TERMS AND CONDITIONS 

These Terms and Conditions govern the relationship between Throtle (“Company”) and its Clients (“Client” or “you”) regarding the use of the Company’s services, including but not limited to identity resolution, data activation, Ignition platform, and onboarding to demand-side platforms (DSPs) (collectively, the “Services”).  

Client is responsible for each operation a Client performs (an “Action”) through the Throtle Platform. Each Action shall incur fees as set forth in the agreement(s) between Throtle and Company governing products or services delivered through the Platform. Additional terms and conditions governing specific Actions, products, or services may be set forth in the Master Service Agreement and Statement of Work . 

By using Throtle’s Product and Services, you agree that you will use your best efforts to prevent the misuse or unauthorized use of the Products and Services by any third person or entity. 
 

Definitions 

1.1 “Personal Data” means any information that identifies, relates to, or can be associated with an identifiable individual, as defined by applicable privacy laws. 

1.2 “Client Data” means any data, including Personal Data, provided by Client to Company for use in connection with the Services. 

1.3 “Services” means identity resolution, data onboarding, data activation, and integration with DSPs as provided by the Company. 

1.4 “Data Subject” means the individual to whom Personal Data pertains, as defined by applicable privacy laws. 

Compliance with Privacy Laws 

2.1 Applicable Laws 
Both Company and Client agree to comply with all applicable federal, state, and local privacy laws, including but not limited to the CCPA, CPRA, CAN-SPAM Act, TCPA, COPPA, State Consumer Privacy Laws, and State Registry Laws, Do Not Call lists and other laws and regulations that apply to the collection, use, and sharing of Personal Data. 

2.2 Client Responsibilities 
Client represents and warrants that it has obtained all necessary rights, consents, and legal bases for the collection, processing, and sharing of Client Data, including Personal Data, in compliance with applicable privacy laws. Client agrees to provide clear and conspicuous privacy notices to Data Subjects and to honor consumer rights requests (such as rights to access, delete, or opt out) in accordance with the law. 

2.3 Data Protection Addendum (DPA) 
In the event that the Services involve the processing of Personal Data subject to privacy laws, the parties agree to execute a Data Protection Addendum (DPA), which shall govern the processing of such data and ensure compliance with data protection laws. 

Use of the Services 

3.1 Identity Resolution and Data Onboarding 
Company provides identity resolution and onboarding services that enable Client to match and onboard Client Data to platforms such as DSPs. Client acknowledges that Company processes Client Data, including pseudonymized or hashed personal identifiers, to create more accurate consumer profiles and enhance advertising efforts, in compliance with applicable laws. 

3.2 Data Activation 
Company enables the activation of Client Data across various digital channels, including but not limited to DSPs. Client agrees to use any data activated through the Company’s Services only for its intended purposes and in compliance with privacy laws, ensuring that Data Subjects have not opted out of such processing where applicable. 

3.3 Ignition Platform 

Throtle Ignition is healthcare’s premier identity platform, powered by Throtle’s unparalleled identity graphs. It is a self-serve solution designed to unify, manage, and activate data seamlessly across multiple channels and devices. The platform offers an automated system that enables targeted marketing campaigns and personalized customer experiences with precision. Throtle Ignition includes robust tools for data onboarding and activation, identity resolution, comprehensive reporting, crosswalking, and data enrichment, ensuring a comprehensive approach to data management. Additionally, it prioritizes data security and privacy compliance, providing organizations with a reliable and secure way to enhance their data-driven strategies. 

3.4 Throtle Tag 

Throtle Tag enables seamless implementation while providing valuable insights that go beyond basic web site data collection. This JavaScript tag allows you a layer of transparency to your web site traffic to know who has arrived on which pages then connect them to additional data as needed. The Throtle Tag delivers additional data to improve web site monetization and power retargeting or omnichannel efforts – and with the flexibility to address cookieless matching in a privacy safe manner 

3.5 Prohibited Activities 
Client agrees not to use the Services for any unlawful, unauthorized, or prohibited purposes, including but not limited to: 
a. Re-identification of anonymized or pseudonymized data, 
b. Processing or using sensitive Personal Data (e.g., health data, biometric data) without the explicit consent of Data Subjects, 
c. Disassemble, decompile, reverse engineer, modify, or otherwise alter the Products and Services or any part thereof, 

d. Access data not intended for your use, 

e. Facilitate consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized under these Terms, 

f. Create, send, or display pornography, sexually explicit, lewd, or grossly offensive content, or campaigns promoting or supporting terrorism or violent extremism, 

g. For any purpose that violates the privacy or data protection rights of any person, 

h. For any communication that refers to selection criteria or presumed knowledge about the recipient, and 

i. To display or market material that exploits any person under the age of 18. 

Data Security and Retention 

4.1 Security Measures 
Company will implement and maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of Personal Data processed through its Services, in accordance with industry standards and applicable privacy laws. 

4.2 Data Retention 
Company will retain Client Data only for as long as necessary to fulfill the purposes outlined in this Agreement or as required by law. Upon termination of the Agreement, Company will securely delete or anonymize Client Data, unless required by law to retain it for a longer period. 

Consumer Rights and Requests 

5.1 Opt-Out Requests 
Company acknowledges that consumers have the right to opt out of the sale or sharing of their Personal Data under certain privacy laws (e.g., CCPA). Client agrees to honor all opt-out requests made by Data Subjects in compliance with applicable laws and ensure that such opt-outs are communicated to the Company to prevent further processing or activation of such data. 

5.2 Access, Deletion, and Correction Requests 
Client agrees to cooperate with Company to honor Data Subject requests to access, delete, or correct their Personal Data in compliance with applicable privacy laws. If a Data Subject submits such a request directly to the Company, Company will notify the Client and will assist in fulfilling the request as required by law. 

Third-Party Data Sharing 

6.1 DSP and Other Platforms 
Company may share pseudonymized or aggregated data segments with DSPs and other advertising platforms as necessary to fulfill the Services. Client understands that such sharing may be subject to additional terms and conditions imposed by the DSPs or platforms and agrees to comply with such terms in accordance with the law. 

6.2 Third-Party Data Use 
Client shall not use data provided through the Company’s Services to re-identify individuals or merge data in ways that violate privacy laws or the contractual obligations of third-party data providers. If Client acquires third-party data from the Company, it agrees to use such data in accordance with any relevant data licensing agreements. 

Miscellaneous 

7.1 Amendments 
Company reserves the right to amend these Terms and Conditions to reflect changes in applicable laws or business practices. Client will be notified of any material changes, and continued use of the Services after such notice constitutes acceptance of the updated terms. 

Throtle reserves the right to review and audit your use of the Products and Services to ensure compliance with these Terms; any failure by Throtle to review such use will not constitute acceptance of such use or waive any of Throtle’s right hereunder or limit any of your obligations with respect to these Terms.