Welcome to Trova! We are an online community that brings people together to create the most inclusive and social communities where we live work and play. Our mission is to foster meaningful relationships so that our users can expand their network offline.
Last updated: November 1, 2019
1. Scope of Terms
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Trova.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements between Trova and you. Trova may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN SECTION 5 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TROVA ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Trova may amend these Terms from time to time. Amendments will be effective upon Trova’s posting of such updated Terms at this location, www.trova.io/terms-and-conditions. We advise you to continually check www.trova.io/terms-and-conditions for updated terms and conditions. Continued access or use of the Services after such posting confirms your consent to be bound by these Terms, as amended. If Trova changes these Terms after the date you first agreed to these Terms (or to any subsequent changes to these Terms), and you reject any such changes, your sole recourse is to immediately discontinue use of the Service.
2. Trova Community rules
Trova may prohibit any user from using the Services in our sole discretion at any time for any reason and We are not liable for any damage or loss resulting from such prohibition.
By using the Service, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
use the Service for any harmful or nefarious purpose.
use the Service in order to damage Trova.
spam, solicit money from, or defraud any users.
impersonate any person or entity or post any images of another person without his or her permission.
bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users, or disseminate another person’s personal information without his or her permission.
use another user’s account.
create another account if we have already terminated your account, unless you have our permission.
Trova reserves the right to investigate and/ or terminate your account if you have violated this Agreement, misused the Service, or behaved in a way that Trova regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
Safety and Your Interactions with Other Users.
Though Trova strives to encourage a respectful user experience through features like matching that allows users to communicate with one another, Trova and the Property manager are not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Trova's Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT TROVA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. TROVA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. TROVA RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT TROVA MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
Other users’ content
Although Trova reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Trova cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via email@example.com.
Our responsibilities and your feedback
Trova may deploy automated technologies to detect child pornography, other illegal or abusive material, or any material that we reasonably believe may harm our Trova, Renters, Property Managers, or third parties.
We welcome all feedback about Trova, but please note that we may use your comments or suggestions without any obligation or compensation to you.
3. Access and Use of the Services
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize other persons to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no use of the service to violate housing laws or any other applicable laws).
You understand that you may opt-out of receiving text messages and/or emails from Trova at any time by contacting firstname.lastname@example.org. If you do not choose to opt-out, Trova may contact you as outlined in its User Privacy Statement, located at www.trova.io/terms-and-conditions.
Any User Content provided by you remains your property. However, by providing User Content to Trova, you grant Trova a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Trova’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Trova the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Trova’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Trova in its sole discretion, whether or not such material may be protected by law. Trova may, but shall not be obligated to, review, monitor, or remove User Content, at Trova’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Trova does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You agree to accept responsibility for all activities that occur under your User ID and Password. You are responsible for maintaining the confidentiality of your password, and for restricting access to your computer so that others may not access the Services in your name or under your account. You agree to immediately notify us of any unauthorized use of your User ID or Password or any other breach of security. You agree that you are solely responsible and liable for the use of your User ID and Password even if they are used by a third party. We shall not be liable for any loss or damage arising from your negligence or failure to maintain the confidentiality of your User ID or Password. You understand and acknowledge that we do not keep your Password in our possession so we have no control over its confidentiality. As such, you will be responsible for any loss and damage suffered by us where any third party abuses the Services using your login details and/or computing environment, including hardware and software.
Content Posted by Third Parties
We cannot control all Content posted by third parties to the Services, and We do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damages of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
4. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to Help@trova.io or by mail to Trova Inc. PO Box 1311, Hanover MA 02331 attention Copyright Infringement.
Trova will terminate the accounts of repeat infringers.
5. Arbitration Agreement
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Trova on an individual basis in arbitration, as set forth in this Section 5 (such section being referred to in this Agreement as the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against Trova, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Trova by someone else.
Agreement to Binding Arbitration Between You and Trova.
You and Trova agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to these Terms, will be settled by binding arbitration between you and Trova, and not in a court of law.
You acknowledge and agree that you and Trova are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Trova otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Trova each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. The parties intend that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Massachusetts.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Illinois and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and Trova otherwise agree, the arbitration will be conducted in Boston, Massachusetts. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Trova submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedent or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, only to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions in Section 1, regarding consent to be bound by amendments to these Terms, if Trova changes this Arbitration Agreement after the date you first agreed to these Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Trova written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Trova in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to these Terms (or to any subsequent changes to these Terms).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
6. The Services
The “Services” comprise mobile applications and related services, that enable the efficient exchange of information among and between Renters and Property Managers for those properties. Unless otherwise agreed by Trova in a separate written agreement with you (for example, if you are a Property Manager that has agreed with Trova), the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES DOES NOT ESTABLISH TROVA AS A PARTY PROVIDING, RENTING, OR SALE OF DWELLINGS, AS SUCH TERMS, ARE DEFINED UNDER THE FAIR HOUSING ACT, CODIFIED AT 42 U.S.C. 3601-3619 AND RELATED SECTIONS, AND AS AMENDED.
TROVA DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. TROVA IS NOT A FINANCIAL OR REAL ESTATE BROKER OR LENDER. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT TROVA ’S ROLE IS LIMITED AS SET FORTH IN THIS SECTION.
Trova is primarily an online community that connects prospective Renters, Renters, and Community Managers with their peers who are current residents of an apartment community. Trova does not: (a) act as a real estate agent for you or any other User; (b) represent you or another User in the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Trova assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any other person takes based on the Services or any other information available through or in connection with the Services.
The views and opinions expressed by Renters are those only of those individuals and do not reflect the views, opinions, or position of the corresponding Property Manager or Trova.
Further, Trova does not (a) guarantee or ensure any apartment or any transaction between a Renter and Property Manager, (b) collect or process payment or execute any lease or sublease documentation on behalf of Renters and Property Managers, or (c) broker, lease, or sublease or offer to broker, lease or sublease, or own any apartments.
Trova does not guarantee or ensure that the information or User Content, described in Section 2 above, provided by a user of Trova to any other user of the platform is accurate.
Rewards and Incentives.
Property Managers may, in connection with Renters’ use of the services, offer certain financial incentives, including referral "awards" or similarly referred-to payments. YOU ACKNOWLEDGE AND AGREE THAT TROVA IS NOT RESPONSIBLE FOR PAYMENT OF ANY SUCH AMOUNTS, AND THAT THE FULL RESPONSIBILITY FOR SUCH PAYMENTS LIES WITH THE PROPERTY MANAGER.
Subject to your compliance with these Terms, Trova grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case, except as provided in these Terms, solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Trova and Trova’s licensors.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Trova ; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third-Party Services and Content.
The Services and all rights therein are and shall remain Trova’s property or the property of Trova’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Trova’s company names, logos, product and service names, trademarks or services marks or those of Trova’s licensors.
Terms Applicable to Property Managers
The provisions in this section are particular to Property Managers’ receipt of the Services. Accordingly, the term “you” in this section refers to Property Managers.
If you have entered into an arrangement with Trova concerning the Services by means of an agreement form or any other means (“Agreement Form”), you agree to pay all fees or charges to your Account (defined below) in accordance with this section.
Unless payment is made by credit card or ACH, you agree to pay all fees specified in the Agreement Form (the “Fees”) within 30 days of the date of invoice, all of which are priced in U.S. dollars and shall be paid in U.S. dollars. If payment is made by credit card or ACH, you expressly authorize Trova to automatically charge the applicable charge, or debit your account on a monthly basis and you agree that any fee increase made in accordance with this section may also be charged/debited in the same manner. You shall be responsible for any third-party fees such as bank charges. All payments received after the applicable due date will incur a late payment charge from such due date until paid at a rate equal to the lesser of 1.0% per month or the maximum rate permitted under applicable law. You agree to pay all of Trova’s costs, including attorneys’ fees, court costs, or other costs, incurred in collecting overdue amounts. The Fees do not include sales, use, excise, or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Services.
Trova will have the right to approve your creditworthiness prior to providing the Services. You hereby authorize Trova to obtain credit reports to determine such creditworthiness, and you agree to provide all information that Trova reasonably requires for use in connection with such inquiries.
The term for each Agreement Form shall begin on the date of signature by Trova, shall continue for the initial term specified on the Agreement Form (the “Initial Term”). The term of the Agreement Form shall continue for successive periods equal to the Initial Term (each such successive period being a “Renewal Term”) commencing on the last day of the Initial Term or the Renewal Term, unless at least 60 days prior to the last day of the Initial Term or the Renewal Term, either party has provided the other written notice of an intent not to renew. You acknowledge that you are responsible for payment of the Fees for the entire Renewal Term unless the Agreement Form is canceled in accordance with the notice provisions of this Section. Trova reserves the right, in its reasonable discretion, to reject or discontinue any Services (e.g., advertisements) at any time. Trova reserves the right to refuse to provide any advertisements to anyone for competitive and/or other business reasons including non-payment and you agree to pay for all Services rendered, prorated if partially completed. If you cancel any portion of the Services prior to the end of the Initial Term or any Renewal Term, then you shall pay Trova a cancellation fee equal to the amount that would be due in the remainder of the Initial Term or applicable Renewal Term. Either party may immediately terminate an Agreement Form in the event the other party commits a material breach of the Agreement Form and such breach is not cured by the breaching party within 30 days of its receipt of notice of such breach from the non-defaulting party. To be effective, terminations under this Section must be emailed to firstname.lastname@example.org. Trova and you may agree to revoke any termination, in which case, the Agreement Form will remain in effect.
7. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TROVA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, TROVA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY RENTAL PROPERTY OR INFORMATION ABOUT SUCH RENTAL PROPERTY MADE AVAILABLE THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TROVA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF ANY RENTAL PROPERTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICE REQUESTED IN CONNECTION THEREWITH, OR WITH THE RENTAL OR ATTEMPT TO RENT ANY PROPERTY REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
TROVA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF TROVA, EVEN IF TROVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TROVA SHALL NOT BE LIABLE FOR ANY CLAIM ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY (E.G., ANOTHER RENTER OR A PROPERTY MANAGER), OR (iii) ANY INFORMATION PROVIDED BY ANOTHER USER (INCLUDING PROPERTY MANAGERS), OR ANY OTHER THIRD PARTY, EVEN IF TROVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TROVA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TROVA’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT PROPERTY MANAGERS MAY OFFER RENTALS NOT IN COMPLIANCE WITH APPLICABLE LAW, AND THAT TROVA SHALL HAVE NO OBLIGATION TO ENSURE OR MONITOR SUCH COMPLIANCE. FOR PURPOSES OF CLARITY, YOU HEREBY RELEASE TROVA, ALL OTHER USERS (INCLUDING PROPERTY MANAGERS), FROM ALL CLAIMS ARISING FROM OR RELATING TO ANY INFORMATION PROVIDED BY ANOTHER USER (INCLUDING PROPERTY MANAGERS) OR ANY OTHER THIRD PARTY.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TROVA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON TROVA’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Trova and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or; (ii) your breach or violation of any of these Terms; (iii)Trova’s use of your User Content; or (iv) your violation of the rights of any third party, including any other User or any Property Manager.
8. General Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Massachusetts, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Massachusetts residents to assert claims under Massachusetts law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 5 of these Terms, are only intended to specify the use of Massachusetts law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Massachusetts law to you if you do not otherwise reside in Massachusetts. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 5 or to any arbitrable disputes as defined therein. Instead, as described in Section 5, the Federal Arbitration Act shall apply to any such disputes.
You may not assign these Terms without Trova’s prior written approval. Trova may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Trova’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Trova, or any Third Party Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Trova’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Trova in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
About these Terms
These Terms create an agreement between Us and you. They do not create any third-party beneficiary rights. Waiver of any remedy for a breach of these Terms does not prevent Us from taking action in the future. The unenforceability of a single provision shall not affect the enforceability of the remainder of these Terms.
What are cookies?
Cookies are small text files that are sent to or accessed from your web browser or your device’s memory. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires), and a randomly generated unique number or similar identifier. A cookie also may contain information about your device, such as user settings, browsing history, and activities conducted while using our services.
There are first-party cookies and third-party cookies. First-party cookies are placed on your device directly by Trova. For example, we use first-party cookies to adapt our website to your browser’s language preferences and to better understand your use of our website. Third-party cookies are placed on your device by our partners and service providers.
There are session cookies and persistent cookies. Session cookies only last until you close your browser. We use session cookies for a variety of reasons, including to learn more about your use of our website during one single browser session and to help you to use our website more efficiently. Persistent cookies have a longer lifespan and aren't automatically deleted when you close your browser. These types of cookies are primarily used to help you quickly sign-in to our website again and for analytical purposes.
Web beacons (also calls pixel tags or clear gifs), and Tracking URLs or software development kits (SDKs) are used for similar purposes. Web beacons are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our service or opened an e-mail that we have sent them. Tracking URLs are custom generated links that help us understand where the traffic to our webpages comes from. SDKs are small pieces of code included in apps, which function like cookies and web beacons.
When you visit our website, some or all of the following types of cookies may be set on your device.
Essential website cookies are strictly necessary to provide you with services available through our website and to use some of its features, such as access to secure areas. Analytics cookies help us understand how our website is being used, how effective marketing campaigns are, and help us customize and improve our websites for you. Advertising cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, selecting advertisements that are based on your interests, and measuring the number of ads displayed and their performance, such as how many people clicked on a given ad. Social networking cookies are used to enable you to share pages and content that you find interesting on our website through third-party social networking and other websites. These cookies may also be used for advertising purposes too.
There are several cookie management options available to you. Please note that changes you make to your cookie preferences may make browsing our website a less satisfying experience. In some cases, you may even find yourself unable to use all or part of our site.
Browser and devices controls
Some web browsers provide settings that allow you to control or reject cookies or to alert you when a cookie is placed on your computer. The procedure for managing cookies is slightly different for each internet browser. You can check the specific steps in your particular browser help menu.
You also may be able to reset device identifiers by activating the appropriate setting on your mobile device. The procedure for managing device identifiers is slightly different for each device. You can check the specific steps in the help or settings menu of your particular device.
Interest-based advertising tools
You can opt-out of seeing online interest-based advertising from participating companies through the Digital Advertising Alliance, the Interactive Digital Advertising Alliance, or App choices (apps only).
Opting out does not mean you will not see advertising - it means you won’t see personalized advertising from the companies that participate in the opt-out programs. Also, if you delete cookies on your device after you opted out, you will need to opt-out again.
To allow you to share content on social media, some features of this website use social media plug-ins (e.g., Twitter™ “Share to Twitter” or LinkedIn™ “in” buttons). Depending on your social media account settings, we automatically receive information from the social media platform when you use the corresponding button on our website.
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If your terminal is likely to display content developed using the Flash platform, we suggest you access your Flash cookie management tools directly via https://www.adobe.com.
Some features of our website and some Trova services rely on the use of Google™ Maps API Cookies. Such cookies will be stored on your device. When browsing this website and using the services relying on Google™ Maps API cookies, you consent to the storage, collection of such cookies on your device, and to the access, usage, and sharing by Google of the data collected thereby.
Google™ manages the information and your choices pertaining to Google™ Maps API Cookies via an interface separate from that supplied by your browser. For more information, please see
How to contact us?
OUR COMMITMENT TO YOU
At Trova, your privacy is a top priority. Your privacy is at the core of the way we design and build the services and products you know and love so that you can fully trust them and focus on building meaningful connections.
We appreciate that you put your trust in us when you provide us with your information and we do not take this lightly.
We do not compromise with your privacy. We design all of our products and services with your privacy in mind. We involve experts from various fields, including legal, security, engineering, product design, and others to make sure that no decision is taken without respect for your privacy.
We work hard to keep your information secure We have teams dedicated to keeping your data safe and secure. We constantly update our security practices and invest in our security efforts to enhance the safety of your information.
We appreciate that you trust us with your information and we intend to always keep that trust. This starts with making sure you understand the information we collect, why we collect it, how it is used, and your choices regarding your information. This Policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum.
EFFECTIVE DATE: April 15, 2019
1. WHO WE ARE
Trova Inc., LLC
3. INFORMATION WE COLLECT
It goes without saying, we can’t help you develop meaningful connections without some information about you, such as basic profile details and the types of people you’d like to meet. We also collect information generated as you use our services, for example, access logs, as well as information from third parties, like when you access our services through a social media account. If you want additional info, we go into more detail below.
Information you give us
You choose to give us certain information when using our services. This includes:
When you create an account, you provide us with at least your login credentials, as well as some basic details necessary for the service to work, such as your gender and date of birth.
When you complete your profile, you can share with us additional information, such as details on your personality, lifestyle, interests, and other details about you, as well as content such as photos and videos. To add certain content, like pictures or videos, you may allow us to access your camera or photo album. Some of the information you choose to provide us may be considered “special” or “sensitive” in certain jurisdictions, for example, your racial or ethnic origins, sexual orientation, and religious beliefs. By choosing to provide this information, you consent to our processing of that information.
When you subscribe to a paid service or make a purchase directly from us (rather than through a platform such as iOS or Android), you provide us or our payment service provider with information, such as your debit or credit card number or other financial information.
When you participate in surveys or focus groups, you give us your insights into our products and services, responses to our questions, and testimonials.
When you choose to participate in our promotions, events, or contests, we collect the information that you use to register or enter.
If you contact our customer care team, we collect the information you give us during the interaction. Sometimes, we monitor or record these interactions for training purposes and to ensure a high quality of service.
If you ask us to communicate with or otherwise process information of other people (for example, if you ask us to send an email on your behalf to one of your friends), we collect the information about others that you give us in order to complete your request.
Of course, we also process your chats with other users as well as the content you publish, as part of the operation of the services.
Information we receive from others
In addition to the information you provide us directly, we receive information about you from others, including:
Other Users: Other users may provide information about you as they use our services. For instance, we may collect information about you from other users if they contact us about you.
Social Media : You may be able to use your social media login (such as Facebook Login) to create and log into your Trova account. This saves you from having to remember yet another user name and password and allows you to share some information from your social media account with us.
Other Partners: We may receive info about you from our partners, for instance where Trova ads are published on a partner’s websites and platforms (in which case they may pass along details on a campaign’s success).
Information collected when you use our services
When you use our services, we collect information about which features you’ve used, how you’ve used them, and the devices you use to access our services. See below for more details:
Usage Information : We collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in, features you’ve been using, searches, clicks and pages which have been shown to you, referring webpage address, advertising that you click on) and how you interact with other users (e.g., users you connect and interact with, time and date of your exchanges, number of messages you send and receive).
Device information We collect information from and about the device(s) you use to access our services, including:
hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address);
information on your wireless and mobile network connection, like your service provider and signal strength
information on device sensors such as accelerometers, gyroscopes, and compasses.
Other information with your consent If you give us permission, we can collect your precise geolocation (latitude and longitude) through various means, depending on the service and device you’re using, including GPS, Bluetooth, or Wi-Fi connections. The collection of your geolocation may occur in the background even when you aren’t using the services if the permission you gave us expressly permits such collection. If you decline permission for us to collect your geolocation, we will not collect it. Similarly, if you consent, we may collect your photos and videos (for instance, if you want to publish a photo, video, or streaming on the services).
4. COOKIES AND OTHER SIMILAR DATA COLLECTION TECHNOLOGIES
Some web browsers (including Safari, Internet Explorer, Firefox, and Chrome) have a “Do Not Track” (“DNT”) feature that tells a website that a user does not want to have his or her online activity tracked. If a website that responds to a DNT signal receives a DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many businesses, including Trova, do not currently respond to DNT signals.
5. HOW WE USE INFORMATION
The main reason we use your information is to deliver and improve our services. Additionally, we use your info to help keep you safe and to provide you with advertising that may be of interest to you. Read on for a more detailed explanation of the various reasons we use your information, together with practical examples.
To administer your account and provide our services to you
Create and manage your account
Provide you with customer support and respond to your requests
Complete your transactions
Communicate with you about our services, including order management and billing
To help you connect with other users
Analyze your profile and that of other users to recommend meaningful connections
Show users’ profiles to one another
To ensure a consistent experience across your devices
Link the various devices you use so that you can enjoy a consistent experience of our services on all of them. We do this by linking devices and browser data, such as when you log into your account on different devices or by using partial or full IP address, browser version, and similar data about your devices to help identify and link them.
To provide new Trova services to you
Register you and display your profile on new Trova features and apps
Administer your account on these new features and apps
To serve you relevant offers and ads
Administer sweepstakes, contests, discounts, or other offers
Develop, display and track content and advertising tailored to your interests on our services and other sites
Communicate with you by email, phone, social media or mobile device about products or services that we think may interest you
To improve our services and develop new ones
Administer focus groups and surveys
Conduct research and analysis of users’ behavior to improve our services and content (for instance, we may decide to change the look and feel or even substantially modify a given feature based on users’ behavior)
To prevent, detect and fight fraud or other illegal or unauthorized activities
Address ongoing or alleged misbehavior on and off-platform
Perform data analysis to better understand and design countermeasures against these activities
Retain data related to fraudulent activities to prevent recurrences
To ensure legal compliance
Comply with legal requirements
Assist law enforcement
Enforce or exercise our rights, for example, our Terms
To process your information as described above, we rely on the following legal bases:
Provide our service to you: Most of the time, the reason we process your information is to perform the contract that you have with us. For instance, as you go about using our service to build meaningful connections, we use your information to maintain your account and your profile, to make it viewable to other users, and recommend other users to you.
Legitimate interests: We may use your information where we have legitimate interests to do so. For instance, we analyze users’ behavior on our services to continuously improve our offerings, we suggest offers we think might interest you, and we process information for administrative, fraud detection, and other legal purposes.
6. HOW WE SHARE INFORMATION
Since our goal is to help you make meaningful connections, the main sharing of users’ information is, of course, with other users. We also share some users’ information with service providers and partners who assist us in operating the services. Read on for more details about how your information is shared with others.
With other users
You share information with other users (and in the case of any sharing features available on Trova, the individuals or apps with whom a Trova user may choose to share you with) when you voluntarily disclose information on the service (including your public profile). Please be careful with your information and make sure that the content you share is stuff that you’re comfortable being publicly viewable since neither you nor we can control what others do with your information once you share it.
If you choose to limit the audience for all or part of your profile or certain content or information about you, then it will be visible according to your settings.
With our service providers and partners
We use third parties to help us operate and improve our services. These third parties assist us with various tasks, including data hosting and maintenance, analytics, customer care, marketing, advertising, payment processing, and security operations.
We may also share information with partners who distribute and assist us in advertising our services. For instance, we may share limited information on you in hashed, non-human readable form to advertising partners.
We follow a strict vetting process prior to engaging any service provider or working with any partner. All of our service providers and partners must agree to strict confidentiality obligations.
For corporate transactions
We may transfer your information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, or other change of ownership or control.
When required by law
We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government/law enforcement investigation, or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.
To enforce legal rights
We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners, or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
With your consent or at your request
We may ask for your consent to share your information with third parties. In any such case, we will make it clear why we want to share the information.
7. CROSS-BORDER DATA TRANSFERS
The sharing of information laid out in Section 6 sometimes involves cross-border data transfers, for instance to the United States of America and other jurisdictions. As an example, where the service allows users to be located in the European Economic Area (“EEA”), their personal information is transferred to countries outside of the EEA. We use standard contract clauses approved by the European Commission or other suitable safeguards to permit data transfers from the EEA to other countries. Standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data.
8. YOUR RIGHTS
We want you to be in control of your information, so we have provided you with the following tools:
Access / Update tools in the service. Tools and account settings that help you to access, rectify or delete information that you provided to us and that’s associated with your account directly within the service. If you have any questions on those tools and settings, please contact our customer care team for help at email@example.com.
Device permissions. Mobile platforms have permission systems for specific types of device data and notifications, such as phone book and location services as well as push notifications. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.
Deletion. You can delete your account by using the corresponding functionality directly on the service.
We want you to be aware of your privacy rights. Here are a few key points to remember:
Reviewing your information. Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability, or variations of those terms). You can request a copy of your personal information by emailing firstname.lastname@example.org.
Updating your information. If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please contact us at email@example.com.
For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests
Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property, or the privacy of another user. If you wish to receive information relating to another user, such as a copy of any messages you received from him or her through our service, the other user will have to contact our Privacy Officer to provide their written consent before the information is released.
Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore. For instance, we cannot provide our service if we do not have your date of birth.
Uninstall. You can stop all information collection by an app by uninstalling it using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.
Accountability. In certain countries, including in the European Union, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work, or where we are established.
9. RESIDENTS OF CALIFORNIA
If you are a California resident, you can request a notice disclosing the categories of personal information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please submit your request to firstname.lastname@example.org. Please allow 30 days for a response. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer such a request.
10. HOW WE PROTECT YOUR INFORMATION
We work hard to protect you from unauthorized access to or alteration, disclosure, or destruction of your personal information. As with all technology companies, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure.
We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage, and processing practices to update our physical, technical, and organizational security measures.
We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security. If you believe that your account or information is no longer secure, please notify us immediately at email@example.com.
In order to ensure that our systems and your information are protected against unauthorized access, theft and loss, we implemented a bug bounty program.
11. HOW LONG WE RETAIN YOUR INFORMATION
We keep your personal information only as long as we need it for legitimate business purposes (as laid out in Section 5) and as permitted by applicable law. To protect the safety and security of our users on and off our services, we implement a safety retention window of three months following account deletion. During this period, account information will be retained although the account will of course not be visible on the services anymore.
In practice, we delete or anonymize your information upon deletion of your account (following the safety retention window) or after two years of continuous inactivity, unless:
we must keep it to comply with applicable law (for instance, some “traffic data” is kept for one year to comply with statutory data retention obligations);
there is an outstanding issue, claim, or dispute requiring us to keep the relevant information until it is resolved; or the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account.
Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints.
12. CHILDREN’S PRIVACY
Our services are restricted to users who are 18 years of age or older. We do not permit users under the age of 18 on our platform and we do not knowingly collect personal information from anyone under the age of 18. If you suspect that a user is under the age of 18, please provide account details to
Because we’re always looking for new and innovative ways to help you build meaningful connections, this policy may change over time. We will notify you before any material changes take effect so that you have time to review the changes.
14. HOW TO CONTACT US
PO BOX 1311
Hanover, MA 02339
Trova brings people together. New matches made daily, our community is constantly growing.
With so many people on Trova, user safety is a priority. We understand that meeting someone for the first time whether online, through an acquaintance, or on an outing is intriguing and exciting. However, your safety is very important, and because you are in control of your Trova experience, there are certain safety steps that you should follow while dating – both online and offline.
We ask you to read the tips and information below and strongly urge you to follow these guidelines in the interest of your personal safety and well-being. However, you are always the best judge of your own safety, and these guidelines are not intended to be a substitute for your own judgment.
Protect Your Finances & Never Send Money or Financial Information
Never respond to any request to send money, especially overseas or via wire transfer, and report it to us immediately – even if the person claims to be in an emergency. Wiring money is like sending cash: the sender has no protections against loss and it’s nearly impossible to reverse the transaction or trace the money.
Protect Your Personal Information
Never give personal information, such as your social security number, credit card number or bank information, or your work or home address to people you don’t know or haven’t met in person.
Note: Trova will never send you an email asking for your username and password information. Any such communication should be reported immediately.
Be Web Wise
Block and report suspicious users. You can block and report concerns about any suspicious user anonymously at any time on Trova. Keep conversations on the platform. Bad actors will try to move the conversation to text, personal email, or phone conversations.
Report All Suspicious Behavior
Asks you for money or donation
Minors using the platform.
Users sending harassing or offensive messages
Users behaving inappropriately after meeting in person
Fraudulent registration or profiles.
Spam or solicitation, such as invitations to call 1-900 numbers or attempts to sell products or services.
First meetings are exciting, but always take precautions and follow these guidelines to help you stay safe:
Get to Know the Other Person
Keep your communications limited to the platform and really get to know users online/using the app before meeting them in person. Bad actors often push people to communicate off the platform immediately. It’s up to you to research and do your due diligence.
Always Meet and Stay in Public
Meet for the first time in a populated, public place – never in a private or remote location, and never at your home or apartment. If your date pressures you, end the date and leave at once.
Tell Your Friends and Family Members of Your Plans
Inform a friend or family member of your plans and when and where you’re going. Make sure you have your cell phone charged and with you at all times.
Consumption of alcohol and/or other drugs can impair your judgment and potentially put you in danger. It’s important to keep a clear mind and avoid anything that might place you at risk. Be aware that bad actors might try to take advantage of you by altering your beverage(s) with synthetic substances.
Trova welcomes everyone and empowers our community of users to create and cultivate platonic relationships. An important aspect of any healthy relationship though – whether formed on Trova or otherwise. If your relationship moves from platonic to a sexual relationship, we encourage proper sexual health and safety. And as a member of the Trova community, it is your responsibility to make sure you do the following if you choose to engage in sexual activity.
Data Processing Addendum
Within this Data Processing Addendum, “GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679), and “Controller”, “Data Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach” and “Processing” shall have the same meanings as are defined in the GDPR. “Processed” and “Process” shall be construed in accordance with the definition of “Processing”. All other defined terms herein shall have the same meanings as are defined elsewhere in this Agreement.
In conducting its activities as Processor under this Agreement in relation to any Personal Data within Your Data (“Your Personal Data”), Trova confirms that:
the duration, subject matter, nature, and purpose of the Processing shall be as specified in the Agreement;
the types of Personal Data Processed shall include those specified in the definition of Your Data;
the categories of Data Subjects include your representatives, Users, and any other individuals identified or identifiable by Your Personal Data; and
your obligations and rights as Data Controller in relation to Your Personal Data are as set out in this Agreement.
To the extent that Trova Processes Your Personal Data under or in connection with the Agreement, Trova shall:
only Process Your Personal Data in accordance with your instructions as set out under this Agreement, including in respect of the transfer of Your Personal Data, subject to any exceptions permitted by Article 28(3)(a) of the GDPR;
ensure that those of its employees authorized to Process Your Personal Data under this Agreement have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality in relation to Your Personal Data;
implement the technical and organizational measures set out in the Data Security Addendum;
assist you by appropriate technical and organizational measures, insofar as this is possible through Trova, to enable you to fulfill your obligations to respond to requests for the exercise of rights by a Data Subject under Chapter III of the GDPR;
assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 GDPR taking into account the nature of the Processing and the information which is available to Trova;
on termination of the Agreement, delete the Personal Data pursuant to the Agreement, unless European Union or Member State law requires Personal Data to be retained;
make available to you the information described in this Agreement via Trova's obligation to make available all information that is necessary to demonstrate compliance with the obligations of Trova under Article 28 GDPR; and
on an annual basis, procure that a third-party auditor of Trova's choice conducts a SOC 2 Type II or other industry-standard audit of Trova's controls, such third party auditor being hereby mandated by you. At your request, Trova will provide you with a copy of its then-current audit report and such report will be deemed Trova's Confidential Information
Trova shall notify you without undue delay upon becoming aware of a Personal Data Breach relating to Your Personal Data. Such notice shall include, at the time of notification or as soon as possible after notification, relevant details of the Personal Data Breach where possible, including the number of your records affected, the category and approximate number of affected Users, anticipated consequences of the breach and any actual or proposed remedies, where appropriate, for mitigating the possible adverse effects of the breach.