COLLECTIVELY INFLUENCER PRIVACY NOTICE
Last modified and effective as of: February 23, 2023
THIS INFLUENCER PRIVACY NOTICE (THIS “PRIVACY NOTICE”) APPLIES TO INFORMATION COLLECTED ONLINE AND OFFLINE BY OR ON BEHALF OF COLLECTIVELY, INC. AND ITS CORPORATE AFFILIATE COLLECTIVELY UK LIMITED (TOGETHER “COLLECTIVELY” OR "WE" OR “US” OR “OUR”) ABOUT INFLUENTIAL INDIVIDUALS (EACH, AN “INFLUENCER”) “YOU” AND “YOUR” MEAN AN INFLUENCER WHOSE INFORMATION WE HAVE COLLECTED.
Collectively, Inc.’s address is 1600 Bryant St. #410750, San Francisco, CA 94141. Collectively UK Limited’s address is 151 Rosebery Avenue, London, England, EC1R 4AB.
To the extent we process the information of Influencers located in the European Economic Area or the United Kingdom, this Privacy Notice sets out our practices under the European Data Protection Laws. As used in this Privacy Notice (a) “GDPR” means the General Data Protection Regulation (EU) 2016/679; (b) “UK Data Protection Laws” means the UK GDPR and the UK’s Data Protection Act 2018 (“UK DPA 2018”); (c) “UK GDPR” means the UK equivalent of the GDPR, as defined in section 3(10) (and as supplemented by section 205(4)) of the UK DPA 2018; and (d) “European Data Protection Laws” means the GDPR and/or UK Data Protection Laws, in each case to the extent applicable.
As used in this Privacy Notice, the terms “using” and “processing” information include using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing, and transferring information within Collectively or among our affiliates within the United States or internationally.
1. WHAT INFORMATION ABOUT ME IS COLLECTED?
We may collect your personally identifiable information, including when you apply to join the Collectively community online. Personally identifiable information is information that identifies you or can be used to identify or contact you, which may be your name, age, date of birth, email address, address, sex/gender, marital status, social security number (if you are paid by us in connection with our relationship with you), signature, whether you have children, usernames or handle on social media platforms, social media followers, social media engagement rate, years of experience, blog and social media channel names, social media content and profile information, campaign performance data, audio and video recordings, photographs, content categories, vocation, professional skills, brands you have worked with, brands you would like to work with, rate of pay, self-reported ethnicity, self-reported sexual orientation, self-reported commercial information you submit to us in response to our inquiries, inferences we draw about you to create a profile about you based on the information you submit to us, and any additional information you submit to us. Personally identifiable information amounts to ‘personal data’ for the purposes of and as defined in the European Data Protection Laws (to the extent applicable). All references to personally identifiable information shall be deemed to include ‘personal data’ as defined and used in the European Data Protection Laws (to the extent applicable).
We may collect from you, or you may make available to us, some special categories of personal data. By agreeing to this Privacy Notice, you explicitly consent to the processing of any such special categories of personal data. “Special categories of personal data” consist of personal data for the purposes of and as defined in the European Data Protection Laws which is to be treated with particular sensitivity and includes information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic or biometric data, data concerning health or data concerning a person’s sex life or sexual orientation.
We collect the personally identifiable information you submit to us or our Outside Contractors (as defined below) acting on our behalf. We may also collect personally identifiable information about you that is available on public websites or through surveys you complete.
2. DOES COLLECTIVELY COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?
We are committed to protecting the privacy of children. Our services are not designed for or directed to children under the age of 13. Accordingly, we do not collect personally identifiable information from any Influencer we actually know is under the age of 13.
3. WHAT DOES COLLECTIVELY DO WITH THE INFORMATION IT COLLECTS?
We will only use your personally identifiable information to the extent that the law allows us to do so. Pursuant to the European Data Protection Laws we rely on the following legal bases for processing your personally identifiable information:
1. where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal;
2. where it is necessary to perform the contract we have entered into or are about to enter into with you;
3. where it is necessary for us to comply with a legal obligation to which we are subject; and/or
4. where it is necessary for the purposes of our legitimate interests (or those of a third party) in providing, improving, or marketing our services, and your interests or fundamental rights and freedoms do not override those legitimate interests.
Collectively gathers information on Influencers to identify appropriate opportunities for such Influencers for Influencer campaigns run in connection with services we provide to brand clients. Once an Influencer participates in a campaign produced by Collectively, we will use additional information relating to that Influencer to facilitate that Influencer’s payment. We use the information collected to provide our services, and for internal operations such as operating and improving our services. Unless you opt out (to the extent permitted by applicable law), we may send you electronic newsletters, contact you about products, services, information, and news that may be of interest to you, provide you with marketing materials, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences in each communication we send to you. You may also inform us by email to: email@example.com.
If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference.
We may also use the information collected to send announcements and updates regarding the Collectively community. You will not be able to unsubscribe from these important community related announcements and notices as they contain important information relevant to your participation in our community and are necessary for the performance of our contract with you.
4. WHEN DOES COLLECTIVELY DISCLOSE INFORMATION TO THIRD PARTIES?
We generally disclose information we gather to the following types of third parties and as otherwise set forth in this Privacy Notice or as specifically authorized by you.
Laws and Legal Rights.
We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating a contract with us, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of any Influencer, our users, our services, or the general public.
We may provide your information to professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
We may employ independent contractors, vendors, and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to our services. In the course of providing products or services to us, these Outside Contractors may have access to information collected under this Privacy Notice, including your personally identifiable information. We use reasonable efforts to ensure that these Outside Contractors are capable of protecting the security of your personally identifiable information.
Sale of Business.
We reserve the right to transfer information to a third party in connection with a sale, merger or other transfer of all or substantially all of the assets of Collectively or any of its Corporate Affiliates (as defined below), or that portion of Collectively or any of its Corporate Affiliates to which this Privacy Notice relates, or in connection with a strategic investment by a third party in Collectively, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding.
We may disclose information (including personally identifiable information) about you to our Corporate Affiliates, including our parent company, Brandtech Influence Marketing Group Inc, and our ultimate parent, The Brandtech Group LLC. For purposes of this Privacy Notice: “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Collectively, Inc. and/or Collectively UK Limited, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise.
We may share your personally identifiable information with our brand clients in connection with a potential or actual Influencer marketing campaign.
We may share your personally identifiable information with our fulfillment partners in order to send you products in connection with a campaign.
5. IS THE INFORMATION COLLECTED UNDER THIS PRIVACY NOTICE SECURE?
We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with commercially reasonable standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.
Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.
6. COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?
Personally identifiable information collected under this Privacy Notice may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, including countries that may not have laws of general applicability regulating the use and transfer of such data including to the United States or other countries that do not ensure adequate protection for personally identifiable information (as determined by the European Commission or the UK Information Commissioner’s Office, as applicable, each an “Inadequate Jurisdiction”).
To the extent required by applicable law: whenever we transfer your personal data (as defined in the European Data Protection Laws) to third parties (as described in this Privacy Notice) located in an Inadequate Jurisdiction, we ensure a similar degree of protection is afforded to it; we may use specific contracts approved by the European Commission or the UK Information Commissioner’s Office, as applicable, which give personal data the same protection it has in the European Economic Area or the United Kingdom, as applicable, under the European Data Protection Laws; and if we rely on another basis to transfer your personal data to an Inadequate Jurisdiction, we will keep you updated or contact you if required. Please contact us if you want further information on the specific mechanisms used by us when transferring your personal data to an Inadequate Jurisdiction.
If you are an Influencer from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of our services are governed by the internal laws of the United States and the state of California, USA, regardless of your location.
7. FOR HOW LONG WILL MY PERSONALLY IDENTIFIABLE INFORMATION BE KEPT?
We will only retain your personally identifiable information for as long as necessary to fulfill the purposes for which we collected it or as otherwise permitted by applicable law.
To determine the appropriate retention period for personally identifiable information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information, and whether we can achieve those purposes through other means, and the applicable legal requirements.
8. WHAT CHOICES DO I HAVE REGARDING MY PERSONALLY IDENTIFIABLE INFORMATION?
We generally use personally identifiable information as described in this Privacy Notice or as authorized by you or as otherwise disclosed at the time we request such information from you. You generally must “opt in” and give us permission to use your personally identifiable information for any other purpose. You may also change your preferences and “opt out” of receiving certain marketing communications from us by following the directions provided in association with the communication or such other directions we may provide or by contacting firstname.lastname@example.org.
Under certain circumstances and in compliance with the European Data Protection Laws, you may have the right to:
Request access to your personally identifiable information (commonly known as a ‘subject access request’). This enables you to receive a copy of the personally identifiable information we hold about you and to check that we are lawfully processing it;
Request correction of the personally identifiable information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
Request erasure of your personally identifiable information. This enables you to ask us to delete or remove your personally identifiable information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove all of your personally identifiable information in certain circumstances;
Object to processing of your personally identifiable information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground;
Request the restriction of processing of your personally identifiable information. This enables you to ask us to suspend the processing of your personally identifiable information, for example, if you want us to establish its accuracy or the reason for processing it;
Request the transfer of your personally identifiable information to another party; and
Lodge a complaint with the relevant supervisory authority (as defined in the European Data Protection Laws). If you have any complaints about the way we process your personally identifiable information, please do contact us. Alternatively, you may lodge a complaint with the supervisory authority which is established in your country.
If you want to review, verify, correct or request erasure of your personally identifiable information, object to the processing of your personally identifiable information, or request that we transfer a copy of your personally identifiable information to another party, please contact email@example.com.
Such updates, corrections, changes, and deletions will have no effect on other information that we maintain or information that we have provided to third parties in accordance with this Privacy Notice prior to such update, correction, change, or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.
9. HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY NOTICE?
We may revise this Privacy Notice from time to time. We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “opt in” to such changes. We may also make non-significant changes to this Privacy Notice that generally will not significantly affect our use of your personally identifiable information, for which your opt-in is not required. We encourage you to check this page periodically for any changes.
10. WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
If you have any questions or comments about this Privacy Notice or feel that we are not abiding by the terms of this Privacy Notice, please contact us in any of the following ways:
By postal mail or courier:
1600 Bryant St. #410750, San Francisco, CA 94141
11. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This Section 11 shall apply only to the extent that we are regulated as a business (as defined in the California Privacy Rights Act of 2020 (collectively with any regulations promulgated thereunder, the “CPRA”)) under the CPRA. This Section 11 shall apply to you only if you are a California resident.
As used in this Section 11, “sell” (including any grammatically inflected forms thereof) means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, consumer information (as defined below) to a third party for monetary or other valuable consideration.
“Selling” does not include (i) disclosing consumer information to a third party at your direction, (ii) where you intentionally interact with one or more third parties, or (iii) transfers of your consumer information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of Collectively, provided that information is used or shared consistent with the CPRA.
As used in this Section 11, “share” (including any grammatically inflected forms thereof) means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, consumer information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions with a third party for cross-context behavioral advertising for our benefit in which no money is exchanged.
“Sharing” does not include (i) disclosing consumer information to a third party at your direction, (ii) where you intentionally interact with one or more third parties, or (iii) transfers of your consumer information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of Collectively, provided that information is used or shared consistently with the CPRA.
11.1 Consumer Information Collected: We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with particular California residents or households (“consumer information”). Consumer information does not include deidentified or aggregated information, publicly available information or lawfully obtained, truthful information that is a matter of public concern, or any other information that is excepted from the definition of “personal information” under the CPRA, or any information that is otherwise not regulated by the CPRA. For purposes of this Section 11.1, “publicly available information” means information that is lawfully made available from federal, state, or local government records, or information that we have a reasonable basis to believe is lawfully made available to the general public by you or from widely distributed media, or information made available by a person to whom you have disclosed the information if you have not restricted the information to a specific audience.
For purposes hereof, “sensitive consumer information” means: (1) consumer information that reveals (A) your social security, driver’s license, state identification card, or passport number; (B) your account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) your precise geolocation; (D) your racial or ethnic origin, religious or philosophical beliefs, or union membership; (E) the contents of your mail, email, and text messages, unless we are the intended recipient of the communication; (F) your genetic data; and (2)(A) consumer information consisting of biometric information processed for the purpose of uniquely identifying you; (B) consumer information collected and analyzed concerning your health; or (C) consumer information collected and analyzed concerning your sex life or sexual orientation. We use or disclose your sensitive consumer information, provided that we only use or disclose your sensitive consumer information for the purposes specified in Section 7027(m) of the CPRA regulations, and we only collect or process sensitive consumer information without the purpose of inferring characteristics about you.
In particular, with respect to Influencers, we have collected the following categories of consumer information from California residents or households within the last twelve (12) months and we may collect the following categories of consumer information from California residents or households:
11.2 Purposes for Collection of Consumer Information; Categories of Sources: We collect consumer information for the business or commercial purposes described in the tables above and in the manner described in Section 3 of this Privacy Notice with respect to personally identifiable information. Regarding the categories of sources from which consumer information is collected, we collect consumer information from the categories of sources described in the tables above and in the manner described in Section 1 of this Privacy Notice with respect to personally identifiable information.
11.3 Disclosures of Consumer Information for a Business or Commercial Purpose: Collectively may disclose your consumer information described in the tables above to a third party for a business or commercial purpose, as described in the tables above and in Section 4 of this Privacy Notice with respect to personally identifiable information. In the preceding twelve (12) months, Collectively has disclosed the categories of consumer information described in the tables above for a business or commercial purpose to the categories of third parties described in the tables above.
11.4 Sharing and Sales of Consumer Information:
11.4.1 In the preceding twelve (12) months, Collectively has not shared or sold, nor does it or will it share or sell, consumer information.
11.4.2 Collectively does not have actual knowledge that it shares or sells the consumer information of minors under the age of 16.
11.5 California Residents’ Rights and Choices: The CPRA provides California residents with specific rights regarding their consumer information. This Section 11.5 describes your CPRA rights (to the extent applicable to you) and explains how to exercise those rights.
11.5.1 Access to Specific Information and Data Portability Rights: You may have the right to request that Collectively disclose certain information to you about our collection and use of your consumer information over the past twelve (12) months or such other period required by the CPRA. Once we receive and confirm your verifiable consumer request (in the manner described in Section 11.6 below), to the extent required by the CPRA, we will disclose to you:
11.5.2 Deletion Request Rights: You have the right to request that Collectively delete any of your consumer information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm a verifiable request from you or your authorized agent (in each case if you are a California resident) in the manner described in Section 11.6 below (“verifiable consumer request”), we will delete (and notify our service providers and/or contractors to delete, unless this proves impossible or involves disproportionate effort) your consumer information from our records, unless an exception applies or retention of your consumer information is otherwise permitted by the CPRA. We may deny your deletion request if retaining the information is reasonably necessary for us or our service provider(s) and/or contractor(s) to:
11.5.3 Correction Request Rights: You have the right to request that we correct inaccurate consumer information about you that we maintain, taking into account the nature of the consumer information and the purposes of the processing of the consumer information. If we receive a verifiable consumer request from you to correct inaccurate consumer information, we will use commercially reasonable efforts to correct such inaccurate consumer information as directed by you, pursuant to Section 1798.130 of the CPRA and regulations adopted pursuant to the CPRA.
11.6 Exercising Access, Data Portability, Correction, and Deletion Rights:
11.6.1 To exercise the access, data portability, correction, and deletion rights described in Section 11.5 above, please submit a verifiable consumer request to us by either: (1) visiting https://collectivelyinc.com; or (2) contacting us in accordance with Section 10. Only you, or someone legally authorized to act on your behalf (such as an authorized agent), may make a verifiable consumer request related to your consumer information. Someone legally authorized to act on your behalf (such as an authorized agent) may make a verifiable consumer request on your behalf, provided that you have duly authorized that person or entity to make such a verifiable consumer request on your behalf and provided that that person or entity can provide verification of their authority to make such a request on your behalf where required. You may also make a verifiable consumer request on behalf of your minor child. You may make a verifiable consumer request for access or data portability no more than twice within a twelve (12) month period. The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected consumer information or an authorized agent; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with consumer information if we cannot verify your identity or authority to make the request and confirm the consumer information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use consumer information provided for the purposes of verification of a consumer request to verify the requestor's identity or authority to make the request. In the event you make a request under this Section 11.6, we may take various approaches to verify your identity depending on the nature of your request. These approaches may include initiating video conferencing or telephone calls with you or reaching out to you by email or otherwise to ask you questions pertaining to the information we have about you.
11.6.2 We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your consumer information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. If your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request and notify you of the reason for refusing the request.
11.7 Non-Discrimination. We will not discriminate against you for exercising any of your CPRA rights, including, unless permitted by the CPRA, by:
Notwithstanding the foregoing, we may offer you certain financial incentives permitted by the CPRA that can result in different prices, rates, or quality levels. Any CPRA-permitted financial incentive we offer will reasonably relate to your consumer information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
11.8 Consumer Information Retention. We will only retain your consumer information for as long as necessary to fulfill the purposes for which we collected it or as otherwise permitted by applicable law. To determine the appropriate retention period for consumer information, we consider the amount, nature, and sensitivity of that consumer information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your consumer information, and whether we can achieve those purposes through other means, and the applicable legal requirements.
11.9 Contact. If you have any questions or concerns relating to this Privacy Notice and/or our consumer information practices, please contact us in accordance with Section 10.