Tidal Labs Privacy Notice
Last Updated on December 10, 2018
This web site and all related platforms, applications, and services (the “Platform”) are owned and operated by Tidal Labs, Inc. (“Tidal Labs”, “we”, “us”, or “our”). We are committed to protecting the privacy of all users and influencers (“you”) who use the Platform. This Privacy Notice explains your privacy rights and how we collect, use, disclose, transfer, secure, and store your personal data.
Please contact our Data Protection Officer at firstname.lastname@example.org with any requests, questions, or concerns regarding this Privacy Notice.
Data We Collect
We collect and process your data based upon your consent, our legitimate business interests (as described below), or to fulfill legal and contractual obligations. Most of the personal data we collect is provided by you directly. In order to register an account with our Platform, you are required to provide:
- Email Address
- Irreversibly-encrypted version of your password
When you set up and modify your influencer profile on our Platform (your “Influencer Profile”), you have the option to provide other types of data, such as:
- Biographical data
- Phone number
- Payment information; e.g. billing address, contact phone number, PayPal account email
- Information from the social media accounts and blogs you connect with our Platform
How Your Data Is Used
Your data is primarily used to build a complete, compelling Influencer Profile, which is presented to the brands that are customers of Tidal Labs (“Brands”). Brands can browse your Influencer Profile and see all data you provided on your Influencer Profile. If you engage with a brand, they will be able to see additional information that you provided like your email address, phone number, or payment profile in order to contact you, issue a payment, or send a product sample to you. Your Influencer Profile is also visible to Tidal Labs, its employees, and any authorized partners (such as the Third Parties listed below) of Tidal Labs for the purpose of fulfilling contractual agreements with them and our Brands.
Sometimes, we may use your Influencer Profile, including your images, in a different format like PowerPoint to market you to Brands and persuade them to work with you as an influencer. We also may provide the Brands with an overview of your public social media content and any interaction and performance history you’ve had with Brands on our platform.
We analyze your social media, blog, and other content that you have connected with your Influencer Profile and provide such analysis to Brands. For example, we may analyze an Instagram post that you have submitted in order to update the Brand on the number of engagements with your Instagram post.
In sum, you provide your data to us for the purpose of building your Influencer Profile, securing engagements with Brands, paying or compensating you for your services to the Brand, and reporting to the Brand on your performance as an influencer.
We also use your data for business purposes that are necessary for our regular operations, including:
- provide the services and customer support you request;
- process payments or transactions and send notices about your transactions or your network activity;
- fulfill contractual obligations to the Brands with which you have interacted;
- resolve disputes and troubleshoot problems;
- prevent potentially fraudulent, prohibited or illegal activities;
- enforce our agreements, including the User Agreement;
- create an account connection between your account and a third-party account or platform, at your request;
- customize, personalize, measure, and improve our services and the content and layout of our Platform;
- send you updates about new products and services that we are offering, from which you can opt-out;
- compare information for accuracy and verify it with third parties; and
- perform other duties as required by law.
You have many rights regarding your data, including:
- You may access your data and obtain information about our processing, who we share your data with, and your rights.
- You may restrict and object to our processing, except in cases where processing is required by law or a contractual agreement, such as an Influencer Services Agreement.
- Where we process data based on your consent, you may withdraw your consent.
- You may correct data that is inaccurate and have incomplete data completed. In most cases, you are provided the tools to directly modify and correct your own data.
- You may request an export of the personal data we store for you. This right to portability only covers data that you have provided to us and does not include information like internal notes that Brands write about your Influencer Profile. Your right to portability may be exercised at any time by using the “export my data” tool from your dashboard.
- You may delete your account, Influencer Profile, and your data at any time. You may access the ability to delete your account from your dashboard. If you’ve engaged with a Brand, we may retain some information like your licensed content, payment history, and communication history with the Brand for recordkeeping and accounting purposes.
To invoke any of these rights, or submit a question or concern, please email our Data Protection Officer at email@example.com.
Storage and Security
We store your data for as long as it is necessary to provide products and services to you. As noted above, you may delete your account, Influencer Profile, and all related data at any time.
We take data security seriously and have both technical and operational measures in place to secure your data. We perform data protection risk assessments on and classify the data in terms of the privacy impact of that data, associated risks, original source of the data (whether it’s public on your blog or privately uploaded directly to us), and the amount of security required for that data.
We use a combination of encryption, secure networks and transmission, and access control rules to make sure that your data is protected at all times.
Sharing Your Data with Third Parties
Your data is sent to third parties only in specific and limited circumstances, and only the data relevant to the particular third party is transmitted. Here are the scenarios in which your data may be transmitted to or handled by a third party:
- Brands: In addition to Brand access to your Influencer Profile as discussed above, if you engage with a Brand through the Platform, the Brand may be able to access a limited export of your data for their own record-keeping purposes. We do not allow a Brand that you have never interacted with to export your data.
- Payment Processing: If a Brand engagement results in a payment to you, we necessarily have to transmit some of your data to a payment processor. Currently, our payment processor is Bill.com. We do not transfer any data to a payment processor if you are not owed or receiving a payment. The data we send to the payment processor is your payment profile, which you upload in your dashboard, as well as the payment amount and the name and ID of the campaign for which you are getting paid. Your payment profile includes your name, address, email address, and phone number.
- Email Processing: When you exchange emails with either Tidal Labs or one of our Brands, your name, email address, and an email message is necessarily processed by our third-party email processor Sendgrid. Additionally, if you email our primary email support account, your name, email, and message may be stored by Zendesk, who manages our support ticketing system.
- Instagram and Twitter: When building your Influencer Profile, we may send your Twitter or Instagram handle (and nothing else) to Macromeasures, Inc., who provides information about the topics (like fashion or sports) that you interact with publicly on social media.
We may also transmit some limited data to third parties required by the Brand for record-keeping or tracking purposes. In these cases, you will be notified of these uses of your data when reviewing an offer from a specific Brand, at which point you can either accept or decline the specific Brand engagement.
Links to Other Sites
The Platform may contain links to other third-party websites. We do not control the information collection of third-party websites that can be reached through links from the Platform. We encourage you to be aware when you are leaving the Platform and to read the privacy statements of any third-party website that collects your data.
Information from Children
Our Platform is not intended for children under 16 years of age, and we do not knowingly solicit or store information from any individuals under the age of 16. If we learn that we have collected personal data from a person under the age of 16, we will delete that information.
International Transfers and Privacy Shield
Because Tidal Labs and its servers are located in the United States, we transfer data that is collected by us to the United States for processing and storage. In order to provide appropriate safeguards regarding such transfers from the EU and Switzerland to the United States, we have certified our compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (each a “Privacy Shield Framework”). We are committed to subjecting all personal data received from the EU and Switzerland to the applicable Principles of the Privacy Shield Frameworks, and we comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.
The U.S. Federal Trade Commission has jurisdiction over our compliance with the Privacy Shield Frameworks. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including in order to meet national security or law enforcement requirements.
If you have any unresolved concerns regarding any personal data that is subject to the Privacy Shield Frameworks that we have not addressed satisfactorily, please contact our third-party dispute resolution provider (free of charge) at JAMS. Under certain circumstances, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Changes to our Privacy Notice
If we modify this Privacy Notice, we will post the updated version on our Platform. If we make material changes to the way we use your data, we will notify you via the Platform or by email. It is your responsibility to periodically review this Privacy Notice, and you are bound by any changes to the Privacy Notice by using our Platform after such changes have been first posted.
If you have questions or concerns about this Privacy Notice or your rights, please email our Data Protection Officer directly at firstname.lastname@example.org.
If you are an EU resident, you have the right to lodge a complaint with applicable supervisory authority.