Last Modified: June 6, 2020
Welcome to Klear.com Ltd.'s (“Klear”, “we”, “us” or “our”) privacy notice for influencers (hereinafter “Privacy Notice”). We greatly respect your privacy. Please read this Privacy Notice carefully, so you can fully understand our practices in relation to Personal Data of influencers.
OUR CONTACT DETAILS
- Name: Klear.com, Ltd
- E-mail: firstname.lastname@example.org
If you have any questions about this Privacy Notice, including any requests to exercise your legal rights referred to below, please contact us using the following email address: email@example.com.
IN A NUTSHELL
We gather publicly available information about influential individuals (“you”, “your” or “Influencer”). This collected information or personal data, is made available on Klear's platform (“Platform”) for its users and brands to discover, evaluate and manage their engagement with influential people.
This Privacy Notice describes how we collect and use your Personal Data when it is used on our influencer database, and your privacy rights. Please note that some provisions only apply to individuals in certain jurisdictions. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being. This Privacy Notice can be updated from time to time and, therefore, we ask you to check back periodically for the latest version. If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means. This Privacy Notice supplements the other notices.
As controller: Klear is responsible for the collection and protection of Personal Data that it collects from publicly available sources and adds to our Platform. As such, we are a controller (or equivalent under applicable data protection legislation) of the Personal Data which we obtain about you (excluding CRM-Stored Influencer Data).
As processor: When a business customer of Klear uses our Platform, that customer may enter information relating to influencers into its Klear account. To the extent that information constitutes Personal Data under the GDPR, that information (excluding that certain publicly available influencer data for which Klear is the controller) is referred to in this Privacy Notice as “CRM-Stored Influencer Data”. To the extent we process CRM-Stored Influencer Data we generally do so as a processor (as defined in the GDPR or equivalent term under applicable data protection legislation) on behalf of that customer in respect of that CRM-Stored Influencer Data. This Privacy Notice does not apply to the processing of that CRM-Stored Influencer Data and the applicable customer will act as a controller in respect of that CRM-Stored Influencer Data and is responsible for obtaining all necessary consents and providing you with all requisite information as required by applicable law.
THE DATA WE COLLECT/PROCESS, AND HOW IT IS OBTAINED AND USED
- We collect, use, store and transfer different kinds of publicly available Personal Data about Influencers which is obtained directly or indirectly via various data sources such as social media networks and other Internet sources. This Personal Data may include the following: Your contact details, name, user name, age and affiliated organization (if applicable); Your social media profile and activity; Messages which you have shared publicly on social media; and any other information you manifestly make public. Moreover, we collect the same data described above of Influencers who reach out to us and request to be included on the Platform in which case we collect the same information described above as well as user name, email address and password, provided voluntarily by you.
- Our Platform uses algorithms to construct profiles about individual influencers and therefore we may use the Personal Data to evaluate your behavior, preferences and interests (among other things) in your capacity as an Influencer. This usage may be considered profiling. In particular, these algorithms may assess your reach (e.g. size of your social media audience), relevance (e.g. the contextual affinity of your content to Klear's customers' areas of interest) and resonance (e.g. audience engagement with your social media content) in various areas. To the extent Klear's processing constitutes profiling under the GDPR (to the extent applicable), you have the right to specifically object to the processing of your Personal Data for the purpose of profiling in accordance with paragraph 7 below. To learn more, please reach out to firstname.lastname@example.org.
- We process your Personal Data mentioned above for the purposes of allowing users of our Platform to discover, evaluate and manage their engagement with Influencers, and to contact and interact with Influencers.
DISCLOSURES OF YOUR PERSONAL DATA
The abovementioned Personal Data is stored on third party hosting providers. We share your information as follows:
- With our business partners with whom we jointly offer products or services (e.g. Klear Partners) and brands that work with us.
- With trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. We partner with trusted third parties to provide you with co-marketing content that we think may be relevant to you.
- With service providers that we employ (e.g. other companies and people to provide services to visitors to our Websites, our customers, us and users of the Platform) and who may need some of your information to provide information, products or services to you or us (e.g. IT, system administration, and other services). Examples may include removing repetitive information from prospect lists, analyzing data or performing statistical analysis, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service or support.
- With our affiliated companies, companies/entities of the Klear.com group and our consultants/sales teams.
- With professional consultants and advisors, including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- Third parties with whom we may be required to communicate in order to enforce or apply the terms of our agreements; or to protect the rights, property, or safety of Klear, our customers, our users or others.
- To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order.
- If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we may disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company.
Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).
Transfers to, and access from, Israel are covered by the European Commission’s Adequacy Decision regarding Israel. You can read more here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. Where we transfer your Personal Data outside of Klear, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data. Feel free to contact us if you need further information on specific transfer mechanisms used by us when transferring your Personal Data out of the EEA.
HOW WE PROTECT AND STORE YOUR PERSONAL DATA
Security. We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data.
Retention of your Personal Data. We store and retain data for as long as we need it (amongst other, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements). In some circumstances we retain your Personal Data as follows: (i) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (ii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.
YOUR LEGAL RIGHTS
The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):
- You have a right to access Personal Data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law.
- You have the right to request that we rectify any Personal Data we hold that is inaccurate or misleading.
- You have the right to request the erasure/deletion of your Personal Data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your Personal Data, for example for the establishment, exercise or defense of legal claims.
- You have the right to object, to or to request restriction, of the processing.
- You have the right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller.
- You have the right to object to profiling.
- You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- You also have a right to request certain details of the basis on which your Personal Data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality.
You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.
You can exercise your rights by contacting us at email@example.com. You can opt out here: https://klear.com/opt-out/ Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at firstname.lastname@example.org.