Last Updated: 06/02/2021
1. How and what Information does Tribe collect?
1.1 Tribe may collect information about you when you use the Tribe Platform, register on the Tribe Platform, or interact with Tribe in any way. You may also provide Tribe information about your acquaintances or friends, as part of a referral program.
1.2 Information you provide to Tribe
Tribe collects all information which you voluntarily provide to Tribe by using the Tribe Platform or interacting with Tribe. This includes without limitation information provided:
(a) during registration of a Tribe Account or while updating your Tribe Account;
(b) while availing Tribe Services or support services or by participating in a survey;
(c) while communicating and corresponding with Tribe or while communicating with another User through the Tribe Platform using phone calls, video chat, audio chats, text messages and in app messages, either through Tribe Platform and/or third-party communication services;
(d) by linking and accessing your Tribe Account through your SNS Account;
(e) during any video interview that Tribe may conduct or while Tribe or its representatives video record or photograph you;
(f) about the bank account, debit or credit card, PayPal account, or any other payment details provided on the Tribe Platform;
(g) while participating in a promotional activity; and
(h) as part of a referral program.
1.3 Types of information Tribe Collects
The information Tribe collects includes without limitation:
(a) Personal Information:
While using the Tribe Platform, Tribe may require you to provide or collect Personal Information. Examples of Personal Information include:
(i) your name, home or business address, email address, postal code, driving license photos, profile pictures, phone number and video recordings of you;
(ii) your date of birth, age, gender, Social Security Number or passport details collected to validate your identity or to complete tax fillings;
(iii) payment information such as your credit card, debit card or PayPal information or other financial account information; and
(iv) any other information that enables you to be personally identified.
(b) Non-personally identifiable Information: Tribe may also collect Non-Personally Identifiable Information about you such as your date of birth, professional qualifications, licenses and any registrations held by you. Tribe may aggregate the Non-Personally Identifiable Information of a User with other Users to improve the services offered through the Tribe Platform; and
(c) Third Party Personal Information: As part of a referral program, Tribe may collect limited Personal Information (such as first name, last name and contact information) from you about your friends and contacts.
1.4 Information Tribe collects automatically
(c) Tribe, its Affiliates, marketing partners, analytics, and service providers may also use device identifiers, tags and other similar technologies to identify you and to collect information for security and fraud detection purposes.
(d) You can disable cookies through your internet browser but the Website and the Applications may not work as intended for you if you do so.
1.5 Information Tribe obtains from others
Tribe may also collect or receive Personal Information about you from third-party sources, such as other Users, suppliers, background check service providers, social media or other third-party integrations, and Tribe may combine any of this information with data Tribe already has about you. This helps Tribe to update, expand and analyse Tribe’s records, identify new customers, and create more tailored advertising that may be of interest to
you. Tribe will ensure that any marketing campaigns are aligned to federal, state and city laws, and GDPR requirements, as applicable.
1.6 You are not legally obligated to provide Tribe with any information, but you may be contractually obligated to do so. If Tribe does not receive certain information from you, then you may not be able to receive Tribe Services. Should you require any clarifications around whether provision of certain information is mandatory and the consequences for with holding such information, please contact Tribe Customer Care.
1.7 Please note that Tribe does not respond to do-not-track signal. Thus, while your browser setting may allow you to transmit a do-not-track signal to the Website and theApplications, however, Tribe does not alter its practices even after receiving a do-not-track signal.
2. How does Tribe use and disclose Personal Information?
2.1 Tribe may hold, use and disclose your information for the following purposes:
(a) to process your requests to register on the Tribe Platform;
(b) to verify your identity;
(c) to enable features that allow you to share information with other people, such as when you refer Tribe Services, or submit a comment about another User;
(d) for providing Tribe Services, to enable you to access and use Website and the Applications and to interact with other Users;
(e) to complete your transactions, provide any information requested by you, to verify the information provided by you, for compliance and internal business purposes;
(f) to operate, protect, improve and optimize Tribe Platform, business and Users’ experience or to perform analytics or conduct research, troubleshoot software bugs and operational problems, to conduct data analysis, testing, and research, and to monitor and analyze usage and activity trends;
(g) to send you service, support and administrative messages, newsletters, reminders, technical notices, updates and security alerts;
(h) for direct marketing purposes. This includes analyzing data to identify trends and tailor marketing messages to User needs. Please note that Tribe does not sell or share your Personal Information with third parties for third party direct marketing purposes;
(i) to tailor content Tribe displays to you and offers that Tribe may present to you, on the Website, the Applications and elsewhere;
(j) to manage Tribe’s business relationship with you and the corporation or other legal entity that you represent (if applicable);
(k) to address information security needs and for protecting Users, Tribe and others;
(l) to enforce and comply with Tribe’s legal obligations, to conduct or assist in conduct of an investigation, to protect the property and rights of Tribe or a third party, to protect the safety of public or any person, or to prevent or stop an activity Tribe considers to be fraudulent, illegal, legally actionable or unethical;
(m) administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by Tribe or Tribe’s business partners;
(n) to resolve any Disputes that Tribe may have with any User; and
3. How does Tribe use your Personal Information for marketing?
3.1 Communications data
(a) Tribe enables Users to communicate with each other and with Tribe using phone calls, video chat, audio chats, text messages and in app messages, either through the Tribe Platform and/or third party communication services.
(b) Tribe and any parties involved in providing the communication services collect, monitor, record, store and use the communications content, details of the communication and the related Personal Information, including without limitation, time and duration of communication, its content, and the name and likeness of the Users involved. Such communication and collected Personal Information may be used for providing better customer support, resolution of disputes between Users, escalation of User issues, marketing of the Website and Tribe Services through any mode and medium, improving the Tribe Services, obtaining feedback, analytics, and for other safety and security purposes.
(c) Customer shall, however, have the right to request that Tribe cease to use, in whole or part, the communication, and/or the collected Personal Information for marketing purposes. Upon receipt of such request, Tribe shall cease usage of communication and/or collected information for marketing purposes.
3.2 Video recordings
(a) Tribe may use whole or part of the video recordings of the Users recorded during the conduct of Tribe Services.
(b) Customer shall, however, have the right to request that Tribe cease to use, in whole or part, the recordings. Upon receipt of such request, Tribe shall cease use the recordings as above.
3.3 Tribe and/or Tribe’s business partners may send you direct marketing communications and information about Tribe Services and/or any ongoing promotions. This may take the form of emails, SMS, mail, or other forms of communication, in accordance with the applicable federal, state and city laws. You may opt-out of receiving marketing materials from Tribe by contacting Tribe Customer Care.
3.4 Notwithstanding that you may have opted-out of receiving marketing emails, Tribe reserves the right to send you certain communications relating to your Tribe Account or use of the Tribe Services (for example, administrative and service announcements) via email and other means. These transactional account messages may be unaffected if you opt-out from receiving marketing communications. Users, accessing the Tribe Platform using the Applications may, with permission, receive push notifications. Similarly, Users who access the Tribe Platform using certain desktop browsers may, with permission, receive push notifications. Notification preferences can be modified in the settings menu for the Applications or the applicable browser.
4. To whom does Tribe disclose your Personal Information?
(a) Tribe’s employees and current or future related bodies corporate for business and operational purposes. These employees and current or future related bodies corporate may have access to your Personal Information in order to perform these tasks on behalf of Tribe;
(b) third-party suppliers and service providers that Tribe engages to facilitate provision of Tribe Services or provide Tribe Services on Tribe’s behalf or provide services related to operation of Tribe Platform and/or Tribe’s business such as web analytics, database management, payment processing, fraud detection etc. These third party suppliers and service providers may have access to your information, including Personal Information in order to perform these tasks on behalf of Tribe;
(c) other Users, when availing Tribe Services. The information Tribe provides to such other User will include without limitation your Personal Information such as your name, email address and phone number etc.;
(d) payment systems operators (i.e. merchants receiving card payments such as PayPal and all major credit cards);
(e) Tribe’s tax compliance service providers;
(f) Tribe’s sponsors or promoters of any competition that Tribe conducts via Tribe Platform, including, except where prohibited by law, allowing the sponsors to use your name, voice, likeness, or other indicia of persona in marketing associated with the promotion. Should you choose to enter a promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfilment, and as required by law or permitted by the promotion’s official rules, such as on a winner’s list;
(g) anyone to whom Tribe’s assets or businesses (or any part of them) are transferred. Such information, including Personal Information, may be shared or transferred in connection with a merger, acquisition, reorganization or sale of all or any part of Tribe’s assets or in the event of bankruptcy;
(i) other persons, including insurance companies, government agencies, regulatory bodies and law enforcement agencies, or as required, authorized or permitted by law. Tribe will disclose such information including Personal Information about you to the government agencies, law enforcement agencies, regulatory bodies or private persons such as an insurance company, as Tribe believes is necessary or appropriate to respond to claims and legal processes, or, at the request of third parties or government authorities conducting an investigation where Tribe determines in Tribe’s sole discretion that disclosure is necessary to:
(i) protect the property and rights of Tribe or a third party;
(ii) the safety of public or any person; or
(iii) to prevent or stop an activity Tribe considers to be fraudulent, illegal, legally actionable or unethical.
5.1 Tribe holds User information in either electronic or hard copy form. Tribe takes commercially reasonable physical, administrative, personnel and technical measures t help secure the information that it collects and stores about the Users. Access to the Website and the Applications is encrypted using industry-standard transport layer security technology. Sensitive information (such as financial account details, information about your credit cards and PayPal account) during transmittal is encrypted using secure socket layer technology. Tribe also uses HTTP strict transport security to add an additional layer of protection for Users. Notwithstanding the use of such measures, Tribe cannot guarantee the security of your information.
6.1 Tribe shall retain your information for as long as you are registered on the Tribe Platform as a User. Tribe may retain some or all of your Tribe Account information and/or User Content even after closure of your Tribe Account.
6.2 Even if you request Tribe to delete all of your Tribe Account information and/or User Content, Tribe may, in spite of Tribe’s best efforts, not be able to remove all of your Tribe Account information or sanitize the User Content from the Tribe Platform. Such information may persist on backup or archival media for an additional period for legal, tax, or regulatory reasons or for legitimate and lawful business purposes.
7. Links to other Websites
7.1 Tribe Platform may contain links to third party websites, including online communication services, such as emails, chats, and calls that are not owned by or affiliated with Tribe. If you choose to click on a third party link, you will be directed to that third party’s website. These other websites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you.
8. Personal Information provided to Others
9. International Transfer of Information
9.1 Tribe is based in the US. If you are located outside of the United States and provide any information (including Personal Information) to Tribe, then such Personal Information may be transferred to the United States for processing. Tribe may also transfer Personal Information to its service providers, who may process Personal Information in the United States and elsewhere such as India and/or Philippines. Such countries may not have the same data protection laws as the country in which you initially provided the information. When Tribe or Tribe’s service provider transfers your information to the United States or
10. Accessing or correcting Personal Information
10.1 You may request access to or correction of any Personal Information Tribe has about you or closes your Tribe Account and/or request deletion of all Personal Information Tribe has about you. Tribe will honor your requests to the extent Tribe can reasonably do so and as required by law, in accordance with the below paragraphs.
10.2 You can access Personal Information Tribe holds about you by contacting Tribe Customer Care. If you request to access Personal Information you’ve submitted, Tribe will respond to your request to access within 30 days or as otherwise required by law. Sometimes, Tribe may not be able to provide you with access to all of your Personal Information and, where this is the case, Tribe will tell you why. Tribe may also need to verify your identity when you
request your Personal Information.
10.3 You are responsible for maintaining the accuracy of the information you submit to Tribe. If you think that any information Tribe holds about you is inaccurate, please contact Tribe Customer Care and Tribe will take reasonable steps to ensure that it is corrected.
10.4 You may request deletion of your Personal Information. If your information is deleted, then your Tribe Account may be deactivated. If your Tribe Account is deactivated or you ask to close your Tribe Account, you will no longer be able to use the Tribe Platform. Please see clause 6 , to know more about Tribe’s information retention policy.
10.5 Your right to access, correct or ask for deletion of Personal Information, is limited e.g. we may not be able to honor your request for deletion of Personal Information that we are required by law to retain or have a legitimate interest in keeping (such as for fraud detection purposes). Bear in mind that neither you nor Tribe can delete all copies of information that have been previously shared with others on the Tribe Platform.
10.6 If you are located in the European Economic Area (EEA), in addition to the rights described above, you may contact Tribe Customer Care to:
(i) request a restriction on the processing of your Personal Information,
(ii) object to the processing of your Personal Information, or
(iii) exercise other rights with respect to your Personal Information. Please note that a restriction on Tribe’s ability to process your Personal Information etc. may limit your ability to use the Tribe Platform.
11 Making a Complaint
11.1 If you think Tribe has breached any relevant privacy law, or you wish to make a complaint about the way Tribe has handled your Personal Information, you can contact TribeCustomer Care. Please include your name, email address and/or telephone number and clearly describe your complaint. Tribe will acknowledge your complaint and respond to you regarding your complaint within a reasonable period. If you think that Tribe has failed to resolve the complaint satisfactorily, Tribe will provide you with information about the further steps you can take.
12 The EU General Data Protection Regulation
12.1 The EU General Data Protection Regulation (GDPR) applies to the Personal Information of the residents of the EEA. To the extent that the GDPR applies to Tribe and your Personal Information, this clause applies.
12.2 Legal grounds for processing your Personal Information
The legal basis on which Tribe processes your Personal Information for the purposes set out in clause 2 above will typically be because:
(a) you provided your consent;
(b) it is necessary for our contractual relationship;
(c) the processing is necessary for Tribe to comply with Tribe’s legal or regulatory obligations; and/or
(d) the processing is in Tribe’s legitimate interest as a platform which allows Customers to receive services (for example, to protect the security and integrity of Tribe systems and to provide you with customer care, etc.).
12.3 Data Controller and Data Processor
You agree that you shall be the Controller of your Personal Information and Tribe will be the Processor of such data and each party shall comply with the applicable laws relating to processing of Personal Information and data privacy to the extent applicable to such party in their respective role.
12.4 Transfer of Personal Information
(a) Tribe’s operations are spread across the globe. As a result, Tribe may need to transfer your Personal Information outside of the country from which it was originally provided. This may be intra-group or to third parties that Tribe works with who may be located in jurisdictions outside the EEA, Switzerland, and the UK which have no data protection laws or laws that are less strict compared with those in Europe.
(b) Whenever Tribe transfers Personal Information outside of the EEA, Switzerland or the UK, Tribe takes legally required steps to make sure that appropriate safeguards are in place to protect your Personal Information.
12.5 Personal Information Retention
Tribe retains your Personal Information for as long as your Agreement with Tribe is in force.Tribe may retain some or all of your Tribe Account information and/or User Content even after closure of your Tribe Account. Such information may persist on backup or archival media for an additional period for legal, tax, or regulatory reasons or for legitimate and lawful business purposes.
12.6 Your Rights
Data protection laws provide you with rights in respect of Personal Information that Tribe holds about you, including the right to request a copy of the Personal Information, request that Tribe rectify, restrict or delete your Personal Information, object to profiling and unsubscribe from marketing communications.
To exercise any of your rights, please contact Tribe Customer Care. Please note that requests to exercise data protection rights will be assessed by Tribe on a case-by-case basis. There may be circumstances where Tribe may not be legally required to comply with your request including because of exemptions provided for in data protection legislation. If you have a complaint about how Tribe handles your Personal Information, please contact Tribe Customer Care. If you are not happy with how Tribe has attempted to resolve your complaint, you may contact the relevant data protection authority.
13 Privacy Rights for California Residents
13.1 If you reside in California, then in addition to the rights described above, you have been provided certain additional rights with respect to your Personal Information under the California Consumer Privacy Act or (CCPA) (California Civil Code Section 1798.100 et seq.).These rights are discussed in clauses 13.3 to 13.7.
13.3 Right to Know
You have a right to request and know the following information about you in writing:
(a) Categories of Personal Information that Tribe collects about you;
(b) Purposes for which Tribe collects your Personal Information;
(c) Sources from which Tribe collects your Personal Information;
(d) Categories of Personal Information Tribe has disclosed about you; and
(e) Categories of third parties with whom Tribe shares your Personal Information.
13.4 Right against Discrimination
You have a right to receive the same services and price as other Users and cannot be discriminated against for exercising any of the rights described in clauses 13.3 to 13.7. Tribe will not discriminate against you in any manner for exercising any of these rights.
13.5 Right to access your Personal Information
You have the right to request access to the categories of Personal Information Tribe has collected about you in the last 12 months.
To clarify, in the preceding 12 months, Tribe collected the following categories of Personal Information about you:
(a) Identifiers such as your first and last names, email address, phone number, IP address, unique device identifiers or another online identifier;
(b) Commercial information such as your payment information and related information to enable you to pay for the services you receive;
(c) Internet or your connection related information such as the name of your internet provider, Internet browser type and version and your IP address;
(d) Electronic, audio, visual or similar information such as photos and videos uploaded by you and video recordings of you;
(e) Professional or employment related information (such as those provided by Pros); and
(f) Other information that relates to or is capable of being associated with you.
13.6 Right to ask for deletion of your Personal Information
You have the right to ask Tribe to delete any Personal Information that Tribe has collected about you. This right is subject to certain exceptions and Tribe may retain your Personal Information where Tribe cannot verify your request, or where Tribe needs to retain the Personal Information to comply with its legal obligations, etc.
13.7 Right to opt-out of having your Personal Information sold
You have the right to opt-out of having your Personal Information sold. To clarify, Tribe does not sell your Personal Information.
13.8 How do you exercise your rights?
Users residing in California may exercise these rights by emailing Tribe Customer Care. Please note that Tribe may ask you for proof of account ownership and, or identity before completing your request. Tribe will only use such information to verify your identity, and for fraud prevention or security purposes.
14 Contact Tribe Customer Care
15.1 The following words and expressions shall, unless the context otherwise requires, have the following meanings:
Automatic Data means certain information that is sent to Tribe from the computer, mobile device and/or browser through which you access the Website and the Applications.
GDPR means EU General Data Protection Regulations.
Non-Personally Identifiable Information means information which does not relate to a person and/or cannot be used to identify a person.
Personal Information means information that identifies you as a specific individual and can be used to identify and contact you as needed. Examples of Personal Information include your name, home or business address, email address and phone number.
Words not defined in this clause 15 but defined elsewhere in the Agreement shall have the meaning as ascribed to them under the relevant clause.