Privacy Notice for Influencers

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.

IN A NUTSHELL

We gather publicly available information about influential individuals (“you”, “your” or “Influencer”). This collected information may include personal data, and is made available on the Klear platform (“Platform”) for customers of the Meltwater group (“Customers”) to discover, evaluate and manage their engagement with influential people.

WHO THIS NOTICE APPLIES TO

This Privacy Notice describes i) how we collect and use your Personal Data when it is included in our influencer database, and ii) your rights related to such processing. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any natural person. This Privacy Notice can be updated from time to time and, therefore, we ask you to check back periodically for the latest version. This Privacy Notice supplements the other notices.

When a Customer uses our Platform, that Customer may enter information relating to influencers into its Platform account (“CRM-Stored Influencer Data”). To the extent we process CRM-Stored Influencer Data we 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.

WHAT PERSONAL DATA WE COLLECT AND HOW WE COLLECT IT

• 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, including email, 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.

WHY DO WE COLLECT YOUR PERSONAL DATA AND HOW IT IS USED

• We process your Personal Data mentioned above for the purposes of allowing our Customers to discover, evaluate and manage their engagement with Influencers, and to contact and interact with Influencers. Customers can also see how many emails were sent through our Platform in total, how many were opened by you, and if the user included a link to their Klear Recruit landing page in the email, they can also see if you clicked on the Recruit landing page link.
• 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. 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 our Customers' areas of interest) and resonance (e.g. audience engagement with your social media content) in various areas. To the extent our 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 privacy@meltwater.com.

LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA

We collect and use the Personal Data to pursue our legitimate interests and based on our assessment the interests and fundamental rights of Influencers do not override those interests. For example, as part of these legitimate interests, the Platform may benefit you as an influencer by facilitating your connection with our Customers , and their brands, enabling them to reach out to you, and offer you work opportunities. In other words, there is a mutual benefit to both brands and influencers by empowering brands and influencers to build meaningful relationships for their shared gain. 

Where Influencers reach out to us and request to be included on the Platform, we collect and process their Personal Data with their consent or for performance of a contract (i.e. the terms of use of Klear.com applicable to influencers available at https://www.meltwater.com/terms-of-use/creators-influencers).

HOW WE SHARE YOUR PERSONAL DATA AND WITH WHOM

We may share your personal data with one or all of the following:

• Customers: our Customers are typically communications and marketing departments within businesses or other institutions, or PR agencies. Our Customers come from all sectors globally. We share information with our Customers for the purposes described above.
• Internal Third Parties: these include other companies ultimately owned by Meltwater B.V. ("Meltwater Group")
• External Third Parties:
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INTERNATIONAL TRANSFERS

We may share your personal data with entities within the Meltwater group. This, as well as transfers to some of the third parties referred to above, may involve transferring your personal data to countries outside of the European Economic Area (EEA) or the UK, including Israel and the United States of America. Where your personal data is transferred outside of the EEA or UK, we will do on the basis of an adequacy decision, or appropriate data protection safeguards, such as data protection clauses approved by the European Commission and / or the UK Government, in order to ensure that there is an adequate level of protection for your personal data. We will make a copy of these safeguards available to you upon request.

HOW LONG WILL WE USE YOUR PERSONAL DATA?

We will keep your Personal Data only for as long as is necessary for the purposes set out in this Privacy Notice and to fulfil our legal obligations.

YOUR PRIVACY RIGHTS

You have certain rights under applicable data protection laws in relation to your Personal Data. Your rights may depend on where you reside and the rights granted to data subjects in the local legislation.

• Access your personal data.
• Require us to correct any mistakes in your personal data which we hold.
• Require the erasure of personal data concerning you in certain situations.
• Receive the personal data concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit such personal data to a third party in certain situations e.g. where our processing is based on your consent or if we have a contract with you.
• Object in certain situations to our continued processing of your personal data, where the processing is based on our legitimate interests.
• Otherwise restrict our processing of your personal data in certain circumstances.

You can exercise your rights by contacting us at privacy@meltwater.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 honour 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.

HOW TO CONTACT THE CONTROLLER OF YOUR PERSONAL DATA?

Under applicable privacy laws, Klear.com Ltd is the controller of your personal data that we obtain and include in the Influencer database.

If you have any questions, concerns or complaints regarding our compliance with this Privacy Notice or applicable data protection lawsyou can contact us at privacy@meltwater.com.