Tagger Media Creator Privacy Policy

Effective as of October 6, 2021.

This “Creator Privacy Policy” (or “Privacy Policy”) describes the privacy practices of Tagger Media Inc. and our subsidiaries and affiliates (collectively, “Tagger”, “we”, “us”, or “our”) with respect to our processing of personal information pertaining to individual authors of content, or creators (as explained below), in connection with our creator platform (the “Platform”). We make our Platform and creator personal information available to our business customers to enable them to plan campaigns, understand their audiences, discover and connect with creators, and to track, manage, and report results. Where we refer to “creators” in this Privacy Policy, we are referring to individuals who may have the ability to influence the behavior and opinions of others, including social media influencers (including on Instagram, Facebook, YouTube, TikTok, Twitch, Pinterest and Twitter), journalists, public figures, individuals acting on behalf of brands, individuals acting on behalf of retailers, and similar individuals.

This Creator Privacy Policy provides information about the types of personal information we hold about creators in connection with the Platform and how we collect, use and share it. It also tells you about rights some creators may have and how they can exercise those rights.

We provide important information for creators located in the European Union, European Economic Area, and United Kingdom (collectively, “Europe” or “European”) in the Notice to European Creators section of this policy. We provide important information for creators who are residents of California in the Your California Privacy Rights section of this policy.

Please note that this Creator Privacy Policy does not apply to Tagger’s processing of personal information pertaining to (i) our customers’ personnel; or (ii) individuals who visit or submit information to any of our websites. Our Website Privacy Policy applies to our processing in that regard. This Creator Privacy Policy also does not apply to any personal information in connection with which Tagger acts as a processor or service provider on behalf of our customers or others. For example, once you enter a contract or otherwise engage with one of our customers, the processing of your personal information by our customer is outside of our control and subject to our customer’s privacy policies, practices and any contract or other arrangement you or we may have with the customer. Should you have any questions or concerns concerning the processing of your personal information by one of our customers, please direct your inquiries to that customer.

Table of Contents

Personal Information We Collect

We may collect the following types of personal information about you in the following ways:

Information we obtain from third party sources, including social media platforms and publicly available online sources. We collect this data from a variety of third-party sources, including social media platforms (including via social media APIs), third party data collection partners and other publicly available online sources. Examples of the categories of personal information collected in this manner include the following:

Information we obtain from you. Our customers may request or recommend that you authenticate through the Platform or you may otherwise directly contact or engage with us, in which case we may obtain personal information about you directly from you. Such data may include additional (but non-public) information within the categories of data identified in the “Information we obtain from third party sources, including social media platforms and publicly available online sources” section above, including (without limitation) your impressions, Instagram stories, and demographic data. Such data may also include the following categories of personal information:

Customer Data We Collect as a Service Provider/Processor. Our customers may supplement the personal information we make available to them via the Platform with personal information about you that they have procured independently (“Customer-Procured Data”). Our customers input such Customer-Procured Data into our Platform, and we only use Customer-Procured Data to provide our Platform and services to that customer. However, this data is provided in the discretion of our customers and Tagger has no control over the input of such data. Such data may include additional (but non-public) information within the categories of data identified above.

In respect of this Customer-Procured Data, to the extent received solely from our customers and not otherwise, we act as a processor or service provider on behalf of our customers for their respective Customer-Procured Data. Our processing of any such personal information is outside the scope of this Creator Privacy Policy and is subject to our customers’ own privacy policies and practices and any contract or other arrangement you or we may have with such customer.

How We Use Your Personal Information

We may use your personal information for the following purposes and as otherwise described in this Privacy Policy:

To operate the Platform and our business and to serve our customers. We use your personal information to operate the Platform and our business and to provide our services to our customers, including to:

To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and the personal information of other individuals. We may use this anonymous, aggregated or de-identified data and share it with our customers and other third parties for our lawful business purposes, including to analyze and improve the Platform and our services and to promote our business.

Compliance and protection. We may use your personal information to:

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

How We Share your Personal Information

To the extent permitted by applicable law and our contractual obligations, we may share your personal information with the following parties or as otherwise described in this Creator Privacy Policy or at the time of collection:

Customers. We disclose your personal information to our customers who access the Platform, as described above. We do not control, and are not responsible for, how our customers use the personal information that we make available to them. Their processing of your personal information is subject to their own privacy policies and practices.

Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Platform or our services (such as analytics and information technology services).

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. We may share your personal information with any third parties, including law enforcement, government authorities, and private parties, as we believe in good faith to be reasonably necessary or appropriate for the compliance and protection purposes described above.

Business transferees. We may sell, transfer or otherwise share personal information with acquirers and other relevant participants in business transactions (or negotiations of, or due diligence with respect to, such transactions), including a corporate divestiture, merger, consolidation, acquisition, reorganization or sale or transfer of some or all of our assets or equity securities, or in the event of bankruptcy, liquidation, dissolution or similar event.

With your consent or at your direction. We may share your personal information with any third party if you have provided your consent to such sharing or if you have otherwise instructed us to do so.

Your Choices

All creators, regardless of where they live, have the following rights:

If you are a resident of a jurisdiction that affords you additional rights by law with respect to your personal information, you may also have some or all of the following rights:

Certain of these rights, as applicable, are described in the Your California Privacy Rights and Notice to European Creators sections, below. You can exercise any of the above rights by emailing privacy@taggermedia.com or as otherwise provided in the Your California Privacy Rights and Notice to European Creators sections, below, to the extent applicable.

Security practices

The security of your personal information is important to us. We employ a number of technical, organizational, physical and contractual safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International data transfers

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.

Creators in Europe should read the important information provided below about transfers of personal information outside of Europe.

Children

We do not knowingly collect personal information from children. We define "children" as follows:

If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. If you are a parent or guardian of a child and believe we have collected the personal information of your child without your consent, please contact us to have this information deleted.

Changes to this Creator Privacy Policy

We reserve the right to modify this Creator Privacy Policy at any time. If we make material changes to this Creator Privacy Policy, we will notify you by updating the date of the policy and posting it on our website at https://www.taggermedia.com/. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if we have your contact information). Any modifications to this Creator Privacy Policy will be effective upon our posting or as otherwise indicated at the time of posting. In all cases, your use of the Platform after the effective date of any modified Creator Privacy Policy indicates your acceptance of the modified terms of the policy.

How to Contact Us

Please direct any questions or comments about this Creator Privacy Policy or privacy practices to privacy@taggermedia.com. You may also write to us via postal mail at: 2001 Wilshire Blvd. Suite 301, Santa Monica, CA 90401

Your California Privacy Rights

This section describes how we collect, use, and share Personal Information of creators that are California residents in connection with our Platform in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to that Personal Information. For purposes of this section, the term “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA.

Your California privacy rights. California residents have the rights listed below under the CCPA. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

Exercising your right to information, access and deletion. You may submit requests to exercise your right to information, access or deletion by calling us toll free at 1-(888) 201-4517, or via email to privacy@taggermedia.com.

Exercising your right to opt-out of certain sharing of your Personal Information. We share Personal Information with our customers as described in this Creator Privacy Policy. Because the CCPA defines the term “sale” very broadly, such sharing could be considered a “sale” under the CCPA. You can request to opt-out of this sharing of your Personal Information here: Do Not Sell My Personal Information. For the avoidance of doubt, this right to opt-out of certain sharing of your Personal Information does not apply in (among other circumstances) any situations where we are processing your Personal Information on behalf of our customers rather than for our own purposes. Any requests with respect to the processing of Personal Information in the possession or control of our customers should be directed to the relevant customer.

Verification of your Requests; Authorized Agents. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. We will need to verify your identity to process your information, access and deletion requests and reserve the right to confirm your California residency. To verify your identity, you will need to provide us with the following information about you: Full name, e-mail and links to social media handles. Depending on the nature and scope of your request, we may also need to request additional information from you, which we will use only for the purposes of verification. Upon receipt of your request, we will notify you if we need additional information from you to verify your request. We do not charge a fee to process or respond to your 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.

Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide the information we request to verify your identity and provide us with confirmation that you have given the authorized agent permission to submit the request.

Personal information that we collect, use and disclose. The chart below summarizes the Personal Information we collect by reference to the categories of Personal Information specified in the CCPA (Cal. Civ. Code §1798.140) and describes our practices currently and during the 12 months preceding the effective date of this Creator Privacy Policy. The terms in the chart refer to the categories of information, sources, purposes and third parties described above in this Creator Privacy Policy in more detail. Information you voluntarily provide to us, such as in the content of your posts, content from chats you engage in with our customers or others, or data input into free-form webforms, may contain other categories of personal information not described below. In addition to the disclosures described in the chart below, we disclose Personal Information as described in the How we share your personal information section, above.

Statutory category / Personal information we collect in this category Source of PI Business/commercial purpose for collection Categories of third parties to whom we “disclose” PI for a business purpose Categories of third parties to whom we “sell” PI
Identifiers
  • Identification data
  • Professional contact data
  • Social media profile information
  • Application data
  • You
  • Customers
  • Third-party sources
  • Service delivery
  • Compliance & protection
  • With your consent
  • Customers
  • Service providers
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Others, with your consent or at your direction
  • Customers
California Customer Records (as defined in California Civil Code §1798.80)
  • Identification data
  • Professional contact data
  • Social media profile information
  • Social media content
  • Application data
  • You
  • Customers
  • Third-party sources
  • Service delivery
  • Compliance & protection
  • With your consent
  • Customers
  • Service providers
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Others, with your consent or at your direction
  • Customers
Inferences

May be derived from:

  • Identification data
  • Professional contact data
  • Social media profile information
  • Social media content
  • Brand affiliation
  • Campaign performance data
  • Application data
N/A
  • Service delivery
  • Compliance & protection
  • With your consent
  • Customers
  • Service providers
  • Authorities and others
  • Business transferees
  • Others, with your consent or at your direction
  • Customers
Sensory Information
  • Social media profile information
  • Social media content
  • Application data
  • You
  • Customers
  • Third-party sources
  • Service delivery
  • Compliance & protection
  • With your consent
  • Customers
  • Service providers
  • Authorities and others
  • Business transferees
  • Others, with your consent or at your direction
  • Customers
Physical Description
  • Social media profile information
  • Social media content
  • Application data
  • You
  • Customers
  • Third-party sources
  • Service delivery
  • Compliance & protection
  • With your consent
  • Customers
  • Service providers
  • Authorities and others
  • Business transferees
  • Others, with your consent or at your direction
  • Customers
Professional or Employment Information
  • Social media profile information
  • Social media content
  • Campaign performance data
  • Application data
  • You
  • Customers
  • Third-party sources
  • Service delivery
  • Compliance & protection
  • With your consent
  • Customers
  • Service providers
  • Professional advisors
  • Authorities and others
  • Business transferees
  • Others, with your consent or at your direction
  • Customers

Your California privacy rights. Under California’s Shine the Light law (California Civil Code Section 1798.83), California residents may ask companies with whom they have formed a business relationship primarily for personal, family or household purposes to provide the names of third parties to which they have disclosed certain personal information (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes and the categories of personal information disclosed. You may send us requests for this information to privacy@taggermedia.com. In your request, you must include the statement “Shine the Light Request," and provide your first and last name and mailing address and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency. Please note that we will not accept requests via telephone, mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Notice to European Creators

The information provided in this “Notice to European Creators” section applies only to individuals in Europe.

Personal information. References to “personal information” in this Creator Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller and representatives. Tagger Media Inc. is the controller of your personal information covered by this Creator Privacy Policy for purposes of European data protection legislation. Our representative in the European Union is BW Advisory Sp. z o.o., Gen. Władysława Andersa 37 / 25, 00-159 Warsaw, Poland, email: office@itgrc.pl, mobile: +48 603 692 276 . Our representative in the UK is Hannah Monds, Managing Director EMEA, Tagger Media, +44 7515 285 440, hannah@taggermedia.com.

Data Protection Officer (“DPO”). We have appointed a DPO. Our DPO can be contacted at privacy@taggermedia.com.

Legal bases for processing. We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Creator Privacy Policy are described in the table below.

Purpose Category(ies) of personal information involved Why do we do this Our legal basis for this use of data

To operate the Platform and our business and to serve our customers.

  • Identification data
  • Professional contact data
  • Social media profile information
  • Social media content
  • Brand affiliation
  • Contractual relationship data
  • Campaign performance data
  • Application data
  • Chat data and other correspondence
  • To operate, maintain, administer and improve the Platform
  • Contractual necessity
  • Legitimate Interests

We have a legitimate interest in providing and improving the Platform. We consider and balance any potential negative impact on you and your rights before we process your information. We do not use your personal information for these activities where our interests are overridden by the impact on you.

To create anonymous, aggregated or de-identified data.

  • See above
  • To analyze the use of the Platform and make improvements
  • Legitimate Interests

We have a legitimate interest in analyzing how the Platform is used. We consider and balance any potential negative impact on you and your rights before we process your information. We do not use your personal information for these activities where our interests are overridden by the impact on you.

Compliance and protection.

  • Identification data
  • Professional contact data
  • Social media profile information
  • Social media content
  • Brand affiliation
  • Contractual relationship data
  • Campaign performance data
  • Application data
  • Chat data and other correspondence
  • To keep our Platform and associated systems operational and secure
  • To enforce the terms and conditions that govern the Platform
  • Compliance with a legal obligation
  • Legitimate Interests

We have a legitimate interest in ensuring the ongoing security and proper operation of our Platform and associated systems.

Use for new purposes

We may use your personal information for reasons not described in this Creator Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Sensitive personal information

We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Platform, or otherwise to us. If you provide us with any sensitive personal information when you use the Platform, you must consent to our processing and use of such sensitive personal information in accordance with this Creator Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through the Platform.

Profiling and automated decision making

Profiling is the automated processing of personal information to evaluate certain things about an individual. Automated decision-making means decisions made solely by automated means without any human involvement. We do not currently use profiling or automated decision-making mechanisms when processing your personal information.

Retention

We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. When we no longer require the personal information we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.

Your rights

European data protection laws give you certain rights regarding your personal information. If you are located within Europe, you may ask us to take the following actions in relation to your personal information that we hold:

You may submit these requests by email to privacy@taggermedia.com. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.

You will not have to pay a fee to exercise your rights. However, we may charge a reasonable fee if your request is unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Cross-Border Data Transfer

If we transfer your personal information out of Europe to a country not deemed by the European Commission and/or UK Government, as applicable, to provide an adequate level of personal information protection, the transfer will be performed subject to appropriate safeguards and otherwise in accordance with European data protection laws. You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.