Acceptable Use Policy

a. We encourage recipients of email messages sent using the Talent Gleam Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to abuse@pinpointhq.com. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.

b. If you know of or suspect a violation of this AUP, you must promptly notify us in writing of the known or suspected violation of this AUP.

a. You may not use Talent Gleam to send spam. Spam can be in the form of bulk email or one to one commercial emails.

i) Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content.

ii) One-to-one commercial emails are considered spam when they violate the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (“CAN-SPAM“) or other applicable privacy laws.

b. You may not use the Talent Gleam Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver: (i) emails in violation of any applicable laws, including as detailed above; (ii) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); or (iii) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry.

c. You may not use any misleading or false names, addresses, email address, or subject lines.

d. Email sent, or caused to be sent to or through the Talent Gleam Service may not: (i) use or contain invalid or forged headers; (ii) use or contain invalid or non-existent domain names; (iii) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; (iv) use other means of deceptive addressing; (v) use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; (vi) contain false or misleading information in the subject line or otherwise contain false or misleading content; or (vii) use the Talent Gleam trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.

e. If you use email, we recommend that you adopt the Messaging, Malware and Mobile Anti-Abuse Working Group (M3AAWG) Sender Best Communications Practices (BCP), which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. You will use commercially reasonable efforts to follow these practices.

f. Use of the Talent Gleam Service is subject to fair use restrictions. The relevant bandwidth restrictions will be provided by Talent Gleam on request. We reserve the right to charge you a reasonable fee for each communication sent in excess of the fair use restrictions or otherwise in breach of this AUP.

a. You agree not to use the Talent Gleam Service in a way that impacts the normal operation, privacy, integrity or security of another’s property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. 

b. You also agree not to use the Talent Gleam Service to gain unauthorised access to, use, monitor, make an unauthorised reference to, another’s property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. You also agree not to use the Talent Gleam Service in a way that causes or may cause any Talent Gleam IP addresses, Talent Gleam domains, or Talent Gleam customer domains to be blacklisted.  These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

a. Without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Talent Gleam Service with content, or in a manner that:

• is threatening, abusive, harassing, stalking, or defamatory;
• is deceptive, false, misleading or fraudulent;
• is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
• contains vulgar, obscene, indecent or unlawful material;
• infringes a third party’s intellectual property right(s);
• uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
• restricts or inhibits any other user of the Talent Gleam Service from using and enjoying our website and/or the Talent Gleam Service;
• harvests or otherwise collects information about others, including e-mail addresses, without their consent;
• violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
• is legally actionable between private parties;
• is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the CAN-SPAM Act, the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), PECR, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in your or your email recipient’s country of residence.

b. You will use the Talent Gleam Service for your internal business purposes and will not: (i) tamper with the security of the Talent Gleam Service or tamper with our customer accounts; (ii) access data on the Talent Gleam Service not intended for you; (iii) log into a server or account on the Talent Gleam Service that you are not authorised to access; (iv) attempt to probe, scan or test the vulnerability of any Talent Gleam Service or to breach the security or authentication measures without proper authorisation; (v) wilfully render any part of the Talent Gleam Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Talent Gleam Service or make the Talent Gleam Service available to a third party other than as contemplated in your subscription to the Talent Gleam Service; (vii) use the Talent Gleam Service for timesharing or service bureau purposes or otherwise for the benefit of a third party;  (viii) provide to third parties any evaluation version of the Talent Gleam Service without our prior written consent; (ix) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Talent Gleam Service or any software, documentation or data related to the Talent Gleam Service; or (x) modify, translate, or create derivative works based on the Talent Gleam Service (except to the extent expressly permitted by us in writing).

a. Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the Talent Gleam Service, or any identifier or tag generated by the Talent Gleam Service, including without limitation: (i) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (ii) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.

a. We may immediately suspend your access to the Talent Gleam Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP. In addition to the rights and remedies set out in our Sales Agreement, we may suspend or terminate your access to the Talent Gleam Service for any breach of this AUP. 

b. You acknowledge we may disclose information regarding your use of any Talent Gleam Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.

c. We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.

d. We may update and change any part or all of this AUP at any time. When we change this AUP, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically as If you carry on using the Talent Gleam Service after we make changes to the AUP, it means you’ve agreed to the changes.