Traackr, Inc. (along with each of Traackr, Inc.'s Corporate Affiliates (as defined below), collectively, "Traackr", “we”, “us” or “our”) respects your privacy and is committed to protecting your Personal Data. Notwithstanding the foregoing, to the extent any provision of this privacy notice applies to transfer data (as defined below), references to "Traackr", “we”, “us” or “our" shall refer solely to Traackr, Inc. (and not to any of Traackr's Corporate Affiliates).
As of the Effective Date, Traackr, Inc.'s Corporate Affiliates include:
1. Traackr UK Limited
5 Merchant Square
London W2 1AY
2. Traackr FR Sarl
4 rue Jules Lefebvre
This privacy notice sets out the basis on which any Personal Data we collect from or about you, or that you provide to us, including through www.traackr.com and any sub-domain thereof (“our website”), will be processed by us in accordance with applicable Data Protection Laws, provided that this privacy notice does not apply to information processed under Traackr's Influencer Privacy Notice. Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.
Our website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
As described in further detail below, Traackr, Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce, and the associated Privacy Shield Principles (currently available at www.privacyshield.gov), regarding the collection, use, and retention of Personal Data (as defined below) transferred from the European Economic Area (the “EEA”), the United Kingdom and/or Switzerland, respectively, to the United States (“transfer data”). The Privacy Shield List is available at https://www.privacyshield.gov/list. If there is any conflict between the terms in this privacy notice and the Privacy Shield Principles, the Privacy Shield Principles shall prevail.
If an organization with which you are associated (an “Organization”) signs up to use our Platform, we may receive Personal Data about you in connection with our provision of the Platform to your Organization. To the extent we process that Personal Data solely in order to provide the Platform to your Organization, under the GDPR, to the extent applicable, we will act as a processor (as defined in the GDPR) on behalf of your Organization in respect of that Personal Data; this privacy notice will not apply to the processing of that Personal Data and your Organization will act as a controller (as defined in the GDPR) in respect of that Personal Data and is responsible for obtaining all necessary consents and providing you with all requisite information as required by Applicable Law. To the extent we process your Personal Data for any other lawful business purpose of ours, under the GDPR, to the extent applicable, we will act as a controller of such Personal Data and this privacy notice will apply to the processing of such Personal Data. For clarification but not limitation, information we process for our legitimate business purposes, such as product development, sales and marketing, is not processed solely on behalf of your Organization. Notwithstanding the foregoing, and for the avoidance of doubt, with respect to transfer data processed by Traackr, Inc. solely on behalf of a third-party controller (“Processed Transfer Data”), the provisions of this privacy notice specific to transfer data continue to apply in accordance with the EU-U.S. and/or Swiss-U.S. Privacy Shield Frameworks (as the case may be), but may be limited to working with the respective controller, given our role as a processor.
In this privacy notice the following words and phrases shall have the following meanings:
“Applicable Law” means (a) any law, statute, regulation, bylaw or subordinate legislation in force from time to time to which we are subject; (b) the common law and laws of equity as applicable to us from time to time; (c) any court order, judgment or decree which is binding on us; (d) any industry code, policy or standard which is applicable to us; (e) any applicable direction, policy, rule or order that is binding on us and that is made or given by any regulatory body having jurisdiction over us;
“Data Protection Laws” means any Applicable Law relating to the processing, privacy, and use of Personal Data, including but not restricted to (a) the General Data Protection Regulation (EU) 2016/679 ("GDPR") and (b) any judicial or administrative interpretation of any such Applicable Law, and any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any relevant regulatory or supervisory authority;
“Data” means information which is stored electronically, on a computer, or in certain paper-based filing systems;
“Personal Data” means any information relating to an identified or identifiable natural person (a “Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and where referred to in this notice includes special categories of Personal Data; and
“Platform” means our Influencer Relationship Management Platform.
Traackr is based in the United States of America. Our main office is at 211 Sutter St, Suite 600, San Francisco, CA 94108, United States of America. We have developed and manage our market-research database and our Platform, which allow users to manage, expand, validate and scale their networks with influencers.
We will collect and process the following Data about you:
This is information about you that you give us through the use of the website and/or Platform (e.g. when you correspond with us by telephone, e-mail or otherwise, including when you report a problem with our website). The information you give us may include your name, address, e-mail address and social media username (or ‘handle’).
With regard to each of your visits to our website and/or Platform we will automatically collect, or will collect through a third party acting on our behalf, the following information:
We are working closely with, and receive Personal Data from third parties (such as business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies). For further details about these other sources please contact us using the details provided below.
We will only use your Personal Data to the extent that the law allows us to do so. Most commonly, we will use your Personal Data in the following circumstances:
We use information held about you as set out below:
We will use this information:
We will use this information:
We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
7.1 You agree that we have the right to share your Personal Data with selected third parties including business partners, suppliers and sub-contractors in connection with our business, including without limitation to allow us to provide access to our website. Without limitation of the foregoing, we may share your Personal Data with professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
7.2 In addition to the above, we may disclose your Personal Data to third parties in the following ways:
In addition to the above, third parties may directly collect personally identifiable and non-personally identifiable information about our users’ online activities over time and across different websites.
8.1 Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Data transmitted through out website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
8.2 Our external third-party providers may be based outside the European Economic Area (EEA) so their processing of your Personal Data will involve a transfer of Data outside the EEA.
8.3 Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it. Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Data the same protection it has in the EEA under the GDPR. If we rely on another basis to transfer your Personal Data outside of the EEA (such as your consent), we will keep you updated or contact you as required.
8.4 Please contact us if you want further information on the specific mechanisms used by us when transferring your Personal Data out of the EEA.
Our website, from time to time, may contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.
10.1 We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions, and they are subject to a duty of confidentiality.
10.2 We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
11.1 We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
11.2 To determine the appropriate retention period for Personal Data, 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.
Under certain circumstances and in compliance with the GDPR, you may have the right to:
In order to exercise any of your rights please contact us using the contact details provided in section 21 of this notice.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you have any complaints about the way in which we process your Personal Data please do contact us, as set out below in Section 21. Alternatively, you have the right to lodge a formal complaint with your data protection supervisory authority.
17.1 We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us in the manner described in Section 21.
17.2 If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
17.3 Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request, using our contact details provided in Section 21 below.
Any changes we make to our privacy notice in the future will be posted to this section of our website and, where appropriate, notified to you by e-mail. 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. Please check back frequently to see any updates or changes to our privacy notice.
Notwithstanding any earlier Effective Date applicable to this privacy notice generally, this Section 20 shall be effective from and after January 1, 2020. This Section 20 shall apply to you only if you are a California resident. This Section 20 shall apply only to the extent Traackr is regulated under the CCPA (as defined below) as a business (as defined in the CCPA).
If an Organization with which you are associated signs up to use our Platform, we may receive consumer information (as defined below) about you in connection with our provision of the Platform to your Organization. To the extent we process such consumer information solely in order to provide the Platform to your Organization, under the CCPA, to the extent applicable, we will act as a service provider (as defined in the CCPA) on behalf of your Organization in respect of that consumer information; this privacy notice will not apply to the processing of that consumer information and your Organization will act as a business (as defined in the CCPA) in respect of that consumer information. The business is responsible for obtaining all necessary consents and providing you with all requisite information as required by Applicable Law. To the extent we process your consumer information for any other lawful business purpose of ours, under the CCPA, to the extent applicable, we will act as a business with respect to such consumer information and this privacy notice will apply to the processing of such consumer information. For clarification but not limitation, information we process for our legitimate business purposes, such as product development, sales and marketing, is not processed solely on behalf of your Organization.
As used in this Section 20, “sell” (including all 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 another business or a third party for monetary or other valuable consideration.
“Selling” does not include (i) disclosing consumer information to a third party at your direction, provided the third party does not sell the consumer information except in accordance with the California Consumer Privacy Act (the “CCPA”), (ii) where you intentionally interact with a third party through the website, provided the third party does not also sell the consumer information, (iii) using or sharing your consumer information with a service provider as necessary to perform business purposes, provided that such service provider provides its services on Traackr’s behalf and provided that the service provider does not further collect, sell or use the consumer information except as necessary to perform the business purpose, or (iv) 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 Traackr, provided that information is used or shared consistently with the CCPA.
20.1Consumer Information Collected: We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with particular California residents, devices or households ("consumer information"). In particular, we have collected the following categories of consumer information from California residents, households or devices within the last twelve (12) months:
20.2 Use of Consumer Information: We use consumer information for the business or commercial purposes described in the table above and in the manner described in Section 6 of this privacy notice with respect to Personal Data.
20.3 Disclosures of Consumer Information for a Business Purpose: Traackr may disclose your consumer information described in the table above to a third party for a business purpose, as described in Section 7 of this privacy notice with respect to Personal Data. In the preceding twelve (12) months, Traackr has disclosed the following categories of consumer information for a business purpose:
20.3.2 Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
20.3.3 Internet or other similar network activity.
20.4 Sales of Consumer Information: In the preceding twelve (12) months, Traackr has not sold, and Traackr does not and will not sell, consumer information that is subject to this privacy notice; however, please see Traackr's Influencer Privacy Notice for details regarding Traackr's collection and use (including sale) of publicly available information about influential individuals, including sharing of such publicly available information about influential individuals with Traackr's business customers.
20.5 California Residents’ Rights and Choices: The CCPA provides California residents with specific rights regarding their consumer information. This Section 20.5 describes your CCPA rights (to the extent applicable to you) and explains how to exercise those rights.
20.5.1 Access to Specific Information and Data Portability Rights: You may have the right to request that Traackr disclose certain information to you about our collection and use of your consumer information over the past 12 months. Once we receive and confirm your verifiable consumer request (in the manner described in Section 20.6 below), to the extent required by the CCPA, we will disclose to you:
184.108.40.206 The categories of consumer information we collected about you.
220.127.116.11 The categories of sources for the consumer information we collected about you.
18.104.22.168 Our business or commercial purpose for collecting that consumer information.
22.214.171.124 The categories of third parties with whom we share that consumer information.
126.96.36.199 The specific pieces of consumer information we collected about you (also called a data portability request).
188.8.131.52 If we disclosed your consumer information for a business purpose, a list disclosing disclosures for a business purpose, identifying the consumer information categories that each category of recipient obtained.
20.5.2 Deletion Request Rights: You have the right to request that Traackr 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 (if you are a California resident) in the manner described in Section 20.6 below (“verifiable consumer request”), we will delete (and direct our service providers to delete) your consumer information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
184.108.40.206 Complete the transaction for which we collected the consumer information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
220.127.116.11 Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
18.104.22.168 Debug products or services to identify and repair errors that impair existing intended functionality.
22.214.171.124 Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
126.96.36.199 Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
188.8.131.52 Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
184.108.40.206 Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
220.127.116.11 Comply with a legal obligation.
18.104.22.168 Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
20.6 Exercising Access, Data Portability, and Deletion Rights.
20.6.1 To exercise the access, data portability, and deletion rights described in Section 20.5 above, please submit a verifiable consumer request to us by either: (1) calling us at +1(855)-TRAACKR; (2) visiting https://www.traackr.com/data-opt-out; or (3) contacting us in accordance with Section 21. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your consumer information. 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 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 representative; 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 in a verifiable consumer request to verify the requestor's identity or authority to make the request.
20.6.2 We endeavour 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. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. 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.
20.7 Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights, including, unless permitted by the CCPA, by:
20.7.1 Denying you goods or services.
20.7.2 Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
20.7.3 Providing you a different level or quality of goods or services.
20.7.4 Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
General questions, comments and requests regarding this privacy notice are welcomed and should be addressed to our compliance team using the following email address: email@example.com. For opt-out requests only, please use the following email address: firstname.lastname@example.org.
22.1 Privacy Shield Framework. As noted above, Traackr, Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of transfer data.
22.2 Types of Transfer Data Collected: The types of transfer data that may be collected by Traackr, Inc. are the types of Personal Data described under Sections 3 and 4 above. Additionally, Processed Transfer Data includes information relating to social media influencers whose Personal Data is entered into Traackr, Inc.'s business customer's Platform account by such business customer, excluding that certain publicly available influencer data for which Traackr, Inc. is the controller and which is subject to Traackr's Influencer Privacy Notice.
22.3 Purpose for Which Transfer Data is Collected and Used: The purposes for which transfer data is collected and used by Traackr, Inc. are those purposes described under Sections 5 and 6 above. Traackr, Inc. collects and uses Processed Transfer Data only on the instructions of the applicable third-party controller.
22.4 Types of Third Parties to which Transfer Data is Disclosed: Transfer data is disclosed with the same types of third parties and for the same purposes as are described under Section 7 above.
22.5 Access: Your rights to access your transfer data processed by us are described in Section 12 above. With respect to Processed Transfer Data, Traackr, Inc. will work with the applicable third-party controller to facilitate any right of access as described in Section 12.
22.6 Onward Transfer: Before we disclose any of your transfer data to a third party we will require that such third party provide the same level of privacy protection as is required by the Privacy Shield Principles. Traackr, Inc.’s accountability for transfer data that it receives under the Privacy Shield and transfers to a third party is outlined in the Privacy Shield Principles. In particular, Traackr, Inc. remains liable under the Privacy Shield Principles if third-party agents that it retains to process transfer data on Traackr, Inc.’s behalf process such transfer data in a manner inconsistent with the Privacy Shield Principles, unless Traackr, Inc. can prove that it is not responsible for the event giving rise to the damage.
22.7 Choice: If you no longer wish to have your transfer data disclosed to third parties, you may choose to "opt out" by notifying us. To do so, send an email to email@example.com. Please be aware that your transfer data may have been previously disclosed to third parties in accordance with the terms of this privacy notice. Further, with respect to Processed Transfer Data, Traackr, Inc. will work with the applicable third-party controller to facilitate such choice. Also, Traackr, Inc. will provide you with notice before using your transfer data for a purpose other than that for which it was originally collected or subsequently authorized by you, and you may choose to “opt out” of such use by following the directions provided in the notice. However, even after any “opt-out”, your transfer data may be used and disclosed to a third party upon a good faith belief that such disclosure is required 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. Without limitation of any other provision contained herein, following your “opt out”, your information that already has been gathered may continue to be used and to be disclosed to third parties, provided that such information will be anonymized in order to ensure that you cannot be identified anymore.
22.8 Data Integrity and Purpose Limitation: Except as may be authorized by you, we use your transfer data in a manner that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for these purposes, we take reasonable steps to ensure that transfer data is accurate, complete, current, and reliable for its intended use. With respect to Processed Transfer Data, Traackr, Inc.'s obligations under this Section 22.8 may be limited to working with the applicable third-party controller, given Traackr, Inc.'s role as a processor.
22.9Recourse, Enforcement and Liability: Traackr, Inc. uses the self-assessment method to verify the attestations and assertions made herein and to ensure that its privacy practices have been implemented as presented herein. Any questions, complaints, or concerns regarding this privacy notice should be directed to Traackr, Inc. in accordance with Section 21 above. Traackr, Inc. will investigate and attempt to resolve any disputes/complaints, including correcting any transfer data, using transfer data consistent with the Privacy Shield Principles, reversing or correcting the effects of noncompliance, and assuring that future processing of transfer data will be in conformity with the Privacy Shield Principles. For any complaints regarding transfer data that cannot be resolved by Traackr, Inc. directly, Traackr, Inc. commits to cooperate with the panel established by the EU Data Protection Authorities (“DPAs”) and the Swiss Federal Data Protection and Information Commissioner (“Commissioner”), as applicable, to investigate unresolved disputes/complaints and comply with the advice given by the panel and/or Commissioner. With respect to the application of Privacy Shield Principles to transfer data, the panel established by the DPAs and/or the Commissioner, as applicable, is the independent dispute resolution body designed to address complaints and provide appropriate recourse to you free of charge. As further described in the Privacy Shield Principles, a binding arbitration option will be made available to you in order to address residual complaints regarding transfer data that have not been resolved by other means. See Section C of Annex I to the Privacy Shield Principles at https://www.privacyshield.gov/article?id=C-Pre-Arbitration-Requirements and http://trade.gov/td/services/odsi/swiss-us-privacyshield-framework.pdf. The Federal Trade Commission has jurisdiction over Traackr, Inc.’s compliance with the Privacy Shield. Adherence by Traackr, Inc. to the Privacy Shield Principles and the above-set forth provisions regarding transfer data may be limited (a) to the extent necessary to meet national security, public interest or law enforcement requirements; (b) by statute, government regulation, or case law that creates conflicting obligations or explicit authorizations; or (c) if the effect of the GDPR or Member State law is to allow exceptions or derogations, provided that such exceptions or derogations are applied in comparable contexts.
Effective as of May 25, 2018. Last updated on May 15, 2020.