INFLUENCER LTD PRIVACY NOTICE
Influencer Ltd, Influencer Holdings Ltd and Influencer Labs Inc (together, “Influencer”, “we”, “us” and “our”) operate a data-led, global influencer marketing business.
Influencer is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you in accordance with data protection law. Please read it carefully.
Data protection law says that the personal information we hold about you must be:
Used lawfully, fairly and in a transparent way.
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
Relevant to the purposes we have told you about and limited only to those purposes.
Accurate and kept up to date.
Kept only as long as necessary for the purposes we have told you about.
Influencer may use, or contain hyperlinks to, services owned and operated by third parties, including YouTube, YouTube API Services, and Google. These third party services may have their own privacy policies and terms of service and we recommend that you review them:
YouTube Terms of Service: https://www.youtube.com/static?gl=GB&template=terms;
Google Terms of Service: https://policies.google.com/terms?hl=en-US;
They will govern the use of personal data that you submit, or which is collected by cookies and other tracking technologies whilst using these services. We do not accept any responsibility or liability for the privacy practices of such third party services and your use of these is at your own risk.
This notice is separated into the following sections for ease of reference. If you have any questions about this notice or how we collect and use personal information about you please contact us.
1. INFORMATION ABOUT US
1.1 Influencer Ltd is a company incorporated and registered in England under company number 09589798. Its registered office is at Floor 2, 51-53 Great Marlborough Street, London, England, W1F 7JT.
Influencer Holdings Ltd is a company incorporated and registered in England under company number 12776463. Its registered office is at Floor 2, 51-53 Great Marlborough Street, London, England, W1F 7JT.
Influencer Labs Inc is a company with its registered office at 154 W 14th Street, New York City 10011.
Reference to “Group Companies” in this Privacy Notice is reference to Influencer and any other members of our group from time to time (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006).
1.2 If you have any questions, our contact details are:
1.2.1 Floor 2, 51-53 Great Marlborough Street, London, England, W1F 7JT
1.2.2 +44 (0) 20 7100 4158
2. CONTRACT INFORMATION AND OTHER CORRESPONDENCE
2.1 When you enter into a contract with us (or someone does so on your behalf) there will be personal information about you relating to that contract such as your name, contact details, contract details, delivery details, and correspondence with us about the contract.
2.2 We need certain information to carry out our contract with you and you must provide this in order to enter into a contract with us (or as required under that contract), if you do not, we may not be able to carry out our contract with you. Mandatory information fields will be listed with an asterisk on your sign up form.
2.3 Other correspondence or interaction (for example by email, telephone, post, SMS or via our website) between you and us, will include personal information (such as names and contact details) in that correspondence. This may include enquiries, reviews, follow-up comments or complaints lodged by or against you and disputes with you or your organisation.
2.4 Call information. We may also collect details of phone numbers used to call our organisation and the date, time and duration of any calls. Please note that if we record your calls to or from us, we will inform you of this.
2.5 We will keep and use that information to carry out our contract with you (if applicable), to comply with any legal requirements for us to maintain certain records or carry out certain verifications, and/or for our legitimate interests in dealing with a complaint or enquiry and administering your (or your organisation’s) account or order and any services we offer, as well as to review and improve our offerings, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
2.6 Where your information relates to a contract, it is kept for a period of up to 6 years after your account is closed to enable us to deal with any after sales enquiries or claims and as required for tax purposes.
2.7 Payment information is collected by our payment card processing provider and is retained for 3 years following your account being deactivated from the influencer platform.
2.8 Any other information is kept for 6 years.
3.1 We may collect your name and contact details (such as your email address, phone number or address) in order to send you information about our products and services which you might be interested in. We may collect this directly from you, or through a third party. If a third party collected your name and contact details, they will only pass those details to us for marketing purposes if you have consented to them doing so.
3.2 You always have the right to “opt out” of receiving our marketing. You can exercise the right at any time by contacting us. If we send you any marketing emails, we will always provide an unsubscribe option to allow you to opt out of any further marketing emails. If you “opt-out” of our marketing materials you will be added to our suppression list to ensure we do not accidentally send you further marketing. Where you unsubscribe from any postal marketing, you may initially still receive some content which has already been printed or sent, but we will remove you from any future campaigns. We may still need to contact you administrative or operational purposes, but we will make sure that those communications don’t include direct marketing.
3.3 If you are an existing customer or are acting in a professional capacity as part of a company or LLP we use your contact details as necessary for our legitimate interests in marketing to you and maintaining a list of potential customers.
3.4 If you are not an existing customer, and are not acting in a professional capacity as part of a company or LLP, we will only contact you for marketing purposes with your consent (whether we have collected your details directly from you, or through a third party).
3.5 We never share your name or contact details with third parties for marketing purposes unless we have your “opt-in” consent to share your details with a specific third party for them to send you marketing. We do use third party service providers to send out our marketing, but we only allow them to use that information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
3.6 We retain your details on our marketing list until you “opt-out” at which point we add you to our suppression list. We keep that suppression list indefinitely to comply with our legal obligations to ensure we don’t accidentally send you any more marketing.
3.7 When we send marketing emails to you, we use “web beacons” to collect information about when you open the email, your IP address and browser or email client type, and other similar information. We do this as necessary for our legitimate interests reviewing and considering our direct marketing activities. We keep this information for retained for 3 years following your account being deactivated from the influencer platform.
4. WEBSITE INFORMATION
4.1 We may collect information about you and your use of our website via technical means such as cookies, webpage counters and other analytics tools. We use this as necessary for our legitimate interests in administering our website and to ensure it operates effectively and securely.
4.2 We, or third party advertisers, may also use this information to serve adverts on you. Where those adverts are targeted, this may involve using website information and information we (or our third party advertisers) have obtained from third parties. This won’t include information such as your name or contact details. Where our adverts are displayed to you using your information, your information is used as necessary for our legitimate interests in marketing to you.
4.3 For detailed information on the cookies we use and the purposes for which we use them see our Cookie Notice in section 5 of this notice.
4.4 We keep this website information about you for 12 months from when it is collected or the relevant cookie expires.
4.5 Our website may, from time to time, contain links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
Strictly necessary cookies These are cookies that are required for the operation of the Platform. They include, for example, cookies that enable you to log into secure areas of the Platform.
Analytical/performance cookies They allow us to recognise and count the number of visitors and to see how visitors move around the Platform when they are using it. This helps us to improve the way the Platform works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies These are used to recognise you when you return to the Platform. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies These cookies record your visit to the Platform, the pages you have visited and the links you have followed. We will use this information to make the Platform and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Platform.
6.1 This is information about you which you provide when you post content on our website. This may include reviews, photographs, videos and other content which you post on our website.
6.2 We may display and publish this information on our platforms as part of our contract with you or as necessary for our legitimate interests in providing content to our users.
6.3 This information is kept for as long as you have an account with us and may be retained and displayed indefinitely after you close your account.
7. EMPLOYEE INFORMATION
7.1 If you work for one of our customers, suppliers or business partners, the information we collect about you may include your contact information, details of your employment and our relationship with you. This information may be collected directly from you, or provided by your organisation. Your organisation should have informed you that your information would be provided to us, and directed you to this policy. We use this as necessary for our legitimate interests in managing our relationship with your organisation. If we have a business relationship with you or your organisation, we may receive information about you from your organisation.
7.2 We keep this information for up to seven years after the end of our relationship with your organisation.
8. JOB APPLICATIONS
8.1 We will collect and hold information on job applicants, including information you provide to us in your application, or provided to us by recruitment agencies, as well as information on you from any referees you provide. We may also collect information about your professional history which you make available on LinkedIn, or which are on your employer’s website.
8.2 We use this as necessary to enter into an employment contract with you, and for our legitimate interests in evaluating candidates and recording our recruitment activities, and as necessary to exercise and perform our employment law obligations and rights.
8.3 If you are successful in your application, your information will be used and kept in accordance with our internal privacy notice. If you currently work for us, or used to work for us, you can request a copy of this from us. If you are not successful in your application, you information will be held for up to six months after the relevant round of recruitment has finished.
8.4 You must provide certain information (such as your name, contact details, professional and educational history) for us to consider your application fully. If you have not provided all of this information, we may contact you to ask for it. If you do not wish to provide this information, we may not be able to properly consider your application.
8.5 If you are listed as a referee by an applicant, we will hold your name, contact details, professional information about you (such as your employer and job title) and details of your relationship with the applicant. We will use this information as necessary for our legitimate interests in evaluating candidates and as necessary to exercise and perform our employment law obligations and rights. Your information will be kept alongside the applicant’s information.
8.6 If you are listed as an emergency contact by someone who works for us, we will hold your name, contact details and details of your relationship with that worker. We will use this to contact you as necessary to carry out our obligations under employment law, to protect the vital interests of that worker, and for our legitimate interests in administering our relationship with that worker. Your information will be kept until it is updated by that worker, or we no longer need to contact that worker after they have stopped working for us.
9. LEGAL CLAIMS
9.1 Where we consider there to be a risk that we may need to defend or bring legal claims, we may retain your personal information as necessary for our legitimate interests in ensuring that we can properly bring or defend legal claims. We may also need to share this information with our insurers or legal advisers. How long we keep this information for will depend on the nature of the claim and how long we consider there to be a risk that we will need to defend or bring a claim.
10. INFORMATION WE RECEIVE FROM THIRD PARTIES
10.1 We may also receive information about you from the following sources:
10.1.1 Our service providers. We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies) who may provide us with information about you, to be used as set out above.
10.1.2 Businesses we have bought. If we have acquired another business, or substantially all of its assets, which originally held your information, we will hold and use the information you provided to them, or which they otherwise held about you, in accordance with this privacy notice.
10.1.3 Our other channels. This is information we receive about you if you use any of the other websites we operate or the other services or products we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this website. We will also have told you for what purpose we will share and combine your data.
10.1.4 Publicly available sources. We obtain information from the following publicly available sources: Automated Analytics Tools, Image Recognition Software, Companies House, LinkedIn, Facebook, Instagram, YouTube, Twitter.
10.1.5 Credit information. We may also collect credit information on you from third party reference agencies
11. SPECIAL CATEGORIES OF DATA
11.1 We may also collect and use the “special categories” of more sensitive personal information about your race or ethnicity, religious beliefs, sexual orientation and political opinions. We only collect such information when you apply for a campaign on our platform which is specifically directed to individuals of a particular race or ethnicity, sexual orientation or with a particular religious belief or political opinion.
11.2 Where we collect “special categories” of particularly sensitive personal information this information requires higher levels of protection and by law we need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
11.2.1 In limited circumstances, with your explicit written consent.
11.2.2 Where it is needed in the public interest.
11.2.3 Where it is needed in relation to legal claims or where it is needed to protect your vital interests (or someone else’s vital interests) and you are not capable of giving your consent.
11.2.4 Where you have already clearly made the information public.
11.3 Where we collect “special categories” of particularly sensitive personal information this information, we retain this inline with the information we hold on you in section 2 of this notice.
12. WHY ELSE DO WE USE YOUR INFORMATION?
12.1 Common uses of your information. We will only use your personal information when the law allows us to do so. Although in limited circumstances we may use your information because you have specifically consented to it, we generally use your information in the ways set out in this notice because:
12.1.1 we need to perform a contract we have entered into with you.
12.1.2 we need to comply with a legal obligation.
12.1.3 it is necessary for our legitimate interests (or those of a third party) and your interests and rights do not override those interests.
12.1.4 we need to protect your interests (or someone else’s interests) or where it is needed in the public interest (although these circumstances are likely to be rare).
12.2 Change of purpose. We will only use your personal information for the purposes for which we collected it as set out in this notice, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
13. SHARING YOUR INFORMATION
We keep your personal data confidential, but may share it between Group Companies and our personnel, insofar as it is reasonably necessary for the purposes set out in this Privacy Notice. We may also share your information with third parties, including third-party service providers . Third parties are required to respect the security of your personal information and to treat it in accordance with the law. We never sell your data to third parties.
For example, we use Google Analytics to help us understand how our users use the Site — you can read more about how Google uses your Personal Information here:
13.1 Why might we share your personal information with third parties?
We may share your personal information with third parties if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our agreements with you, or to protect the rights, property, or safety of us, our customers, or others or where we have another legitimate interest in doing so. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
13.2 Which third-party service providers process your personal information?
13.2.1 We also may need to share your personal information for third-party service providers (including contractors and designated agents) so that they can carry out their services, or where their services are used on our website (such as YouTube and Google).
13.2.2 The following activities are carried out by third-party service providers: legal advice, contract administration, administration, IT services, payment processing, CRM systems, API video services.
13.3 When might we share your personal information between Group Companies?
We may share your personal information between Group Companies as part of the day to day operation of our business, our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, and for system maintenance support and hosting of data.
13.4 How secure is your information when shared with third-party service providers and between Group Companies?
All our third-party service providers and Group Companies are required to take appropriate security measures to protect your personal information. Where third parties process your personal information on our behalf as “data processors” they must do so only on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
13.5 What about other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business where necessary in connection with the purposes which your information was collected for. We may also need to share your personal information with a regulator or to otherwise comply with the law.
14. WHERE WE STORE YOUR INFORMATION
14.1 Our offices are based in the UK and US and we operate data centres both in the UK and US. Therefore, where required to perform our contract with you or for our wider business purposes, the information that we hold about you may be transferred to, and stored at, a destination outside the UK and the EU. In particular, this will be the case where we need to transfer your data to our Group Company Influencer Labs Inc., based in the US, or where necessary for the purposes described in this policy to transfer your data to creators or brands who are based all around the world. It may also be processed by staff operating outside the UK and EU who work for us, (in particular, staff employed by our Group Company, Influencer Labs Inc) or one of our service providers.
14.2 We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy notice.
14.3 Some countries or organisations outside of the UK and the EU which we may transfer your information to will have an “adequacy decision” in place, meaning the EU considers them to have an adequate data protection regime in place. These are set out on the European Commission website: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en.
14.4 When we transfer data to countries or organisations outside of the UK and the EU which the EU does not consider to have an adequate data protection regime in place, we will ensure that appropriate safeguards (for example, model clauses approved by the EU or a data protection authority) are put in place where required. To obtain more details of these safeguards, please contact us.
15. DATA SECURITY
15.1 As well as the measures set out above in relation to sharing of your information, we have put in place appropriate internal security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
15.2 We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where necessary.
16. HOW LONG WILL WE KEEP YOUR INFORMATION FOR?
16.1 We have set out above indications of how long we generally keep your information. In some circumstances, it may be necessary to keep your information for longer than that in order to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
16.2 To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
16.3 In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
17. YOUR RIGHTS
17.1 Data protection law gives you a number of rights when it comes to personal information we hold about you. The key rights are set out below. More information about your rights can be obtained from your national data protection supervisory authority (the Information Commissioner’s Office (“ICO”) in the UK). Under certain circumstances, by law you have the right to:
17.1.1 Be informed in a clear, transparent and easily understandable way about how we use your personal information and about your rights. This is why we are providing you with the information in this notice. If you require any further information about how we use your personal information, please let us know.
17.1.2 Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
17.1.3 Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
17.1.4 Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it (for instance, we may need to continue using your personal data to comply with our legal obligations). You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
17.1.5 Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to us using your information on this basis and we do not have a compelling legitimate basis for doing so which overrides your rights, interests and freedoms (for instance, we may need it to defend a legal claim). You also have the right to object where we are processing your personal information for direct marketing purposes.
17.1.6 Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
17.1.7 Request the transfer of your personal information to another party where you provided it to us and we are using it based on your consent, or to carry out a contract with you, and we process it using automated means.
17.1.8 Withdraw consent. In the limited circumstances where we are relying on your consent (as opposed to the other bases set out above) to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate interest in doing so. Further to that, you may revoke our ability to collect your social network insights data at any time by disconnecting the connection from your account settings page on Influencer/Waves or by contacting our support team. You may also revoke access via a social network's own settings page (e.g. for YouTube this can be done via the Google security settings page at https://security.google.com/settings/security/permissions)
17.1.9 Lodge a complaint. If you think that we are using your information in a way which breaches data protection law, you have the right to lodge a complaint with your national data protection supervisory authority (if you are in the UK, this will be the ICO).
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, withdraw your consent to the processing of your personal information or request that we transfer a copy of your personal information to another party, please contact us via the information provided to you in section 1.
17.2 No fee usually required. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
17.3 What we may need from you. We may need to request specific information from you to help us understand the nature of your request, to confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
17.4 Timescale. Please consider your request responsibly before submitting it. We will respond to your request as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we will let you know.
18. CHANGES TO THIS PRIVACY NOTICE
Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail or otherwise. Please check back frequently to see any updates or changes to our privacy notice.
Last updated: December 2022