subject both to this Privacy Policy and the policy of the web site owner. If users would prefer not to accept cookies, they can do this by activating the setting on their browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies, please be aware that some functions and features of the Service may not work properly because we may not be able to recognize and associate you with your TrendMD account. In addition, we may not be able to tailor our recommendations as well as we would be able to if you had not blocked the cookies.
    2. Pixel tags. A pixel tag is a transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed. In addition, a pixel tag may tell your browser to get content from another server.
  3. How we store and use the information we collect: TrendMD uses the information we collect about and from you for a variety of business purposes, including for example, to: respond to your questions and requests; provide you with access to certain functions and features of the Service; verify your identity; communicate with you about your account and activities using the Service and to tailor content recommendations we serve you; improve the Service and for internal business purposes; process applications and transactions. We store these collected data indefinitely on our encrypted servers.
  4. Sharing of information: We may share Personal Information and/or Device Identifier data with third-parties. We may share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information with third parties. We may combine your Usage Information with those of other users of the Service in order to share trend information with third parties. For example, we may use your Usage Information to tell a prospective sponsor how many people in the TrendMD network visit journal web sites and/or articles each month.

6. Software License

  1. License Grant. Subject to the terms of this ToU any corresponding publisher or services agreement, TrendMD hereby grants a limited, non-exclusive, personal, non-sublicensable, non-assignable license to (i) download, install and use the Service and any application program interface or any other software code that we may make available to you from time to time provided by TrendMD (collectively, the "Software") to develop, reproduce and distribute promotional capabilities that interoperate with the Site or any other web property owned by TrendMD; (ii) any TrendMD end-user documentation, solely when bundled with Service; and (iii) any upgrades, updates and new versions of the Software and related Services, as further described below. Such license shall include the right to use any TrendMD intellectual property rights associated with or related to use of the Software, other matters related to the Service, and the TrendMD end user documentation, solely in connection with the use of the Service as described above. The Software may only be used in connection with the Service and in accordance with this ToU and any rules, restrictions or documentation set forth by TrendMD from time to time.
  2. Third Party Software and Services. The Software may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements (including, without limitation, terms of use and terms of service posted on third party websites), and you agree to look solely to the applicable third party and not to TrendMD to enforce any of your rights in relation thereto. As between you and TrendMD, all modifications or enhancements to the Software and Service remain the sole property of TrendMD. You understand that TrendMD, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder and disable any Software you may already have accessed or installed without prior notice. TrendMD reserves the right to add or remove features or functions to the Software at any time in its sole discretion. You acknowledge and agree that TrendMD has no obligation to make available to you any subsequent versions of its software applications.
  3. Proprietary Rights. As between you and TrendMD, the Service, the Software, all data and information generated thereby and all intellectual property rights in and to the Software are and shall at all times remain the sole and exclusive property of TrendMD and are protected by applicable intellectual property laws and treaties. All data and other information related to the Site or collected by way of the Service on any website shall be the sole property of TrendMD. You acknowledge that you do not acquire any ownership rights in or to the Service or such data; however you can user the data for internal purposes.
  4. End-User Licensing. You agree that for each of your websites and/or software product(s) that use the rights granted herein, such website's terms and conditions will include terms to ensure that the Service, the Software and any data and other information generated thereby shall be at least as protected as: (i) your own proprietary software applications, and (ii) such materials are protected by these ToU. Additionally, the privacy policy of the applicable website and/or software product(s) should explain that the data and other information generated by the Software and Services is routed to a third party who owns such data, but such routing does not include any personally identifiable information. You agree to include in such terms and conditions for use outside of the United States any country-specific provisions needed to comply with the foregoing, and agrees to enforce the terms and conditions applicable to the Service, the Software and any such data contained in such license

7. Restrictions and Conditions of Use

  1. Use of Site and Service. As a condition of use, you acknowledge and agree that you may not use the Service for any purpose not reasonably intended by TrendMD. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, software or services obtained from the Site. TrendMD reserves the right to add or remove information, Content or Services from the Site at any time at its sole discretion.
  2. No Violation of Laws. You agree that you will not, in connection with your use of the Site, Software or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Software, Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
  3. Software License Restrictions. Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Service or any copy of the Software; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Software or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of TrendMD; or (iv) make any false, misleading or deceptive statement or representation regarding TrendMD and/or the Software or Service.
  4. Misuse of Site and/or Service. You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person's use of the Site and/or Service; (b) attempt to gain unauthorized access to the Site, Service, accounts registered to other users, or the computer systems or networks connected to the Site and/or Service; (c) use the Site and/or Service for any illegal or unauthorized purpose; (d) use the Site and/or Service to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any TrendMD user; (e) use the Service to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content; or (f) use the Service with the intention of artificially inflating, deflating or altering the Service, including by way of creating separate user accounts for the purpose of artificially altering TrendMD's services; artificially inflating clicks on Promoted Content or participating in any other organized effort that in any way artificially alters the results of the Service. Furthermore, you may not use the Site or Service to develop, generate, transmit or store information, including any Content that, or use the Service on any website, that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site and/or Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding TrendMD and/or the Software or Service; (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias); (ix) displays adult, obscene, pornographic, libelous, infringing, abusive or defamatory content; (x) participates in, or encourages participation in, illegal activities; (xi) promotes hate or discrimination; or (xii) facilitates the sale of firearms or illegal drugs. TrendMD may remove any Content from the Site and Service for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), at any time.
  5. No Commercial Uses. Except as provided in this ToU, you agree that you will not use the Software, the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Software, the Site or Service.
  6. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service, including without limitation email information of other account holders or other Software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Software or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Software, the Site or the Service.

8. Links

  1. Links from the Site and Services. The Site may contain, and Services may generate, links to websites operated by other parties, including Promotional Content, Exchange Content and other user Content. The use of these websites is at your own risk. The linked websites are not under the control of TrendMD, and TrendMD is not responsible for the content available on the other websites. Such links do not imply TrendMD's endorsement of information or material on any other website and TrendMD disclaims all liability with regard to your access to and use of such linked websites.
  2. Links to the Site. Unless otherwise set forth in a written agreement between you and TrendMD, you must adhere to TrendMD's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with TrendMD's and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with TrendMD, (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking Site, and (iv) TrendMD reserves the right to revoke its consent to the link at any time and in its sole discretion.

9. Representations and Warranties

You represent and warrant to TrendMD that (a) you are the owner (or is otherwise the authorized licensee) of the copyright or other intellectual property rights in any Content provided to TrendMD hereunder, and have the right to deliver to, and to authorize TrendMD to, display, perform, distribute and exploit such Content in the manner contemplated by this ToU without additional fee or payment whatsoever to any third party, (b) you shall not impersonate any person or entity or otherwise misrepresent its affiliation with a person or entity; and (c) none of your Content shall violate the terms of Section 7.D.

10. Intellectual Property

  1. Trademarks. TrendMD hereby grants you a personal, limited, non-exclusive, non-transferable, fully-paid license to use the marks, graphics, logos, designs, page headers, button icons, scripts, and service names comprise registered and unregistered trademarks, service marks and trade dress of TrendMD in Canada and/or other countries (the "TrendMD Marks") in conjunction with your use of the Software or the Service on any pages of your websites or affiliate websites that feature any aspect of the Service. You may publish blog posts on your blog or affiliate blogs that include the use of TrendMD Marks at any time without additional authorization by TrendMD, provided that you make reasonable efforts to send the blog post to TrendMD prior to or concurrent with publishing thereof. Nothing in this Agreement grants you ownership or any rights in or to use the TrendMD Marks, except in accordance with this license. Under no circumstances may you disparage or otherwise abuse the TrendMD Marks, nor violate any terms of these ToU. The rights granted to you in this license will terminate upon any termination or expiration of this ToU and you will no longer make any use of any TrendMD Marks.
  2. Copyright. The Site, Service and Software and the content made available through the Site, Service and Software are protected by Canadian and international copyright laws. Except for your use of the content in connection with the Service you may not use, modify, reproduce or distribute any of the content, or the design or layout of the Site, Service or Software, or individual sections of the content, design or layout of the Site without TrendMD's express prior written permission.
  3. Copyright Agent. TrendMD respects the intellectual property rights of others, and requires that the people who use the Site and the Service do the same. TrendMD maintains a policy of termination in appropriate circumstances of users who use the Site and/or Service for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
    1. Your address, telephone number, and email address;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the alleged infringing material is located;
    4. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
    5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Paul Kudlow
TrendMD Inc.
101 College St. Suite 402
Tel: 416-568-4345
Email: [email protected]

11. Location

The Site and the Service are operated by TrendMD in Canada. Those who choose to access the Site, and/or the Service from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws.

12. Submitted Content

TrendMD does not claim ownership of any Content you make available through the Service. .If supplied by you, you shall supply Content to us in such formats and as otherwise consistent with our current and prevailing specification requirements. You agree that TrendMD may use your name, your co-authors name, the publisher, as well as any other relevant data from your Content, in its marketing materials and web sites as part of a list of its customers, and in any advertisement, news release or other publication of TrendMD for the purpose of publicizing these ToU and/or TrendMD's relationship with you. TrendMD reserves the right to set your campaign live once the funds have been added to your account and content has been approved by our team.

13. Reporting; Terms of Payment

  1. Revenue Share. If you have elected to display Third-Party Promoted Content, TrendMD will report the results of any Revenue Share earned by you via an online reporting tool that may be accessed by you to review pertinent Revenue Share. Revenue will be accumulated as credits in your account credit balance. You will be paid the Revenue Share based on the number of credits and equivalent monetary value per credit that have accumulated in your credit balance over the previous 30-day period. TrendMD shall make Revenue Share payments within 30 days of the end of the month, provided that TrendMD shall not be obligated to make any payment to you until you have earned an aggregate of $50.00 of unpaid Revenue Share.
  2. Weekly Subscription for Traffic. If you have elected to insert your Promoted Content, you shall pay TrendMD the fees described on the TrendMD Site at the time of purchase. Payment is collected in advance of visitors delivered to your Promoted Content. TrendMD will invoice fees to you on Sunday evening of each calendar week at a rate of $1 USD per 1 traffic credit. Your Weekly Subscription for Traffic can be cancelled at anytime via your reporting dashboard on the TrendMD Site. Each traffic credit is worth 1 visitor to your Promoted Content. The credit balance on your TrendMD reporting dashboard states how many credits you have at any given time. In the event your credit balance goes to zero, your Promoted Content will no longer be featured on third-party sites using the TrendMD Service. TrendMD will provide you with timely reports, which will provide you with information about the amount of visitors delivered per day of the campaign and the credits you have spent. It is understood and agreed that the final monthly reports provided by TrendMD may differ from the daily reports and the final reports will provide the conclusive basis for TrendMD's invoices to you. You may use your own tracking pixel as well; in the event that there is a material discrepancy between your numbers and TrendMD's numbers (i.e., your reporting indicates that the visitors delivered to your Promoted Content is at least 10% lower than the number reported by TrendMD), the parties agree to work in good faith to identify the correct amount to be paid to TrendMD. If the discrepancy is less than 10%, TrendMD's numbers shall be conclusive. In the event that TrendMD is unable to deliver Audience in the amount stated on the TrendMD Site for the applicable campaign, your sole remedies shall be to (i) to replace the Promoted Content with other Promoted Content (subject to TrendMD's approval) to complete the campaign; or (ii) to pay only for the visitors actually delivered by TrendMD. In no event shall TrendMD be liable for failure to deliver visitors
  3. Professional and Enterprise Plans. You may elect to subscribe to additional Services offered by TrendMD. You may elect to pay on a monthly or yearly contractual basis for add-on Services offered by TrendMD

14. Taxes

You shall pay all sales, use, excise and other taxes which may be levied upon either party in connection with these ToU, except for income taxes.

15. Children

The Site and the Service are not directed toward children under 13 years of age nor does TrendMD knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personally identifiable information to TrendMD.

16. Disclaimer of Warranties

You acknowledge that TrendMD has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Service may have on you, your website or equipment; the accuracy or how you may interpret, rely, or use the Service including without limitation any loss of reputation or loss of traffic on your website or any website of any of your affiliates; or what actions you may take as a result of having been exposed to the Service. You further acknowledge and agree that TrendMD 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 use of, or reliance on, any Content, goods or services available on or through any third party website linked or referred to by any portion of the Service. You release TrendMD from all liability with respect to the Service, and any Content or data provided or accessed via the Service or through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. TrendMD makes no representations concerning the Content contained in or accessed via the Service or the Site, including without limitation Promoted Content or Exchange Content, and TrendMD will not be responsible or liable for the contents, accuracy, copyright compliance, legality or decency of third party Content or services accessed via the Service or the Site or for your reliance on any of the foregoing. TrendMD does not make any representation, warranty or guarantee of the quantity or quality of traffic that you will receive under this Agreement.

THE SITE, SOFTWARE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TRENDMD MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE, SOFTWARE OR THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRENDMD SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING (I) THE NUMBER OF PERSONS WHO WILL VIEW CONTENT, AND (II) ANY BENEFIT YOU MIGHT OBTAIN FROM DISPLAY OF CONTENT BY TRENDMD. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. TRENDMD DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some provinces or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

TrendMD represents and warrants that: (i) we have sufficient right, title and interest in the Site, Software and Service to grant the licenses contemplated by this Agreement; and (ii) to the extent we incorporate third party rights into the Software, we have obtained the rights from those third parties necessary to vest in or grant to you the various license rights necessary under this Agreement.

17. Limitation of Liability; SOLE AND EXCLUSIVE REMEDYs

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRENDMD, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR SERVICE, EVEN IF TRENDMD AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF TRENDMD OR ANY OF THE RELATED PARTIES EXCEED THE LESSER OF (X) THE TOTAL REVENUE SHARE WE PAID TO YOU DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE, IF SUCH AMOUNT WAS GREATER THAN $0 OR (Y) $100. THE FOREGOING SHALL NOT APPLY TO TRENDMD’S INDEMNIFICATION OBLIGATION.

Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, the liability of TrendMD and its affiliates shall be limited to the fullest extent permitted by law.

18. Indemnification

Each party (the "Indemnifying Party") shall indemnify, defend and hold harmless the other party and its parent and affiliates, and each of its and their respective affiliates, directors, officers, shareholders, members, authorized representatives, employees and agents (collectively, the "Indemnified Party") from and against any and all claims, losses, liabilities, damages, costs, settlements and other expenses (including reasonable legal fees) (collectively, "Claims") that arise out of any third party claim occasioned by any breach or alleged breach of any of the Indemnifying Party’s representations, warranties and obligations of the Agreement. The Indemnified Party shall promptly notify the Indemnifying Party of any Claim, provided, however, that any delay in providing such notice shall not relieve the Indemnifying Party of any of its obligations except to the extent that the Indemnifying Party is actually prejudiced by such delay. The Indemnified Party shall have the right to participate in the defense and settlement of the Claim with counsel of its own choosing and its own expense, subject to the Indemnifying Party’s control thereof.

19. Governing Law; Jurisdiction

This ToU is governed by, and will be construed under, the laws of US and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 20 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Site, the Software and/or the Service shall be subject to the exclusive jurisdiction of the province and federal courts located within Los Angeles, California and you agree to submit to the personal jurisdiction and venue of such courts. If either you or TrendMD commences a lawsuit for a dispute arising under this ToU or relating to the Site, the Software and/or the Service, all of the issues in such action, whether of fact or law, shall be submitted to general judicial reference pursuant to California Code of Civil Procedure sections 638 and 641 through 645.1 or any successor statutes thereto.

20. Binding Arbitration

  1. Arbitration Procedures. You and TrendMD agree that, except as provided in Section 20.D below, all disputes, controversies and claims related to this ToU (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 20 and the JAMS Rules, the terms in this Section 20 will control and prevail.
    1. Except as otherwise set forth in Section 20.D, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (i) you and TrendMD may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

    BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND TRENDMD WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

  2. Location. Unless mandated otherwise by any applicable JAMS Rules, the arbitration will take place in Toronto, Ontario, Canada. In the event JAMS Rules mandate that you have the option to have the arbitration take place in your hometown area, you must notify TrendMD in writing of your preference to arbitrate in your hometown area within ten (10) business days following your receipt of TrendMD’s arbitration notice. In absence of your timely response, the arbitration will be conducted in Toronto, Ontario, Canada unless the parties mutually agree to video, phone and/or internet connection appearances.
  3. Limitations. You and TrendMD agree that any arbitration shall be limited to the Claim between TrendMD and you individually. YOU AND TRENDMD AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
  4. Exceptions to Arbitration. You and TrendMD agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or TrendMD's intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.

21. Fraudulent Activity

TrendMD shall not be liable to Publisher or any third party for any payment for impressions, page views or click-throughs resulting from activity used to artificially increase impressions, page views or click-throughs (including but not limited to incentivized, automated (e.g., bots and spiders) or otherwise deceptive or artificial means) ("Fraudulent Activity"). Publisher shall take commercially reasonable steps to prevent such Fraudulent Activity by blocking IP addresses and/or Publisher's user accounts associated with such Fraudulent Activity.

Publisher shall cooperate with TrendMD in any investigation of possible Fraudulent Activity, including access to Publisher's access logs and other customer and affiliate information, to the extent that such cooperation by the Publisher is commercially reasonable and not in violation of any agreement between the Publisher and a third party. If TrendMD determines the Publisher has knowingly engaged in Fraudulent Activity, then in addition to its other rights and remedies TrendMD may terminate this Agreement effective upon notice and withhold payment up to the amount generated through Fraudulent Activity.

22. General Provisions

ToU Revisions. This ToU may only be revised in a writing signed by both parties.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TrendMD as a result of this ToU or your use of the Service or the Software.

Assignment. TrendMD may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without TrendMD's prior written consent, and any unauthorized assignment by you shall be null and void.

Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

Attorneys' Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices. All notices given or required under this ToU shall be in writing and addressed to:

  1. TrendMD LLC 4023 Kennett Pike 50094, 19807, Wilmington, Delaware.

Equitable Remedies. You hereby agree that TrendMD would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. This ToU constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or Service.

Last updated: April 13, 2021




The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and in accordance with the country-specific data protection regulations applicable to TrendMD.

As the data controller, TrendMD has implemented numerous technical and organizational measures to ensure the protection of personal data processed through its products (widget, website, and blog).

This Privacy Policy is designed to help the users understand what data we collect, why we collect it, and what we do with it. Please, read this Privacy Policy carefully.



Definitions

1) “Affiliate” means an entity that directly or indirectly controls, is controlled by or is under common control with, a party.

2) “CCPA” means the California Consumer Privacy Act of 2018, effective as of January 1, 2020, as amended or replaced from time to time, along with any implementing regulations. CCPA is a California statute intended to enhance privacy rights and consumer protection for residents of California, the United States.

3) “Consent” means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

4) “Consumer” means natural persons who reside in California, including individuals who are in California for other than a temporary and transitory purpose and individuals who are domiciled in California, but are outside the state for a temporary or transitory purpose.

5) “Controller or controller responsible for the processing” means the natural or legal person, public authority, agency or another body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

6) “Data Incident” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data on systems managed by or otherwise controlled by TrendMD. “Data Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

7) “Data Subject” means any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

8) “EEA” means the European Economic Area.

9) “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

10) “Personal Data” means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

11) “Personal Information” similar to Personal Data, means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

12) “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

13) “Processor” means a natural or legal person, public authority, agency or another body which processes personal data on behalf of the controller.

14) “Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

15) “Pseudonymization” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

16) “Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.

17) “Restriction of processing” is the marking of stored personal data with the aim of limiting their processing in the future.

18) “Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

19) “TrendMD” means TrendMD Inc., an Ontario corporation.

20) “TrendMD network” means our widget, website, and blog.



Information we collect


We collect information to provide better services to our users. We collect information in the following ways:


1) Information you give us

If you are a publisher, we will normally require you to sign up for an account. In the process of setting up an account, we will ask you for certain personal information, such as the company name, the name of the company's representative, an email address, a telephone number, etc.

If you are a reader, no account is required. However, in case you subscribe for our email newsletters and notifications, you will be asked to provide your email address.

2) Information we get from your use of our services

2.1) When you use our widget, we may collect and store on our servers certain general data and information. We may collect the following types of information:

2.1.1) The browser types and versions used
2.1.2) The operating system used by the accessing system
2.1.3) The website from which you access our widget
2.1.4) The date and time of access to the Internet site
2.1.5) An Internet protocol address (IP address)
2.1.6) Any other similar data and information that does not allow identification of the reader
2.1.7) A randomly-generated unique identifier that is stored on the user's device upon receiving consent for activating various features or setting certain preferences

2.2) When using the aforementioned general data and information, we do not intend to draw any conclusions about your true identity, such as your real name, nickname, physical address, or email address. Rather, this information is needed to:

2.2.1) Provide readers with personalized reading recommendations
2.2.2) Ensure that we can comply with the readers' data privacy requests
2.2.3) Collect correct statistical information (avoid treating multiple views from the same computer as multiple views for statistical purposes)

2.3) When you contact us, we keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

2.4) If certain data that we collect can be matched with other pieces of information in our possession in order to identify the reader, we use pseudonymization, anonymization, and encryption techniques to adjust personal data in a way that prevents identification of the originating person. Although we strive to provide the same level of protection to all of our readers, sometimes it is beyond our abilities. We guarantee that pseudonymization, anonymization, and encryption techniques will be used to prevent a possibility of identification of all readers from the EEA. However, we reserve the right to adopt a selective use of such techniques in other instances.

3) Detailed information about the rights for visitors within the EEA — see here.

4) For the purposes stated in sections 2.2.2 and 2.2.3, we collect general information under the section 6(1)(f) of the GDPR. Collecting of data used to provide you with personalized reading recommendations is subject to your consent. We will also ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.


3) Opt-out options for visitors outside the EEA — see here.




How we use cookies


1) A cookie is a small file which is placed on your device in order to store various information, like specific identifiers and your preferences. Cookies help us analyze web traffic and let us know when you use our widget/website/blog. They also help us make sure that during the current browsing session we are not asking the same reader for the same consent multiple times on the same website.

2) We use traffic log cookies to identify which pages are being used. This helps us analyze data about the webpage traffic and improve our widget/website/blog in order to tailor it to the customers' needs. We use this information solely for statistical analysis purposes. The cookies that we use cannot be used to identify you unless you have consented to this.

3) Overall, cookies help us provide you with a better service by increasing the accuracy of statistical information we collect and the quality of recommendations that we provide you with. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

4) Click here for a guide on how to clear cookies on popular browsers.


Use of Google Analytics


1) TrendMD uses tracking technologies like Google Analytics that help recognize your visit and track visitors' use of and interaction with the services. We use this data to determine the number of people using our widget, website, and blog, to better understand how they find and use our products and to see their journey through our network (widget, website, blog).

2) We consider Google to be a third party data processor.

3) Google Analytics records data such as your geographic location, device, Internet browser, and operating system. We request Google Analytics to apply IP anonymization, so your computer’s IP address is masked.

4) Google Analytics makes use of cookies, details of which can be found on Google’s developer guides. TrendMD has enabled Advertising Features, thus enabling Google Analytics to collect data about your traffic via Google advertising cookies and identifiers, in addition to data collected through a standard Google Analytics implementation.

5) Advertising Features that we are using or we may use include: remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting, integrated services that require Google Analytics to collect data for advertising purposes, including the collection of data via advertising cookies and identifiers.

6) TrendMD is using or may use interest-based advertising.

7) You can opt-out of Google Analytics Advertising Features through Ads Settings and Ad Settings for mobile apps. Other opt-out means include http://optout.networkadvertising.org/ and http://www.networkadvertising.org/mobile-choice.

8) To opt-out of Google Analytics, click here.

9) Google Analytics is a registered trademark of Google, Inc.

10) For data subjects within the EEA:

When you provide consent for the use of Google Analytics and related cookies across the TrendMD network (widget, website, and/or blog), if not already present, a TrendMD cookie containing a randomly-generated unique identifier will be placed on your device. This identifier will also be sent to TrendMD in order to record your consent on our server. If the aforementioned consent is revoked, our server will be updated accordingly. We may also collect and store on our server the related Google Analytics Client ID(s) which are not in any way related to your true identity (i.e., knowing your Google Analytics Client ID will not allow us to know your name and address).



Subscription

1) You are given an opportunity to subscribe to the notifications and newsletters we offer. The subscription form used for this purpose determines what personal data are transmitted, as well as when the notifications and newsletters are requested from the controller.

2) A confirmation e-mail will be sent to the e-mail address provided by you for the first time. This confirmation e-mail is used to prove whether the owner of the e-mail address, as the data subject, is authorized to receive the information we send out. The subscription to our notifications and newsletters may be terminated at any time.

3) The notifications and newsletters may contain so-called tracking pixels. A tracking pixel is a miniature graphics embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, we may see if and when you open a certain email message that we sent. We may also track which links in the email message you clicked on. This information is used to provide better service to the customer.



Rights of the data subject under the GDPR


1) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our data protection officer at the email address stated below.

In order for us to be able to respond to your request for information, you need to have consented for the features that store a randomly-generated unique identifier valid across the TrendMD network.


2) Right of access

2.1) The data subject shall have the right granted by the European legislator to obtain information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

2.1.1) the purposes of the processing;
2.1.2) the categories of personal data concerned;
2.1.3) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
2.1.4) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
2.1.5) the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
2.1.6) the existence of the right to lodge a complaint with a supervisory authority;
2.1.7) where the personal data is not collected from the data subject, any available information as to their source;
2.1.8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

2.2) Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

2.3) In order for us to be able to respond to your request for access, you need to have consented for the features that store a randomly-generated unique identifier valid across the TrendMD network.

2.4) If a data subject wishes to avail himself of this right of access, he or she may at any time contact our data protection officer at the email address stated below.


3) Right to rectification

3.1) Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

3.2) If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our data protection officer at the email address stated below


4) Right to erasure (Right to be forgotten)

4.1) Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

4.1.1) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
4.1.2) The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
4.1.3) The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
4.1.4) The personal data have been unlawfully processed.
4.1.5) The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
4.1.6) The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

4.2) If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by TrendMD, he or she may at any time contact our data protection officer at the email address stated below.

4.3) Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The data protection officer or another employee will arrange the necessary measures in individual cases.


5) Right of restriction of processing

5.1) Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

5.1.1) The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
5.1.2) The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
5.1.3) The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
5.1.4) The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

5.2) If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by TrendMD, he or she may at any time contact our data protection officer at the email address stated below.


6) Right to data portability

6.1) Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

6.2) In order to assert the right to data portability, the data subject may at any time contact the data protection officer at the email address stated below.


7) Right to object

7.1) Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

7.2) TrendMD shall no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

7.3) If TrendMD processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to TrendMD to the processing for direct marketing purposes, TrendMD will no longer process the personal data for these purposes.

7.4) In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

7.5) In order to exercise the right to object, the data subject may directly contact the data protection officer of TrendMD. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.


8) Automated individual decision-making, including profiling

8.1) Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

8.2) If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, TrendMD shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

8.3) If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our data protection officer at the email address stated below.


9) Right to withdraw data processing consent

9.1) Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

9.2) If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our data protection officer at the email address stated below.



Consumer’s rights under the CCPA


1) Right to access

1.1) The CCPA provides Consumers with specific rights regarding their Personal Information. As a Consumer, you have the right to request, and TrendMD has an obligation to provide the following information:

1.1.1) The categories of Personal Information we collect about you
1.1.2) The categories of sources from which the information was collected
1.1.3) The business or commercial purpose for collecting, disclosing, or selling Personal Information
1.1.4) The categories of third parties we have disclosed Personal Information to for a business purpose and the categories of personal information disclosed
1.1.5) The specific pieces of personal information we collected about you (also called a data portability request)

1.2) You have the right to request twice during the twelve month period that TrendMD disclose certain information to you about our collection and use of your personal information over the past twelve months. Such information would be provided in a readily usable format.


2) Right to deletion

2.1) Each Consumer shall have the right granted by the CCPA to request deletion of his/her Personal Information which TrendMD process, and TrendMD shall have the obligation to erase Personal Information without undue delay, as long as the processing is not necessary to:

2.1.1) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity
2.1.2) Debug products to identify and repair errors that impair existing intended functionality
2.1.3) Ensure the right of another Consumer to exercise his or her right of free speech, or exercise another right provided for by law
2.1.4) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code
2.1.5) To enable solely internal uses that are reasonably aligned with the expectations of Consumer based on the Consumer’s relationship with the business
2.1.7) Comply with a legal obligation
2.1.8) Complete the transaction for which we collected your Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
2.1.9) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent
2.1.10) Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

If one of the aforementioned reasons applies, your Personal Information may not be deleted.

2.2) If Consumer wishes to request the erasure of Personal Information stored by TrendMD, he or she may at any time contact our data protection officer at the email address stated below.


3) Right to non-discrimination

TrendMD respect all Consumers and will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

3.1) Deny you goods or services

3.2) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties

3.3) Provide you a different level or quality of goods or services

3.4) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.


4) Consumer requests

4.1) The verifiable Consumer request must contain the following information:

4.1.1) Sufficient information that allows TrendMD to reasonably verify Consumer as a person about whom we collected personal information or an authorized representative
4.1.2) Sufficient details that allow TrendMD to properly understand, evaluate, and respond to the request
4.1.3) TrendMD may request additional materials or information for the purposes of validating the authenticity of your request

4.2) TrendMD would not able to respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm Personal Information relates to you. TrendMD will use the information provided in connection with a verification request solely for the purposes of verification

4.3) Only Consumer or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your Personal Information. You may also make a verifiable Consumer request on behalf of your minor child

4.4) Consumer may only make a verifiable consumer request for access or data portability twice within a twelve month period

4.5) TrendMD would provide the response on Consumer’s request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If TrendMD is unable or not required to effectuate your rights request, we will respond to your request within the period required by the CCPA. The response will provide relevant details regarding TrendMD’s determination and any additional, pertinent information about your request

4.6) For any data-related requests you may contact us directly by email stated below, with the subject “CCPA Rights Request”. Opt-out rights may be exercised also through applicable sections of TrendMD website. TrendMD website includes a page called “Do Not Sell My Personal Information” that allows Consumers to opt-out of the sale of Personal Information.



Accessing and updating your personal information


Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes.

We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.



Information collected from children


Our widget and website are not intended for children under the age of 16. If you are under the age of 16 and would like to use our services, you can do so only if we obtain consent from your parents. Contact our data protection officer for details. We do not knowingly collect, maintain, or use personal information from children without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws, we will promptly delete the information.



Information we share


We do not share your personal data with companies, organizations, and individuals outside of our company unless one of the following circumstances applies:


1) With your consent

We will share personal information with companies, organizations, or individuals when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.

For certain territories, if the circumstances require, there may be exceptions from this rule; however, under no circumstance, personal data of data subjects from the EEA can be shared with third parties without their consent.


2) For external processing

We may provide personal information to our GDPR-compliant and CCPA-compliant affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.


3) For legal reasons

We will share personal information with companies, organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

3.1) Meet any applicable law, regulation, legal process or enforceable governmental request.

3.2) Enforce applicable terms of service, including investigation of potential violations.

3.3) Detect, prevent, or otherwise address fraud, security or technical issues.

3.4) Protect against harm to the rights, property or safety of TrendMD, our users or the public as required or permitted by law.

We may share non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.

If TrendMD is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

If express or implied consent is given by a user, TrendMD reserves the right to show targeted content and/or share user-specific collected information with third party business partners.

Please note that the definition of consent varies depending on the jurisdiction in which the user is located. As a data processor, TrendMD applies different privacy protection mechanisms which rely on geolocation technology.

Information security


We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online:

1) We encrypt many of our services using SSL.

2) We review our information collection, storage, and processing practices, including physical security measures, to guard against unauthorized access to systems.

3) We restrict access to personal information to our employees, contractors, and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. Only a limited number of our employees have access to certain parts of the data we collect. We constantly ensure that different types of pseudonymized data that, if matched, can be used to identify a particular reader, are stored separately.



Data Incidents


1) Incident Notification

If we become aware of a Data Incident, we will notify the readers promptly and without undue delay, and promptly take reasonable steps to minimize harm and secure the readers' data.

2) Delivery of Notification

We will deliver a notification of any Data Incident to the reader's notification email address or, at our discretion (including if the customer has not provided a notification email address), by other direct communication (for example, by phone call). The customer is solely responsible for providing the notification email address and ensuring that the notification email address is current and valid. In case we do not have your contact information, we will deliver a notification via indirected means of communication (for example, we may post a message on our website).

3) No Acknowledgement of Fault by TrendMD

Our notification of or response to a Data Incident will not be construed as an acknowledgment by TrendMD of any fault or liability with respect to the Data Incident.



When this Privacy Policy applies


This Privacy Policy applies to all of the services offered by TrendMD, Inc and its affiliates, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, sites that may include TrendMD services, or other sites linked from our services.

Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags, and other technologies to serve and offer relevant ads.



Links to other websites


Our widget/website/blog may contain links to other websites of interest. However, once you have clicked on a widget recommendation or used a link to leave our website/blog, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.



Compliance and cooperation with regulatory authorities


We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.



Processing in the European Economic Area (EEA)


For readers located in the European Economic Area, from May 25, 2018, all processing of Personal Data is performed in accordance with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (GDPR), and TrendMD processing will take place in accordance with the GDPR. We will use the geographic location of the reader as we can identify it via the IP addresses collected in accordance with this privacy policy to determine if the reader accesses our widget/website/blog from within the EEA. If the reader makes it impossible for us to identify their geographic location as one within the EEA, we may not be able to provide such a reader with some or all GDPR rights described above. Those readers that use VPN or any other means to hide their true geographic location bear full responsibility for their actions.



Processing in California, the USA


For Consumers located in the state of California, the USA, all processing of Personal Information is performed in accordance with the California Consumer Privacy Act of 2018 (CCPA), and TrendMD processing will take place in accordance with the CCPA. We will use the geographic location of the reader as we can identify it via the IP addresses collected in accordance with this privacy policy to determine if the reader accesses our widget/website/blog from within the California state. If the reader makes it impossible for us to identify their geographic location as one within the California state, we may not be able to provide such a reader with some or all CCPA rights described above. Those readers that use VPN or any other means to hide their true geographic location bear full responsibility for their actions.



Period for which the personal data will be stored


The criteria used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment or the initiation of a contract or for the purposes of the legitimate interests pursued by us.



Changes


Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes).


Contact information


If you have questions, concerns, or you would like to make a request, please contact us at the following email address

TrendMD LLC
4023 Kennett Pike 50094, 19807, Wilmington, Delaware
Email: pers[email protected]


Last Updated: 6 Jul 2017

Advertiser terms of use

These Standard Terms and Conditions are entered into between TrendMD Inc. ("TrendMD") and the party executing the Insertion Order ("Customer", including any brokers or agents acting on Customer's behalf) and shall be incorporated into each Insertion Order ("IO") entered into by and between TrendMD and Customer on and after the date hereof. Each IO, together with these Standard Terms and Conditions, shall be collectively referred to as the "Agreement." In the event of any inconsistency between the terms of an accepted IO and these Standard Terms and Conditions, the terms of these Standard Terms and Conditions shall prevail unless the IO specifically sets forth otherwise.

  1. Services

    1. Subject to the terms and conditions of the Agreement and the applicable IO, TrendMD shall deliver Audience (as hereinafter defined), in the amount set forth in the applicable IO, to, content selected by Customer (the "Content") and delivered through TrendMD's service. A link to the Content shall appear as a sponsored recommendation on the website of publishers selected by TrendMD who have agreed to participate in TrendMD's service. TrendMD shall provide functionality to allow Customer to track and verify delivery of Audience to the Content. For purposes of this agreement, "Audience" shall be defined as viewers of Content delivered through the TrendMD service.
  2. Delivery of Audience to Content

    1. Content selected by Customer shall be subject to TrendMD's approval and must comply with TrendMD's content guidelines as such guidelines may be updated from time to time by TrendMD. Customer acknowledges that TrendMD is not responsible for the Content. Customer's recourse in the event of such change shall be to direct TrendMD to remove such Customer acknowledges that, in the event of an objection from a Content author or publisher, TrendMD shall cease delivering Audience to the Content and shall assist Customer in selecting new Content for the Campaign. Customer represents and warrants that if the Content selected for use in a Campaign was written by or under the direction of Customer, or paid for by Customer, that fact shall be clearly disclosed in the Content. Customer is solely responsible for determining the propriety and legality of its sponsorship of the Content.
    2. Customer shall not, directly or indirectly, provide a link from the Content to any of the following types of sites: (i) obscene, defamatory, libelous, slanderous, pornographic, violent, profane, indecent or unlawful; (ii) sites that are factually inaccurate, misleading or deceptive; (iii) sites that facilitate or promote any type of illegal activity, including without limitation pyramid schemes, gambling, the sale or use of illicit drugs, or discrimination or harassment of any individual or group; or (iv) sites that promote services competitive to those of TrendMD or that may otherwise damage the goodwill and reputation of TrendMD, as determined by TrendMD in its sole discretion.
  3. Cancellation

    1. Each Insertion Order may be cancelled by either party for any reason upon thirty (30) days' written notice to the other party. During such thirty day notice period, all previously contracted campaigns shall continue to run pursuant to the terms of the applicable IO and Customer shall be responsible for paying TrendMD for all Audience delivered to Content during such notice period.
  4. TrendMD Self Serve

    Customers using TrendMD Self Serve shall have the ability to manage certain aspects of their campaign using TrendMD's dashboard. Customers using Self Serve shall be solely responsible for all changes to the applicable campaign made through the dashboard. Customer shall protect any Customer passwords or similar account security measures and takes full responsibility for Customer's own, and third party, use of or changes to any Customer campaigns managed through the dashboard. Please note that access to TrendMD Self Serve shall be solely at the discretion of TrendMD and may be discontinued by TrendMD at any time.

  5. Payment Terms

    1. Customer shall pay to TrendMD the fees described in each IO based on Audience actually delivered to the Content, as measured by TrendMD's tracking system. Unless otherwise set forth in an IO, fees will be invoiced by TrendMD to Customer within thirty days of the end of each calendar month for Audience delivered during the previous month. Invoices shall be due and payable net 30 days from receipt.
    2. TrendMD will provide Customer with timely reports, which will provide Customer with information about the amount of Audience delivered per day of the campaign. It is understood and agreed that the final monthly reports provided by TrendMD may differ from the daily reports and the final reports will provide the conclusive basis for TrendMD's invoices to Customer. Customer may use its own tracking pixel as well; in the event that there is a material discrepancy between Customer's numbers and TrendMD's numbers (i.e., Customer's reporting indicates that the Audience delivered to Content is at least 10% lower than the number reported by TrendMD), the parties agree to work in good faith to identify the correct amount to be paid to TrendMD. If the discrepancy is less than 10%, TrendMD's numbers shall be conclusive.
    3. In the event that TrendMD is unable to deliver Audience in the amount stated in the IO for the applicable campaign, Customer's sole remedies shall be to (i) to replace the Content with other Content (subject to TrendMD's approval) to complete the campaign; or (ii) to pay only for the Audience actually delivered by TrendMD. In no event shall TrendMD be liable for failure to deliver Audience.
    4. Customer will be liable to TrendMD for an interest rate of 18 percent per annum or the highest legal rate for all monies owed from the date of indebtedness until paid. TrendMD also reserves the right to suspend or terminate Customer's use of TrendMD's service until Customer's account becomes current, and to charge Customer for all costs of collection, including collection agency and attorney's fees and court costs. TrendMD may require that any orders be paid in full in advance based on contracted Audience numbers. Customer hereby authorizes TrendMD to investigate Customer's credit record. Customer agrees to provide such further financial information and documentation as may be required from time to time by TrendMD as a condition for the continued extension of credit.
  6. Confidentiality/Data

    1. Each party agrees that with respect to any Confidential Information (as defined below) that is disclosed by one party to the other in connection with this Agreement, the party receiving such Confidential Information shall not disclose such Confidential Information to any third party, or use it for any purpose, except in connection its rights and obligations under this Agreement. "Confidential Information" means all information concerning a party or any of its subsidiaries or affiliates that is not generally known to the public, which information is marked confidential or proprietary, or which under the circumstances ought reasonably to be treated as confidential or proprietary, and includes, without limitation, the IO terms, which shall be considered TrendMD's Confidential Information. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is, as of the time of disclosure, or thereafter becomes, part of the public domain through a source other than the receiving party; (ii) was lawfully in the possession of the receiving party as of the time of disclosure; (iii) is independently developed by the receiving party without reference to the Confidential Information; or (iv) is subsequently obtained from a third party not subject to an obligation of confidentiality with respect to the information disclosed.
    2. Confidential Information shall be kept in the strictest confidence and shall be protected by all reasonable and necessary security measures. Confidential Information shall not be released by the receiving party to anyone except an employee or agent, who has a need to know same, and who is bound by confidentiality obligations at least as restrictive as these contained herein. Neither party will use any portion of Confidential Information provided by the other party hereunder for any purpose other than as expressly set forth under an IO and/or this Agreement. Notwithstanding the foregoing, either party may disclose Confidential Information strictly necessary to comply with the demands of any court order, law or governmental agency.
    3. Each party shall be the owner of any campaign or consumer data which it collects by virtue of this Agreement and such information shall be considered the collecting party's Confidential Information. Each party represents and warrants that its collection and use of any consumer data shall be in accordance with its Privacy Policy and all applicable law.
  7. Additional Representations and Warranties/Disclaimers

    1. Each party represents and warrants to the other party that it has all necessary rights and authority to enter into this Agreement and grants the rights and licenses thereunder, and the execution of this Agreement and any IO, and the performance of its respective obligations and duties thereunder, do not and will not violate any agreement to which such party is a party or by which it is otherwise bound.
    2. Customer further represents and warrants that its sponsorship of the Content does not violate any applicable laws, rules and regulations.
    3. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, TRENDMD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED -- INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE -- ABOUT ITS SERVICES AND THE PERFORMANCE OR SUCCESS OF ANY CAMPAIGNS MADE BY IT ON BEHALF OF CUSTOMER, OR THAT TRENMD'S SERVICE WILL OPERATE UNINTERRUPTED, SECURE OR ERROR FREE.
  8. Indemnification

    1. Each party shall defend, indemnify and hold harmless the other party and its respective agents, affiliates, subsidiaries, directors, officers, employees and contractors against any and all third party claims resulting from the breach of such party's duties, obligations and representations under this Agreement.
    2. In connection with any such claim, (i) the indemnified party shall provide prompt written notice to the indemnifying party of any such claim (provided that the failure to provide such prompt notice shall not relieve the indemnifying party of its indemnification obligations herein, except to the extent it has been damaged thereby); (ii) the indemnifying party shall have sole control of the defense or settlement of the claim (provided that the indemnifying party may not enter into any settlement that may adversely affects the rights of obligations of the indemnified party without the indemnified party's prior written consent); (iii) at the indemnifying party's request and expense, the indemnified party cooperating in the investigation and defense of such claim; and (iv) the indemnified party shall have the right to participate in its defense with counsel of its own choosing at the indemnified party's expense.
  9. Limitation of Liability

    EXCEPT WITH RESPECT TO CLAIMS ARISING FROM A PARTY'S INDEMNITY OBLIGATIONS, WILLFUL MISCONDUCT OR A BREACH OF THE CONFIDENTIALITY PROVISION IN THIS AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VENDORS OR AGENTS FOR ANY ACTION REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN TORT OR CONTRACT, ARISING UNDER OR RELATED IN ANY WAY TO THIS AGREEMENT OR ITS IMPLEMENTATION SHALL BE LIMITED TO THE AMOUNT OF FEES PAYABLE BY CUSTOMER UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA, LOST REVENUES OR LOST PROFITS, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR ITS IMPLEMENTATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  10. Publicity

    1. No press releases or general public announcements shall be made without the mutual consent of Customer and TrendMD. TrendMD shall have the right to include Customer's name on TrendMD's client list and in other marketing materials.
  11. Miscellaneous

    1. Neither Party may assign this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of the other; provided, however that either party may assign its rights or delegate its duties under this Agreement, in whole or in part, without the other's consent, in connection with a merger, reorganization or sale of all, or substantially all, of the assignor's assets, provided that the successor entity shall have sufficient resources to fully perform this Agreement and shall assume the obligation to fully perform this Agreement.
    2. This Agreement shall be construed in accordance with the laws of the Province of Ontario applicable to contracts entered into and wholly to be performed therein, without regard to that body of law relating to conflict of laws. Each party hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the Province of Ontario and of Canada, in each case located in the Province of Ontario, for any claim arising out of or relating to this Agreement (and agrees not to commence any claim relating thereto except in such courts). The prevailing party in any action arising out of or to enforce this Agreement shall be entitled to recover its reasonable attorney's fees and costs.
    3. All notices under this Agreement will be in writing and will be delivered by personal service, confirmed fax, express courier, or certified mail, return receipt requested, to the address of the receiving party set forth on the IO, or at such different address as may be designated by such party by written notice to the other party from time to time. Notice will be effective on receipt.
    4. No failure of either party to enforce any of its rights under this Agreement will act as a waiver of such rights. If one or more provisions of this Agreement are held to be unenforceable under applicable law, then such provision(s) shall be excluded from this Agreement, and the balance of the Agreement shall be enforceable in accordance with its terms.
    5. Neither party shall be liable for any delay or failure to perform any of its obligations set forth in this Agreement due to causes beyond its reasonable control. Neither party shall be liable for any unavailability or inoperability of the Internet, technical malfunction, or computer error or corruption resulting in loss of data or other harm.
    6. Sections 6, 8, 9, 10 and 11, together with any outstanding undisputed payment obligation, shall survive the termination of this Agreement.
    7. Customer and TrendMD shall each act as independent contractors. Nothing in this Agreement shall be deemed or create or construed as creating a joint venture or partnership between the parties.
    8. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and may not be modified without the prior written consent of both parties. In no event shall any purchase order, insertion order, invoice or other document submitted by Customer concerning the subject matter hereof have any force or effect unless signed by TrendMD.

TrendMD Inc. (“TrendMD”) respects the intellectual property rights of others and expects its users to do the same.

It is TrendMD's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, TrendMD will respond expeditiously to claims of copyright infringement committed using the TrendMD website (the “Site”) that are reported to TrendMD's Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to TrendMD's Designated Copyright Agent. Upon receipt of the Notice as described below, TrendMD will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or — if multiple copyrighted works are covered by this Notice — you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to TrendMD's Designated Copyright Agent:
Copyright Agent
c/o TrendMD LLC
4023 Kennett Pike 50094, 19807, Wilmington, Delaware

email: [email protected]
phone: +1 (416) 568-4345

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