DATE: 25 MAY 2018
1.1 We are committed to safeguarding the privacy of our website visitors, app users and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors, app users and managed service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 In this policy, “we”, “us” and “our” refers to Tailify Software Limited. For more information about us, see Section 15.
2. HOW WE USE YOUR PERSONAL DATA
2.1In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
2.2 We may process data about your use of our website, app and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website and app navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website, app and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website, app and services.
2.3 We may process your account data (“account data”). The account data includes your name and email address. The source of the account data is you or your company. The account data may be processed for the purposes of operating our website, providing our app and services, ensuring the security of our website, app and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, app and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.4 We may process your information included in your Instagram profile and/ or your Marketplace Influencer profile on our website and app (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, interests and hobbies, educational details and employment details and other information that you post for publication. The profile data may be processed for the purposes of enabling and monitoring your use of our website, app and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, app and business.
2.5 We may process information contained in any enquiry or communication you submit to us regarding our services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant services to you. The legal basis for this processing is consent or our legitimate interests in the administration of our business.
2.6 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent. If you are an existing user of our services, we may contact you by email with information about similar services to those which were the subject of our previous sale or negotiations, where you did not object to such contact at the time. You may unsubscribe from any notifications at any time via the footer link in each email we send.
2.7 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.8 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.9 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.10 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
3. PROVIDING YOUR PERSONAL DATA TO OTHERS
3.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.3 We may disclose your profile data to our Marketplace service users insofar as reasonably necessary for Marketplace to operate efficiently.
3.4 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.2 We and our other group companies have offices and facilities in Dubai and New York. Transfers to Dubai will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
4.3 Some of our suppliers are situated in outside of the European Union. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission or, in the case of US suppliers, self-certification with the Privacy Shield program, as agreed by the EU and US governments.
4.4 You acknowledge that personal data that you submit for publication through our website, app or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
5. RETAINING AND DELETING PERSONAL DATA
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website and app. You can check the last publication date at the start of the policy.
6.2 You should check this policy occasionally to ensure you are happy with any changes.
6.3 We may notify you of significant changes to this policy by email.
7. YOUR RIGHTS
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent; you object to the processing under certain applicable rules; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes.
7.9 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.10 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.11 You may exercise any of your rights in relation to your personal data by contacting us as set out in section 15 below.
8. THIRD PARTY WEBSITES
8.1 Our website includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of third parties.
9. PERSONAL DATA OF CHILDREN
9.1 Our website, app and services are targeted at persons over the age of 18.
9.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
10. UPDATING INFORMATION
10.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
11. ACTING AS A DATA PROCESSOR
11.1 In respect of personal data that is shared between brands and influencers directly via the Marketplace technology platform, we do not act as a data controller; instead, we act as a data processor.
11.2 Insofar as we act as a data processor rather than a data controller, this policy shall not apply. Our legal obligations as a data processor are instead set out in the contract between us and the relevant data controller.
12. ABOUT COOKIES
12.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
12.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
12.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
13. COOKIES THAT WE USE
14. MANAGING COOKIES
14.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
14.2 Blocking all cookies will have a negative impact upon the usability of many websites.
14.3 If you block cookies, you will not be able to use all the features on our website.
15. OUR DETAILS
15.1 Our website and app are owned and operated by Tailify Software Limited.
15.2 We are registered in England and Wales under registration number 10127861, and our registered office is at 10 John Street, London, WC1N 2EB.
15.3 Our principal place of business is at Campfire, 81 Paul St, London EC2A 4NQ.
15.4 You can contact us:
(a) using our website contact form;
(b) by telephone, on the contact number published on our website from time to time; or
(c) by email to email@example.com