Privacy Policy

Last Updated: July 1, 2023

This privacy policy explains how Brandfluence, Inc., collects, uses, and handles personally identifiable information (also referred to as “personal information”) that individuals share with us, with our clients, and other information we collect during your participation in various activities we manage.

We are committed to protecting the privacy of the personal information that you provide to us. This is your personal information that (i) you choose to provide to us when you decide to engage in Brandfluence programs, promotions and marketing activities that we manage; (ii) we gather when you visit our website at www.mybrandfluence.com or other websites we own or manage; (iii) we gather when you interact with Brandfluence directly; or (iv) we possess and process.

Contact

We may be contacted by using the following information:

Brandfluence, Inc., 260 Peachtree Street NW, Suite 2200, Atlanta, Georgia 30303

info@mybrandfluence.com

If you have any questions related to this privacy policy, we may be contacted via the information provided above.

If you have a disability and would like to access this policy in an alternative format, please contact us using the contact form above.

GDPR Compliance

If you are an individual in the European Economic Area (EEA), we collect and process your personal information only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Brandfluence programs you participate in, how they operate, and how you use them. This means we collect and use your personal information only where:

– We need it to operate the program you are participating in, provide customer support and personalized features, help prevent fraud, and to protect the safety and security of our platforms and program services;

– It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for our internal development of improved services, to market and promote the programs we operate, and to protect our legal rights and interests;

– You give us consent to do so for a specific purpose; or

– We need to process your personal information to comply with a legal obligation or where the processing is necessary to the establishment, exercise or defense of legal claims.

If you consent to our use of your personal information for a specific purpose, you have the right to change your mind at any time but note that this will not affect processing that has already taken place.

Where Brandfluence is using your personal information because our client and/or Brandfluence have a legitimate interest to do so, you have the right to object to that use although this may mean no longer participating in a program. If we are unable to manage your participation in a Brandfluence program without the personal information you provided, you will no longer be able to participate in the applicable Brandfluence program. To learn how to opt-out of allowing use of your personal information, please refer to the Right to Opt Out section below.

Data Security

We have revised and refined our internal security policies regarding data security. We further have refined our internal policies to ensure we have a process for data protection impact assessments as well as notifying the appropriate parties in the event of a data breach. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

Accountability

If you have any concerns about your privacy or data security, contact our Data Protection Officer at info@mybrandfluence.com.

At the email listed above, you may:

• request and receive all information that Brandfluence has about you;
• correct or update inaccurate or incomplete information;
• request to have your personal data deleted;
• ask Brandfluence to stop processing your data;
• receive a copy of your personal data in a format that can be easily transferred to another company; and
• object to Brandfluence’s processing of your data.

During our data privacy audit, we contacted any and all third parties that may process personal data in connection with Brandfluence’s websites and services. The list of all existing third parties who may process your personal information may be found below.

Your Rights

Access & Portability

You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.

Correction

You have the right to request that we rectify inaccurate information about you. By contacting us at info@mybrandfluence.com, you can correct and change certain personal information associated with your account.

Restrict Processing

In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.

Deletion

In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Brandfluence.

Objection

If we process your information based on our legitimate interests, as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings.

Withdrawal of Consent

Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your device. This is without prejudice to your right to generally permanently close your account and delete your personal information.

California & The CCPA

Certain Users may be residents of the State of California, and we are required to provide additional information, disclosures, and rights to those Users. The rights specified herein are additional rights offered solely to residents of the State of California, and they are rights in conjunction with any and all other rights as specified within this Privacy Policy, as specified throughout.

Your Additional Rights Under The CCPA

Right to Know

California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared. To the extent the information is not already provided herein, such information may be requested via submitting a request via email at info@mybrandfluence.com.

Right to Opt Out

To the extent that Brandfluence “sells” personal information (as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time (see below for more information).

For clarity, if you would like to exercise either of the above two rights or the other six rights listed under Your Rights for GDPR Compliance, then you can do so by submitting a request via email at info@mybrandfluence.com. If you choose to do so, then please provide sufficient information to Brandfluence to inform us which rights you would like to exercise and any information we may need to properly execute your request.

Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact Brandfluence through one of the channels listed above under “Contact.” We will respond to your request within a reasonable timeframe.

Please note that we may verify your identity before we are able to process any of the requests described in this Section, and at our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification, and we may verify the authenticity of the request directly with you.

Notice of Collection

In combination with the specific rights listed above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is provided in the “What Personal Data We Collect and Why We Collect It” below, the categories of personal information that we have collected – as described by the CCPA – are:

• Identifiers, including name, email address, IP address, and an ID assigned to your account including a “handle.”
• Information used for payment processing such as phone number, billing address, credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here.
• Demographics, such as age or gender, or where you have provided such information to Brandfluence voluntarily, demographic information about your race, ethnicity, sexual orientation, or gender identity, provided in relation to specific marketing projects and campaigns. This category includes data that may qualify as protected classifications under other California or federal laws.
• Internet activity, including your interactions with our Services and what led you to our Services.
• Geolocation data provided through location enabled services such as WiFi and GPS.

What Personal Data We Collect and Why We Collect It

We collect the type of data that websites routinely collect to interact with their visitors via online forms and comment forms, as well as via technical processes such as cookies, analytics, and interactions with software provided by third-party websites. The categories of personal information that we collect is dependent on the type of interaction but include:

• Identifiers, including name, email address, IP address, and an ID assigned to your account including a “handle.”
• Information used for payment processing such as phone number, billing address, credit or debit card information.
• Demographics, such as age or gender, or where you have provided such information to Brandfluence voluntarily, demographic information about your race, ethnicity, sexual orientation, or gender identity, provided in relation to specific marketing projects and campaigns.
• Internet activity, including your interactions with our Services and what led you to our Services.
• Geolocation data provided through location enabled services such as WiFi and GPS.

Contact & Email Forms

Our sites use a variety of contact and other forms to allow visitors to interact with our site. If you provide information to us via our online forms, that information, such as your name, handle, email address, message, and other information you provide via the form, including technical information required to process your interaction, such as your IP address, is collected and retained for twenty-four months.

To power contact form and email form interactions on our marketing websites, we use the WordPress web application. WordPress web application is owned by Automattic and subject to their terms and policies: https://automattic.com/privacy/. Any and all data collected through the contact forms and email forms while using WordPress will be subject to the privacy policy of WordPress.

To power forms on our Campaign landing pages, we use Amazon Web Services. Any and all data collected through the forms while using Amazon Web Services will be subject to the privacy policy of Amazon Web Services.

We may use email addresses collected by any means on our website to send email marketing campaigns or other notices. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may contact our Data Protection Officer.

Cookies

Brandfluence receives information from our advertising and marketing partners about you. This information can include attribution information via cookies to determine where a visit to Brandfluence comes from and which pages of our Website receive traffic. Cookies are small data files sent from a server to your web browser.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes.

Embedded Content from Other Websites

Pages or tools on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Brandflluence does not have control over the embedded content or the websites from where the content originates, and external websites may have their own privacy policies and data security policies. Users who engage with embedded content by clicking on the content or otherwise do so at their own risk and choice. Should you wish to remove, delete, erase, or otherwise disallow the data tracked, stored, cached, or otherwise kept by third-party websites or third-party applications, then you must make such a request directly to the third-party website or third-party application.

Third-Party Marketing and Advertising and Your Rights (Opt-Out of “Sale”)

Brandflluence does not sell personal information to third parties for monetary value. However, the term “sale” is defined broadly under the California Consumer Privacy Act. To the extent that “sale” under the CCPA is interpreted to include interest-based advertising or other data uses described in the “What Personal Data We Collect and Why We Collect It” Section above, we will comply with applicable law as to those activities.

To opt out of receiving interest-based advertising, you can exercise this option by submitting a request via email at info@mybrandfluence.com. The right to opt out of interest-based advertising is available to all Brandfluence users, regardless of location or domicile.

Do Not Track

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Shine the Light

California law entitles residents to ask for a notice describing what categories of personal information we share with third parties for their own direct marketing purposes. Brandfluence does not share any personal information to third parties for their own direct marketing purposes beyond any information or methods that are described within this Privacy Policy. If you have questions about these practices, then you can contact us through info@mybrandfluence.com via email.

Analytics

We use the following services to collect site visitor information in the aggregate and make adjustments to our website performance in order to improve website interactions, provide meaningful content, and provide superior services. We may use analytics services to remarket and retarget website visitors.

Demographic, geographic, and gender data of individual users may be collected by Google Analytics in connection with a Campaign’s landing page, and the collection, storage, and sharing of data are kept in accordance with their privacy practices and individual policies: https://www.google.com/analytics/terms/us.html

Geographic and device data may be collected by Plausible in connection with a Campaign’s landing page, and the collection, storage, and sharing of data are kept in accordance with their privacy practices and individual policies: https://plausible.io/data-policy

Who We Share Your Data With

We do not share personally identifying information with any provider, except for in the following circumstances.

We provide information in the aggregate to analytics service providers, as mentioned above.

We may provide information collected via our Campaign landing page forms, such as handle and email, with direct Partners to operate the program you are participating in, prevent fraud, and/or market and promote the programs we operate.

We may provide information collected via our website to courts and other third parties insofar as it is legally required or necessary to perform our stated function of online marketing.

We use a variety of third-party software, namely website plug-ins to provide our services and facilitate marketing transactions through our Website. Any personal information or data that is collected by Brandfluence may be deleted, erased, or otherwise removed from the servers, databases, and systems of which Brandfluence has control. However, some information may be required to be collected by Brandfluence for us to provide our services, so you may be disallowed from using our services if you request your data to be deleted, removed, or otherwise erased. For more information on your rights, see GDPR Compliance above.

How Long We Retain Your Data

Brandfluence will retain your information only for as long as is necessary for the purposes set out in this Privacy Policy, for as long as your account is active, or as needed to provide the Services to you. You may, at any time, close your account, if you have one. Brandfluence will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this Privacy Policy. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

What Rights You Have Over Your Data

If you have an account on this site, you can request, in writing, to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request, in writing, that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. See GDPR Compliance above to learn where to send your request and learn more about your rights.

Where We Send Your Data

The Brandfluence website is hosted on servers provided via Amazon Web Services (“AWS”). (https://aws.amazon.com/).

Site visitor and user information is hosted on their hardware. Visitor information may be passed through or processed via the providers mentioned below in order to provide a high-quality website experience to site visitors.

Third Party Software: Braintree

We use Braintree to process payments online. Braintree may store, collect, or share personal data in accordance with their privacy practices in order to allow you to complete a transaction. Brandfluence receives a token in exchange for the payment method data, which may include name and zip code as well as payment method information. The token is only maintained by Brandfluence for recording the history of the transaction and is removed once the payment is processed based on Braintree’s policies: https://www.braintreepayments.com/legal/braintree-privacy-policy.

Third Party Software: WordPress

We use the WordPress web application solely for contact and email forms pursuant to the terms listed above in the section Contact & Email Forms. Any and all data such as email addresses, user’s handles, names, and other information supplied by the user into the forms may be collected, stored, or otherwise shared in accordance with their privacy practices. (https://automattic.com/privacy/)

Third Party Software: Mandrill

We use Mandrill’s web application to send one-to-one transactional emails triggered by user actions, like campaign creation confirmation and giveaway winner notifications. Any and all data such as email addresses, user’s handles, names, and other information supplied by the user into the forms may be collected, stored, or otherwise shared in accordance with their privacy practices: https://www.intuit.com/privacy/statement/

Third Party Software: Algolia

We use Algolia to store Influencer and User information such as email addresses and handles and other information supplied by the user into the forms may be collected, stored, or otherwise shared in accordance with their privacy practices: https://www.algolia.com/policies/privacy/

Third Party Software: ClicData

We use ClicData’s web application to analyze User information such as email addresses and handles and other information supplied by the user into the forms may be collected, stored, or otherwise shared in accordance with their privacy practices: https://www.clicdata.com/company/privacy-policy/

California Residents Privacy Policy

This California Resident Privacy Policy Disclosure (“Disclosure”) is provided pursuant to the California Consumer Privacy Act (“CCPA”) as amended, and applies only to California residents. Any terms defined in the CCPA have the same meaning when used in this Disclosure. Terms defined in the Notice maintain the same meaning when used in this Disclosure.

This Disclosure is effective as of June 23, 2023.

The Personal Information (defined in Cal. Civ. Code §§ 1798.140(o)) that we collect and the manner we use it is covered above in Notice of Collection.

A. Categories. Below is a summary for the preceding 12 months of the Personal Information categories (as identified and defined by the CCPA) that we collected in the course of providing our clients with programs and services:

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Categories Shared

We may use or disclose personal information in the following categories in the course of providing our clients with Brandfluence programs and services (the “Business Purpose Disclosures” in the table below).

No Sale. In the 12 months prior to the effective date of this Disclosure, Brandfluence has not sold (as the term “sell” is defined in the CCPA) your personal information.

Requests Regarding personal information. You may have the right to request information about our collection of your personal information, to access it, or instruct us to delete it (subject to the exceptions below). To do so, please contact us using the information provided above. Note that we may ask you to verify personal information we already have on file for you. If we cannot verify your identity based on the personal information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes. If we cannot comply with your request, we will provide you with an explanation.

Timing. We will use reasonable efforts to respond to your request within 45 days of receipt. If we require additional time, we will inform you of the reason and the extension period in writing.

Exceptions. We may deny your deletion request if retaining the personal information is necessary for us to:

– Complete the transaction for which we collected the personal information;

– Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

– Identify and/or repair errors that impair the functionality of our services;

– Make other lawful uses of the personal information that are compatible with the context in which you provided it; and

– Comply with a legal obligation.

Content.

Any personal information we provide you with will only cover the 12-month period preceding our receipt of your request. Once we receive your request, validate your identity (and unless one of the exceptions above apply) we will disclose to you:

– The categories of personal information we collected about you;

– The categories of sources for the personal information we collected about you;

– Our business purpose for collecting that personal information and whether it was sold;

– The categories of third parties with whom we shared the personal information;

– If we sold or disclosed your personal information for a business purpose, we will provide you with information about those sales and disclosures along with the personal information categories that were provided and each recipients category.

– The specific pieces of personal information we collected about you (also called a data portability request, as detailed below).

Data Portability.

For data portability requests, we will select a data format that is readily useable and should allow you to transfer the personal information to another entity without difficulty.

No Charge.

We do not charge a fee to process or respond to your personal information request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

No Discrimination. Brandfluence will not discriminate against any consumer for exercising their rights under the CCPA.

Changes to Our Privacy Policy

This Privacy Policy was last updated on March 16, 2024. However, this Privacy Policy will change over time, for example to comply with legal requirements or to meet changing our business needs. The most up-to-date version can be found on our website. In case there is a change that we want to highlight to you, we will also inform you in another appropriate way (for example, via a pop-up notice or statement of changes on our website).

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