Privacy and Terms of Service
Non-Personally Identifiable User Information
We automatically collect non-personally identifiable information about our site’s users, including the domain name and IP address of visitors, the browser and operating system used, the date and time of each visit and the source of referral. This information does not identify individual visitors, and it is used for our own research purposes and to improve the site’s content, structure, and security.
Personally Identifiable Information
We collect personally identifiable information from you through the site (such as your name, mailing address or email address) when you choose to sign up for our newsletter or otherwise voluntarily provide such information to us. We use your personally identifiable information to create a customized digital experience through the various truth platforms, for analytics, personalization and tracking, and for the purpose for which it was provided, (for example, to add you to our newsletter distribution list, to respond to a query or to fulfill a purchase of truth®merch). If you provide us with your email address, we may begin sending you emails with information that we think will be of interest to you. If, at any time, you wish to stop receiving emails from us, please follow the unsubscribe instructions at the bottom of any email you receive. If you provide your cell phone number to us, you consent to receive autodialed messages and texts at that number on any subject from us, unless and until you request that such messages stop.
We also use personal information about users to our website to better understand how people use our site so that we can improve the website and its offerings.
Unfortunately, given the complexity of privacy regulations outside the United States, we do not profile, personalize, track or create customized digital experience for IP addresses that appear to come from outside the United States. As a result, you may not have the benefit of full digital platform experience.
We take appropriate security measures to protect against unauthorized access to or disclosure or destruction of our users' data.We restrict access to personal information to our employees, contractors, and agents who need to know that information in order to perform their jobs. Nonetheless, we cannot guarantee that your information is 100% secure.
Sharing Personal Information
We may share your personal information with other like-minded organizations, government officials or other policy-makers, or the press if we believe it will help advance our mission of achieving a culture where all youth and young adults reject tobacco and drugs.
We may also share your information if you provide the information in a context where you would expect the information to be shared. For instance, if you choose to sign a truth-sponsored petition with your name and email address, we may share that information with the party receiving the petition. We may use third party service providers to help us operate our website or administer activities on our behalf. Examples may include fulfilling orders, delivering packages, removing repetitive information from customer lists, processing credit card payments and providing customer service. We may share personal information about our users with these third parties for those limited purposes, but we require that such third parties protect the confidentiality of user information.
In addition, we will share personally identifiable information about our users when required to do so by law, or in the good faith belief that such action is necessary to comply with state and federal laws or to respond to a court order, subpoena, or search warrant. We will also share personally identifiable information if we believe it is necessary to protect the rights, property and safety of us or others.
We may also share personally identifiable information in connection with, or during negotiations of, a merger, sale of company assets, financing or acquisition of all or a portion of our business to another entity. Moreover, we may share personally identifiable information about a user upon the user’s consent.
We may share generic aggregated demographic information not linked to any personally identifiable information regarding our website users with third parties.
Notwithstanding any other provision, we partner with third parties that collect information across various channels, including offline and online, for purpoes of delivering more relevant advertising to you or your business. Our partners may place or recognize a cookie on your computer, device, or directly in our emails/communications. We may share personal information with them if you have submitted such information we share with them to the cookie stored on your browser or device, and they may automatically collect information such as your IP address, browser or operating system type and version, and demographic or inferred-interest information. Our partners use this information to recongize you across different channels and platforms, including but not limited to, computers, mobile devices, over time for advertising (including addressable TV), analytics, attribution, and reporting purposes.
Third Party Websites
Adobe Cloud Marketing Coop
Truth Initiative participates in the Adobe Marketing Cloud Device Co-op to better understand how you use our website and apps across the various devices you use, and to deliver tailored promotions and communications. Learn more at https://cross-device-privacy.adobe.com about how Adobe does this.
Compliance with Children's Online Privacy Protection Act
Protecting the privacy of the young is especially important. For that reason, we never collect information at the website from those we know are under 13, and no part of the website is structured to attract anyone under 13. If we become aware of having information about anyone under 13, we will promptly delete the information, unless we obtain consent from the parent or legal guardian of the child to retain such information.
SPECIAL PROVISIONS FOR THIS IS QUITTING PROGRAM
We are excited that you have decided to use This is Quitting to achieve your vaping cessation goals. We are constantly trying to improve our web and mobile tools to help people quit vaping. To further that goal, we collect data about your use of This is Quitting services (e.g., number and frequency of program use, the content of your texts, etc.).
Data collected from the program may be used for public health and research purposes to help us build better tools for quitting smoking or vaping.
When you sign up for This is Quitting, you are agreeing that at a later date, we may send you communications and content about other Truth Initiative programs, initiatives, campaigns and messaging. You may unsubscribe to these communications at any time.
We may share with other third-party research partners or sponsoring organizations certain aggregated, de-identified data collected from users without their consent. Such information will not include any personally identifiable information such as your name or phone number.
Information provided as part of This is Quitting does not constitute medical advice. This is Quitting services are not to be used to make diagnoses, prescribe medicine or provide treatment, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. The This is Quitting program is provided as a self-help service to provide you with support while quitting vaping. Please contact your health care provider with any concerns about your physical or mental health or about whether this program is or is not working for you. We do not promise or guarantee any outcome, including that you will successfully quit vaping.
For versions of This is Quitting offered through a school, healthcare system, public health organization or other sponsoring entity (each, a "Sponsoring Entity"), we may share aggregated, de-identified data about your use of This is Quitting with such Sponsoring Entity.
Your Acceptance of These Terms
Terms of Service
Truth Initiative provides the website www.thetruth.com (the “Site”) under the following Terms of Service (“Terms”), which may be amended from time to time at our sole discretion. Your use of the Site constitutes your agreement to these Terms.
Unless otherwise indicated, Truth Initiative owns all legal right, title and interest in and to the Site, including any and all intellectual property rights. All such intellectual property, including without limitation all trademarks of Truth Initiative, may not be used without Truth Initiative’s written consent.
You, not Truth Initiative, are legally responsible for any material you post on the Site (“Your Content”). You agree to post only content to which you own the copyright (or other applicable rights) or have written permission from the rights owner to post. Your Content also encompasses your name, likeness and/or image, should you post such items to the Site. You agree not to post any material that:
- violates or infringes upon the intellectual property, privacy, publicity or similar rights of others;
- is abusive, offensive, discriminatory, profane, vulgar, obscene, disparaging, defamatory, libelous, slanderous, or contains information known by you to be false, inaccurate, or misleading;
- violates any law, statute, ordinance or regulation or any third party agreement to which you are subject (e.g., Facebook, Twitter, Instagram, Vine, YouTube, Pinterest, etc.);
- contains (i) third party websites; and/or (ii) addresses, email addresses, contact information, phone numbers or other personal identifiable information (other than your own);
- is in the nature of advertising or marketing; and/or
- contains any computer viruses, worms, harmful code, or other potentially damaging computer programs, applications or files.
In addition, by posting Your Content on the Site, you grant Truth Initiative a non-exclusive, perpetual and royalty-free right and license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content in any manner consistent with Truth Initiative’s charitable purpose. This means that Your Content will not be treated as confidential and proprietary, and we’ll be able to freely use Your Content without attribution or compensation or payment of any kind to you.
Truth Initiative does not endorse or take responsibility for user-provided content. While Truth Initiative does not routinely review user-proved content, Truth Initiative reserves the right, but is not obligated, to remove any information or materials posted on the Site for any or no reason, at its sole discretion.
You Represent and Warrant That:
- You are at least thirteen (13) years of age;
- You own or otherwise lawfully possess all rights in and to Your Content; and
- Your Content does not and will not violate these Terms or cause injury to any person or entity.
Indemnification and Hold Harmless
You will indemnify and hold harmless Truth Initiative and its officers, directors, employees, and agents from all claims arising out of or related to: (i) Your Content; and/or (ii) your use of, or your inability to use, the Site or the information contained therein or any other website(s) to which the Site is linked.
Truth Initiative reserves the right to change or terminate any aspect of the Site, including the Site itself and individual user accounts for any or no reason. Truth Initiative also reserves the right to impose limits on certain features of the Site or restrict access to all or parts of the Site without notice or penalty. Additionally, Truth Initiative may revise these Terms from time to time, and the most current version will always be posted on the Site.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUTH INITIATIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL TRUTH INITIATIVE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with Truth Initiative regarding the Site shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The prevailing party in any such arbitration shall be entitled to recover reasonable attorney’s fees from the other party. However, nothing shall prevent either you or Truth Initiative from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site. ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRUTH INITIATIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law and Jurisdiction
The Site is controlled and operated from the United States. These Terms shall be governed by the laws of the District of Columbia, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a local court located in the District of Columbia or the United States District Court for the District of Columbia, for any actions not subject to the arbitration provisions set forth above.
Indemnification and Hold Harmless
You will indemnify and hold harmless Truth Initiative and its officers, directors, employees, and agents from any and all claims arising out of or related to (1) your Content and/or (2) your use of, or your inability to use, this Application or the information contained therein.
Truth Initiative’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Amended on April 27, 2020