1. About BrandySocial
BrandySocial is a provider of Software as a Service (SaaS) solution for social media intelligence and marketing. For more information about BrandySocial, please see our site at https://www.brandysocial.com.
2. Data we collect or receive
We collect personal data from our customers and users of the Services (which includes employees of our corporate or institutional customers) for our own purposes, such as to provide and administer the Services. We are the data controller in respect of this personal data.
In order to provide our Services, we analyse user profiles and other information that we receive directly from the social media platforms such as Facebook, YouTube, Twitter, LinkedIn and other, via these platforms’ APIs. Such data include both non-personal data such as various statistics and metrics and personal data of the platforms’ users. Where we source the data directly from the relevant platforms, via these platforms’ public APIs, we determine the purpose of processing, which is developing and constantly enhancing our Services and offering them to our customers on a world-wide basis, via our web platform. In such cases, we are the data controller with respect to such data.
We also process personal data on behalf of our customers as a data processor; this is when the provision of certain Service or specific feature requires that our customers give us a permission (such as, for example, an access token or other administrative permission), within the Service, to access and manage any information that our customers monitor or collect from social media sites; this may include information that is not publicly available. When we access customer’s data with respect to which the customers are the data controllers, we act in accordance with the instructions of our customers (which they give us through the Services) as their data processor. This will be, for example, when we access Facebook Insights or facilitate and organize the communication (e.g. Facebook messages) between the customer and its end users within our customer care feature of the Community Service.
2.1 Data of customers and users of our Services
We collect your personal data when:
- You register or use registration for our Services, by completing a web registration form;
- You log to our Service, either by entering your username (email) and password, or using a social login such as Connect with Facebook or Sign In with Twitter, or by any other similar authentication means that we may make available to you;
- You use our Services or otherwise interact with BrandySocial, for example when you publish any images, content or other files or data via our Services;
- You otherwise voluntarily provide such data, e.g. by filling out and submitting any forms made available to you through BrandySocials' website or the Services or through websites or services of our business partners.
When you create an account with BrandySocial, we will ask you to complete a registration form indicating your first name, surname, email, phone number, company, and job title.
You can log in to the Services with your user name. In such case, you provide to us your user name (email) and password. The password is hashed and BrandySocial does not see it.
For purposes of analysis and improvement of our Services, our servers may automatically record information when you visit our website or use some of our Services, including:
- IP address;
- Browser type and language; and
- Date and time of your request or action, including your actions within the Services such as history of how you use our Services.
If our Services are purchased by an entity, it is the individual users within such entity’s organization who log into our Services platform and whose personal data are collected, as described above. Where such entity provides us directly with any personal data of its employees or other individual users that it authorized to access the Services, it must have all necessary consents, permissions or registrations to process and to provide to us its employees’ or users’ personal data.
2.2 Social network user data
The type and scope of personal data obtained from social media platforms depends on the type of the APIs and permissions set out by the respective platforms, and on the administrative permissions granted to us by our customers, where applicable.
Below are the most typical examples of data collected about social media platform users:
- Basic user profile information (such as the user name, user photo); User generated content (such as posts, comments, pages, profiles, images or feeds) including its metadata (such as time and location of a post or comment);
- Contact details (such as name, email address, telephone number) if made public by the user;
- Additional individual information (such as age, gender, employer, profession, geographic location, education information, financial status, habits and preferences) published by the user.
We only process data that the social network users made available to general public, pursuant to the relevant platforms’ terms, and that are generally accessible via the social network APIs, or data that our customers grant us permission to access.
3. How we use the data
We use your personal data for the following purposes:
3.1 To provide the Services
3.2 To communicate with you
3.3 To provide a better user experience
We may process your personal data in the scope specified in Section 2.1 to learn how you use our Services to be able to continuously enhance user experience as well as provide our customers seamless customer support. We may process such personal data also to improve and enhance our existing Services and develop new offerings. This includes product and market statistics, research and analytics, benchmarks and other analyses to better understand your needs and the needs of users in the aggregate, diagnose problems and analyse trends. See Section 7 below for more details.
3.4 To protect our Services and secure our or third party rights
We process your personal data in the scope specified in Section 2.1 to keep the Service safe, secure and reliable. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm BrandySocial, our customers and users.
We may process some of data specified in Section 2.1 when required by law or to establish, exercise or defend our legal claims or, where necessary, protect rights of BrandySocial. For example, we may store data about how you use our Services, including payments for Services, to prove or otherwise support our rights.
3.5 For marketing and sales purposes
We may process your contact personal data, in particular email, name, company and job title to offer you our new Services. For more details please see Section 8 below.
4. Lawful basis
For the purposes specified in Sections 3.1 and 3.2, we process your personal data based on our contract with you (if you are our direct customer and an individual) or based on our legitimate interest to provide our Services to our customers (where our customer is your company or organisation and you are an authorized user designated by your company or organization, or if you are social network user whose data are analysed as described in Section 2.2 above).
For the purposes specified in Section 3.3, we process your personal data based on our legitimate interest to develop and improve our Services.
For the purposes specified in Section 3.4, we process your personal data based on our legitimate interest to protect and secure our rights or claims or the rights of our customers or users.
For the purpose specified in Section 3.5, we process your personal data based on your voluntary consent where you have given us such consent. In a limited scope permissible under applicable law, we may also use your electronic contact details to inform you about our Services without your explicit consent, based on our legitimate interest, as described in more detail in Section 8 below.
Where we use your personal data for our legitimate interests, we make sure that we take into account any potential impact that such use may have on you. Our legitimate interests don’t automatically override yours and we won’t use your information if we believe your interests should override ours unless we have other grounds to do so (such as performance of contract, your consent or a legal obligation). If you have any concerns about our processing, please refer to details of “Your rights” in Section 11 below.
5. Retention periods
6. Sharing your personal data for legal and business purposes
We may use and/or disclose to third parties (including government bodies and law enforcement authorities, our affiliates, professional advisors and our vendors or subcontractors) information about you when:
- Complying with legal process;
- Enforcing or defending the legal rights of BrandySocial, and in connection with a corporate restructuring such as a merger, business acquisition or insolvency situations
- Preventing fraud or imminent harm; and
- Ensuring the security and operability of our network and services.
This information will be shared provided that, in all such circumstances, we will only share the limited personal information that is required to be shared in the unique situation.
7. Anonymous statistics
We may use aggregated anonymised data derived from the personal data provided by you or collected by the program analytics such as user behaviour and activities for our own statistics, for auditing, for the purposes of product and market research, for analytics (which helps us to optimise and improve our Services and their usability, the range of Services and to develop new technologies, products, and services), and for benchmarks and other analyses. Additionally, we may choose to publish such anonymised data and to share it with third parties outside of BrandySocial. We will not directly or indirectly transfer any data received from you to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising or monetization related toolset.
8. Marketing communications
We may contact you about our news, events, Services and their features or special offers that we believe may interest you, provided that we have the requisite permission to do so, either on the basis of your consent (where we have requested it and you have provided it to us), or our legitimate interests to provide you with marketing communications where we may lawfully do so, within the limits provided by law. In the latter case, we will only send you marketing communication if you are using or have recently used any of our Services and have not objected to receiving such information (by any means mentioned below).
Your marketing communication preferences may be changed at any time by following the instructions below:
- If you would like to unsubscribe from an email sent to you, follow the ‘unsubscribe’ link and/or instructions placed at the bottom of the email.
- Alternatively, you can contact us using the details in the “Contact Us” section below to change your marketing communication preferences, including the withdrawal of your consent.
If you have received unwanted, unsolicited emails sent via our system or purporting to be sent via our system, please forward a copy of that email with your comments to [email protected] for review.
We may share your contact details with our vendors or business partners who provide the relevant services or functions on our behalf, including event organization, marketing, distribution of surveys customer service, or public relations. These third-party vendors have access to and may collect information only as needed to perform their functions on our behalf and are not permitted to share or use the information for any other purpose.
Please note that we may occasionally send you important information (including via email) about our Services that you are using or have used including changes to applicable terms and conditions and/or other communications or notifications as may be required to fulfil our legal and contractual obligations, as described in Section 3.2 above. These important Service communications are not affected by your marketing communication preferences.
9. Security and location of your data
We have implemented and will maintain appropriate technical and organizational measures, internal controls, and information security routines in accordance with good industry practice while keeping in mind the state of technological development in order to protect your data against accidental loss, destruction, alteration, unauthorized disclosure or access or unlawful destruction. Such measures may include, without limitation, taking reasonable steps to ensure the reliability of employees having access to your data and providing for limited access rights and access controls; authentication; personnel training; regular back up; data recovery and incident management procedures; restrictions on storing, printing and disposal of personal data; software protection of devices on which personal data are stored; etc.
Data collected from you may be transferred to, and stored and processed in, the United States (US) or any other country in which BrandySocial, its affiliates, subcontractors, suppliers or other third party vendors maintain facilities. While we reserve the right to change our business partners and /or data locations, when we transfer any personal data to the USA or any other country outside the EU or EEA in which BrandySocial, its affiliates, subcontractors, suppliers or vendors maintain facilities, we will implement such appropriate legal mechanism as are required by EU law to ensure an adequate level of personal data protection by such third parties receiving your personal data (for example, European Commission’s Standard Contractual Clauses).
Our platform and Services (including any personal data contained therein) are hosted in the Google Cloud. Legally, this means that data are transferred to and stored and processed by Google. BrandySocial and Google have signed the controller-to-processor Standard Contractual Clauses approved by the European Commission (2010/87/EU) to ensure regulatory compliance for data transfers from Europe to the USA and Other Countries.
11. Your rights
If you wish to exercise these rights and/or obtain all relevant information about the processing of your personal data, please contact us at [email protected] You will be asked to identify yourself; this is necessary to verify that the request has been sent by you. We will respond within 1 month after receipt of your request, but we retain the right to extend this period up to 2 months in exceptional circumstances. We will in any event inform you within 1 month after receipt of your request if we decide to extend the period for our response.
In accordance with applicable laws and as further described below, you have the right to request access to, rectification, erasure or portability (e.g. transfer of your personal data to another service provider) of your personal data we process, as well as to object to the processing of your personal data and/or request restriction of such processing.
Please note that your objection to processing could mean that we are unable to provide you with our Services or otherwise perform the actions necessary to achieve the purposes set out above (see Section 3 ‘How we use the data’).
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us by contacting us via the contact details in Section 12 ‘Contact Us’.
11.1 Access to and rectification of your personal data
According to applicable laws, you have the right to rectify your personal data you have shared with us. Through your settings of the Services, you can access and update your account information and change your profile settings. If you wish to limit or change access to or the sharing of your personal data with a social network, please do this via your account settings on that social network.
11.2 Accuracy of your personal data
We take reasonable measures to ensure that you are able to keep your personal data accurate and updated. You can always approach us in order to obtain confirmation whether or not we still process your personal data.
11.3 Erasure of your personal data
You can ask us to erase your personal data at any time. If you approach us with such a request, we will delete all your personal data we have without undue delay, provided that your personal data is no longer necessary for the provision of the Services or other permitted purposes, in particular in connection with exercising and defending our legal rights, or meeting our legal obligations. We will also delete (and ensure deletion by the processors that we engage) all your personal data in case you withdraw your consent or in the circumstances that the law requires us to do so.
11.4 Restriction of processing
If you request us to restrict the processing of your personal data, e.g. in circumstances when you contest the accuracy, lawfulness or our need to process your personal data, we will limit processing of your personal data to the necessary minimum (storage) and, if applicable, will process them only for the establishment, exercise or defence of legal claims or, where necessary, for protection of rights of another natural or legal person, or other limited reasons dictated by the applicable law. In case the restriction is lifted and we continue processing your personal data, you will be informed accordingly without undue delay.
11.5 Portability of your personal data
You have the right to receive personal data relating to you and which you have provided to us. If you approach us with such request, we will provide your personal data in commonly used and machine-readable format to you without undue delay from receipt of your request. If you request so, we will send your personal data to a third party (another data controller) which you will identify in your request, unless such request would adversely affect rights or freedoms of others and where technically feasible.
11.6 Objection to processing
You have the right to object to our using your personal data on the basis of our legitimate interests (refer to Section 4 above to see when we are relying on our legitimate interests) (or those of a third party)) and there is something about your particular situation which makes you want to object to processing on this ground. In such case, we will no longer process your personal data unless we demonstrate compelling legitimate grounds for their further processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of our legal claims. If you object to processing of your data for direct marketing purposes, we will cease to process your data for these purposes.
11.7 Withdraw your consent
If you have provided us any consent with the processing of personal data, for example for marketing communication, you can withdraw your given consent at any time without stating any reason. We will block your personal data for any further processing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing based on consent before its withdrawal.
11.8 Complaint to a data protection authority
You have the right to submit a complaint concerning our data processing activities.
11.9 Request to opt out of the sale of personal data under the CCPA
BrandySocial does not sell, as defined in the CCPA, any personal data. Therefore, if a California consumer communicates an opt-out request under this provision, it will have no effect. If you require additional information about your rights under the CCPA to opt out of the sale of your personal data, please contact: [email protected] and put CCPA Request in the subject line.
12. Contact Us
If you have any queries regarding our data collection and protection practices or your rights, please do not hesitate to contact our Data Protection Officer, at [email protected]
BrandySocial Data Protection Officer: Felipe del Sol - Av. Nueva Providencia 1881, Oficina 2401, Providencia, Santiago, Chile