PERSONAL INFORMATION IS IMPORTANT TO US
- 1. We are committed to safeguarding personal privacy. We recognize that you have a right to control how your personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, we will only collect and use personal information as set out below.
ANONYMITY AND PSEUDONYMITY
- 6. Where practicable, we will allow you to deal with us on an anonymous or pseudonymous basis. If this is practicable, our Collection Channels will only seek information in this way. However, where it is not practicable for the purposes for which information is collected, we will seek the information identified below. It will not be practicable to deal with you on an anonymous or pseudonymous basis when we wish to send you direct marketing materials or need to provide you with goods or services requested by you.
KINDS OF PERSONAL INFORMATION THAT KOLSPIRE COLLECTS AND HOLDS
- 7. Personal information that may be requested includes, but is not limited to:
- 1. contact information such as your full name, date of birth, telephone number, mobile telephone number, current and valid email address, residential address and postcode;
- 2. your social media handles and login details including usernames;
- 3. location information;
- 4. more detailed contact preferences;
- 5. sensitive information about you;
- 6. photographs of you;
- 7. your occupation and professional interests;
- 8. information regarding your personal interests and interesting and relevant information about you;
- 9. financial details including your bank account details, Stripe and PayPal details;
- 10. your online behaviour and interests based on your online browsing activity;
- 11. information about your preferences, interests, and experiences with our products or services. This information is collected in order to customize our communications to you and continuously improve our products and services;
- 12. information about your experience with our products or services or third party products or services listed on a Website;
- 13. your credit card details (where you purchase any products or services from us);
- 14. the contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to Kolspire and used for the purposes set out in this policy (which may include using their details for marketing purposes); and
- 8. When you use a Website, we may also collect personal information about you in the following general categories:
- 2. device information: we may collect information about your mobile device such as the hardware model, operating system, preferred language, unique device identifier and mobile network; and
- 3. other information: we may also collect and log information such as your IP address, access dates and times, browser type and pages visited when you interact with a Website.
HOW KOLSPIRE COLLECTS AND HOLDS PERSONAL INFORMATION
ACTIVE INFORMATION COLLECTION
- 11. information may be collected (and combined) via our Collection Channels if you:
- 2. sign-up and/or register to become a member of any Collection Channel;
- 3. download and use a mobile and/or tablet application;
- 4. submit any content to or participate in any way via a Collection Channel, including engaging with other users or taking part in campaigns;
- 5. subscribe to any newsletters, updates, alerts or news and media releases, or request launch or event information or information about our products or services or other information services as well as third party products or services;
- 6. complete and submit any forms or applications to us;
- 7. contact us directly in person or via any medium including mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) including via the contact details listed on a Website;
- 8. participate in any offers, promotions or marketing activities;
- 9. interact with a Website for a specific purpose;
- 10. interact with or browse a Website generally; or
- 11. if you are a business we trade with, complete a credit application.
- 12. Personal information is requested in order to allow you to participate in a Collection Channel, to facilitate or provide you with certain content, products or services, and information about such content, products or services (including the uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), marketing materials (including direct marketing materials), newsletters, electronic newsletters (e-newsletters), news and media releases / launch information, and also to advise you of other Kolspire or third party opportunities and products, services, offers, competitions or events which may be of interest. No one is obligated to provide personal information. However, failure to do so may result in you being unable to participate in a Collection Channel and Kolspire being unable facilitate or provide you with certain content, products or services, products or services information, upcoming opportunities and promotion, competition, offer or event information or accept competition entries or other content from you (where applicable).
- 13. We may also obtain your personal information from legitimate third party sources including social media channels, list brokers and other data providers or organizations that share data in circumstances where it is lawful and/or you have given permission for them to do so. If you are a representative of a business we trade with, we may also obtain your credit history information from a credit reporting body, and trade history information from references you provide us with.
- 14. The collection of personal information is neither intended for, nor directed to, persons who are under the age of sixteen (16) years old. Personal information will not be collected by any person who is known by Kolspire to be under the age of sixteen (16) without the consent of a parent or legal guardian. Persons under age sixteen (16) may only use our Websites with the involvement and consent of a parent or legal guardian.
PASSIVE INFORMATION COLLECTION
- 15. As with many commercial websites and mobile and tablet applications, we may also collect information which tells us about visitors to our Websites. For example, we may collect information about the date, time and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a Website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally including when you are logged into an account, you consent to the collection of such information where it is personal information.
- 17. Our Websites may use and combine such passively collected anonymous information or personal information and/or information from various third party sources, including as described above, and may combine this anonymous information or personal information with other personal information collected from you to provide better service to Website visitors and users, customize a Website based on your preferences, compile and analyze statistics and trends, provide you with relevant advertising when you visit a Website or a third party website, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled and used in this way.
PURPOSES FOR WHICH IFLEUNZ COLLECTS, HOLDS, USES AND DISCLOSES PERSONAL INFORMATION
- 19. Personal information collected will be used for the following primary purposes:
- 1. For the purposes stated in a privacy collection statement on a particular Collection Channel.
- 2. To maintain the functionality of a Website, including the provision of information to you relating to the content available on the Website and e-commerce transactions conducted via the Website.
- 4. To send you any technical, administrative or legal notices important to our Websites.
- 5. To allow you to create an account, sign in and use the functionality of a particular Collection Channel.
- 6. To allow you to respond to opportunities, briefs or campaigns created by other users of a Collection Channel;
- 7. To allow you to publish posts to your social media channels via a Collection Channel.
- 8. To facilitate payments from you and to you via a Collection Channel.
- 9. To provide you with information about your transactions (including uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), content, services and products.
- 10. To provide direct marketing materials, events, special offers, competitions and promotions in person and via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email) or any other form of electronic, emerging, digital or conventional communications channel.
- 11. To provide you with relevant advertising when you use our Websites or those of a third party.
- 12. To maintain our relationship with you.
- 13. To render services related to our company (such as after sales services and enquiries).
- 14. To provide you with newsletters via mail and electronic newsletters (e-newsletters) via commercial electronic messages.
- 15. To respond to customer enquiries, complaints and complaints handling.
- 16. To improve Website and system administration.
- 17. To obtain opinions or comments about products and/or services and to conduct other research and development.
- 18. To record statistical data for marketing analysis and to conduct market research.
- 19. To share personal information with our group companies, our promotional partners, trusted brands using a particular Collection Channel and their related bodies corporate and agents, and other trusted third parties in the manner described below.
- 20. If you are a business we trade with, to carry on our trading relationship with you including identifying and contacting you, invoicing your correctly, assessing the risks of providing credit to you or your business, and securing and recovering any debts owed to us.
- 21. Any other purpose as may be deemed reasonably necessary by Kolspire in the circumstances.
- 20. For the purposes described above, personal information may be shared with Kolspire, Kolspire promotional partners and their related bodies corporate, and other trusted third parties including brands and companies using the Kolspire Platform (and their directors, servants and agents). Failure to provide personal information may result in Kolspire being unable to provide you with certain content, information, upcoming opportunity, promotion, event or product information and/or accept content and promotion entries (where applicable).
- 21. In order to operate a Website or deliver a service (including for example, processing of credit card payments), personal information may also be shared with Kolspire's selected service providers and their related bodies corporate, and/or other trusted third parties. Kolspire's selected service providers and/or other trusted third parties may be engaged by Kolspire to perform a variety of functions, such as legal and accounting services, data storage, fulfilling orders, conducting market research, processing credit card payments, assisting with promotions and providing technical services for our Websites. These companies may have access to personal information if needed to perform such functions. Your credit card details are only used to facilitate your purchase. They are not used for any other purpose and will never be supplied to a third party other than Kolspire or our relevant service provider. If you are a business we trade with, we may disclose your information to debt recovery agents or credit reporting bodies if necessary.
CONTACT BY KOLSPIRE
- 23. Kolspire (and its directors, servants and agents), Kolspire's promotional partners and their related bodies corporate or trusted third parties (including users of a Collection Channel) and other selected service providers and other non-Kolspire companies or professionals, may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, post or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above.
ABILITY OF OTHERS TO VIEW INFORMATION
- 26. Kolspire may provide areas on a Website where you can upload user-generated content, post or provide information about yourself, communicate with other users including commercial users and brands, provide reviews for content, products and/or services, utilize functionalities that allow you to post content to your own social media channels, or interact with or vote on particular content. This information may be shared with others and may be publically posted on our Websites, including without limitation, other social media platforms and other public forums in which you choose to participate. This information may become publically available and may be read, collected and used by others either on our Websites or outside of our Websites. Kolspire is not responsible for the conduct of others who may read, collect and use this information.
YOUR RIGHT OF ACCESS
- 28. On a case by case basis Kolspire may determine that it is not required to give an individual access to personal information to the extent that it is lawful for Kolspire to do so. If such a determination is made then Kolspire will provide you with a written notice.
- 29. Where you are seeking information held on electronic file, or where you are seeking hard copies of personal information, we reserve the right to charge reasonable handling/ postage fees as appropriate.
- 30. With some personal information that may be stored, for example where it is held on program tapes, it is not practical to provide this information to you without charging an appropriate fee as we deem reasonable in those circumstances.
CHANGING AND DELETING THE INFORMATION WE HAVE ABOUT YOU
- 32. In the same way, a request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in us being unable to facilitate or provide you with information about certain transactions (including the uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), other content, services or product information, upcoming promotion, competition or event information, and/or provide certain content, goods or services.
- We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this policy.
STORAGE AND SECURITY OF PERSONAL INFORMATION
- 33. Kolspire will endeavor to take all reasonable steps to keep secure any personal information recorded (including your credit card details), and to keep this information accurate, up to date, complete and relevant. We ensure only those necessary have access to your personal information. Personal information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers.
DISCLOSURE OF PERSONAL INFORMATION TO OVERSEAS RECIPIENTS
- 34. In some cases, Kolspire may disclose your personal information to overseas recipients. Kolspire employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by Kolspire. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. Kolspire will not be held responsible for events arising from unauthorized access to personal information.
KOLSPIRE AND LINKS TO OTHER WEBSITES
- 35. Our Websites may, from time to time, contain links to the websites of other organizations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements. Kolspire is not responsible, nor does it accept any liability, for the conduct of companies linked to our Websites.
- 36. We may use third party advertisements on our Websites. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by Kolspire or any of its affiliates. Kolspire is not responsible for the content (including representations) of any third party advertisement on a Website. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.
RELATED KOLSPIRE WEBSITES
- 37. The policies on the Websites of some members of the Kolspire may vary, however, because of local customs, practices or laws.
SALE OF THE COMPANY
PROBLEMS OR QUERIES
RIGHTS OF EUROPEAN UNION DATA SUBJECTS
- 41. The GDPR deals with Kolspire's processing of "personal data". This means any information relating to an identified natural person or one who is identifiable 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. Personal data generally includes "personal information", as defined above.
Legal bases of processing
Purposes for the processing of personal data
- 43. Kolspire will process your personal data as follows:
- 1. personal information generally, as set out in paragraph 7;
- 2. personal information from your use of our Websites, including usage and performance information, device information and other information in accordance with paragraph 8; and
- 3. sensitive information (special category data) in accordance with paragraph 9 above.
- 2. Kolspire will process your personal data for the purposes as set out in paragraph 19 above.
Recipients or categories of recipients of personal data
- 44. The recipients of the personal data are Kolspire and the entities set out in paragraphs 20 to 22 above.
- 45. These recipients of your personal data may be located in countries in which the privacy or data protection laws differ from those of the European Union, and which are not the subject of an adequacy decision by the European Commission, as described in paragraph 34 above.
Withdrawing consent, or objecting or restricting to processing of personal data
- 46. You may withdraw consent at any time for the processing of your personal information, or otherwise request that we restrict our processing of your personal data. Please note that this does not affect the lawfulness of processing before you withdrew your consent or requested the restriction of the processing of your personal data.
How long we keep your personal data
- 47. Kolspire will store your personal data for as long as you engage with a Collection Channel and for a period of time afterwards based on our document retention obligations imposed by law, to comply with audit and financial obligations, and in relation to personal information contained in material which you have licensed or assigned to us for the period of time required to enforce or establish our rights in that material.
Use of automated decision-making
- 48. Kolspire may use automated decision-making based on your social media following to determine your eligibility to utilize aspects of the Kolspire Platform. In addition, Kolspire may use automated decision-making to:
- a. Determine which operating region to service you from.
- b. Match you to opportunities, briefs or campaigns, or participants created by other users of a Collection Channel.
Your rights under the GDPR
- 49. You have a number of rights under the GDPR. These include:
- 1. to request access to your personal data from us;
- 2. to request that we correct or erase your personal data;
- 3. to withdraw your consent for us to use your personal data;
- 4. in some circumstances, to object to the use of your personal data by us and request that we restrict our use of your personal data;
- 5. to receive your personal data held by us, in a commonly used electronic format, or to have us transfer such personal data to another service provider of your choosing;
- 6. to lodge a complaint in relation to our processing of your personal data with a data protection supervisory authority under the GDPR; and
- 7. to be informed generally about the collection and use of your personal data, including where we intend to further process your personal data for additional purposes other than as discussed above.