ONBRAND, INC. – Privacy Notice – Influencers

Last updated: 9/6/2024

Welcome to Gatho Inc doing business as Onbrand , collectively, “Onbrand”, “we”, “us” or “our” in this privacy notice) privacy notice for influencers.

We collate publicly available information about influential individuals, and we collect information about individuals who may use our platform in their capacity as an influential individual (any such influential individual, “you” or “your” in this privacy notice if we have obtained information about you). This pooled information, or ‘personal data’, is made available on Onbrand’ s market-research database via Onbrand’ s influencer relationship management platform (the “platform”) for its users to discover, evaluate and manage their engagement with influential people. As used in this privacy notice (a) “GDPR” means the General Data Protection Regulation (EU) 2016/679; (b) “UK Data Protection Laws” means data protection laws enacted under the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (“UK GDPR”) and the UK Data Protection Act 2018 (“UK DPA 2018”); and (c) “European Data Protection Laws” means the GDPR and/or UK Data Protection Laws, in each case to the extent applicable.

Onbrand respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when it is used on our market-research database, your privacy rights and how the law protects you.

When a business customer of Onbrand uses our platform, that customer may enter information relating to influencers into its Onbrand account or you may share information relating to yourself with that customer through Onbrand platform. To the extent that information constitutes personal data under the European Data Protection Laws, that information (excluding data for which Onbrand is the controller (as defined in the European Data Protection Laws), such as Onbrand Profile Data (as defined below) as well as that certain publicly available influencer data for which Onbrand is the controller (as defined in the European Data Protection Laws)) is referred to in this privacy notice as “CRM-Stored Influencer Data”). To the extent we process CRM-Stored Influencer Data solely in order to provide the platform to a particular customer, under the European Data Protection Laws, to the extent applicable, we will act as a processor (as defined in the European Data Protection Laws) on behalf of that customer in respect of that CRM-Stored Influencer Data; this privacy notice will not apply to the processing of that CRM-Stored Influencer Data; and the applicable customer will act as a controller in respect of that CRM-Stored Influencer Data and is responsible for obtaining all necessary consents and providing you with all requisite information as required by applicable law.

Purpose of this privacy notice

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your personal data. This privacy notice supplements the other notices and is not intended to supersede them. In particular, and without limitation of the foregoing, in addition to this privacy notice, Onbrand’ s Website and Platform Privacy Notice, available at https://www.Onbrand.com/privacy-policy, will apply to you in your capacity as a general user.

Who we are

Onbrand is based in the United States of America. Our main office is 1330 West Avenue, suite 1404, Miami Beach , FL 33139, United States of America. We have developed and manage our Brand Partnership Platform which includes ‘Influencer Partnership Management Software’, which allows its users to manage, expand, validate and scale brand partnership with influencers.

Controller

We are a controller under European Data Protection Laws (to the extent applicable) for personal data which we obtain about you (excluding CRM-Stored Influencer Data).

Further help

If you have any questions about this privacy notice, including any requests to exercise your legal rights referred to in ‘Your legal rights’ (paragraph 7 below), please contact our compliance team using the following email address: support@Onbrand.com

If you are an individual located in the United Kingdom (“UK”) or any country in the European Economic Area (the “EEA”), you have the right to make a complaint at any time to the supervisory authority which regulates the processing of personal data in the country in which you are located. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us by support@Onbrand.com in the first instance.

1. The data we process and how it is obtained

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We collate, use, store and transfer different kinds of publicly available personal data about you which is obtained directly or indirectly via secondary sources such as social media networks and other Internet sources, and, in certain circumstances, we may also collect personal data directly from you. This personal data may include the following:

a. your name, age, email address, and affiliated organization (if applicable);
b. your online identifier, account name, or social media handle;
c. posts or messages which you have shared publicly on social media; and
d. any other information you manifestly make public.

If you sign up to use Onbrand platform, you will create a profile, in connection with which you will provide us with personal data, which may include your name, telephone number, social media handle, address, email address, social media profile information (if you authenticate access to Onbrand through a social media platform) and/or other contact details (collectively, “Onbrand Profile Data”). For clarification, if you choose to access Onbrand using the Facebook Login feature, the Instagram Login feature, or other social media sign-on feature, you may be providing us with access to all information, attributes, and data in your Facebook, Instagram, or other social media profile. We may freely store and use such information in accordance with this privacy notice.

We may combine the above referenced personal data with information we receive from third parties relating to your social media audience. Such combined personal data, while anonymous with respect to your social media followers, is identifiable of you.

2. How we use your personal data

We will only use your personal data to the extent that the law allows us to do so. We will use your personal data where it is necessary to pursue our legitimate interests, and your interests and fundamental rights do not override those interests.

As part of these legitimate interests, the platform may benefit you as an influencer by facilitating your connection with companies (and their brands) to enable those companies to expand your presence in the influencer marketing ecosystem and to enhance your subject-matter expertise. Influencers often reach out to us and request to be included on the platform. The platform also affords a mutual benefit to both brands and influencers by empowering brands and influencers to build meaningful relationships for their shared gain.

We may also use your personal data (a) where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal; and/or (b) where it is necessary for us to comply with a legal obligation to which we are subject; and/or (c) where it is necessary to perform a contract we have entered into or are about to enter into with you.

Purposes for which we will use your personal data

We process your personal data for the purposes of allowing users of our platform and associated market-research database to discover, evaluate, and manage their engagement with influential people. Also, we will use your Onbrand Profile Data in order to provide the Onbrand service. We may add your Onbrand Profile Data into our market-research database to further enable users of our platform to discover, evaluate, and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your personal data to connect you through our platform with companies (and their brands).

In particular, we would like you to be aware that the Onbrand platform uses algorithms to construct profiles about individual influencers and therefore we may use the personal data described in Section 1 so that an evaluation can be made about your behavior, preferences, and interests (among other things). Under the European Data Protection Laws (to the extent applicable), this usage may be considered profiling. In particular, these algorithms assess your reach (e.g. size of your social media audience), relevance (e.g. the contextual affinity of your content to Onbrand’s customers' areas of interest) and resonance (e.g. audience engagement with your social media content) in various areas. The European Data Protection Laws defines "profiling" as "any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements". To the extent Onbrand’ s processing constitutes profiling under the European Data Protection Laws (to the extent applicable), you have the right to specifically object to the processing of your personal data for the purpose of profiling in accordance with paragraph 7 below.

Opting out

Under certain circumstances, you may have certain rights under data protection laws to ask us or third parties to stop processing your personal data. To exercise these rights (to the extent applicable), visit the following webpage: https://www.Onbrand.com/data-opt-out or email us support@Onbrand.com. Please note that Onbrand reserves the right to refuse any request to exercise such rights to the extent permitted by applicable law.

3. Disclosures of your personal data

We may share your personal data with the persons and in the contexts set out below:

a. our business customers, whose representatives are users of our platform and associated market-research database;
b. if you create a Onbrand Profile, our business customers will have access to your Onbrand Profile Data;
c. service providers who provide us with IT, system administration, hosting, and other services;
d. professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
e. persons to whom we are under a duty to disclose or share your personal data in order to comply with any legal obligation, including without limitation public authorities who may need to see your personal data to meet national security or law enforcement requirements, and regulators and other authorities who require reporting of processing activities in certain circumstances;
f. third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice;
g. third parties with whom we may be required to communicate if we discontinue our business, or file a petition or have filed against us a petition in bankruptcy, reorganization or similar insolvency petition, application or proceeding;
h. our Corporate Affiliates; for the purposes of this privacy notice: "Corporate Affiliate" means any person or entity which directly or indirectly controls, is controlled by or is under common control with Onbrand, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise; and
i. third parties with whom we may be required to communicate in order to enforce or apply the terms of our agreements; or to protect the rights, property, or safety of Onbrand, our customers, or others.
j. We use reasonable efforts to ensure that all third parties respect the security of your personal data and to treat it in accordance with the law. Our business customers whose representatives are users of our market-research database will separately be contractually required to adhere to privacy laws in their use of our market-research database. Additionally, by contract, we do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our documented instructions.

4. International transfers

Personal data collected by us under this privacy notice may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and our platform may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such personal data. Where we transfer your personal data from a country in the EEA or the UK (as applicable) to another country outside of the EEA or the UK (as applicable) that do not ensure adequate protection for personal data (as determined by the European Commission or the UK Information Commissioner’s Office, as applicable), we may use specific contracts approved by the European Commission and/or the UK Information Commissioner’s Office (as applicable) which give personal data the same protection it has in the EEA or the UK (as applicable) under the European Data Protection Laws. If we rely on another basis to transfer your personal data outside of the EEA or the UK (as applicable), we will keep you updated by way of updates to this privacy notice.

5. Data security

We have put in place appropriate security measures intended to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. Processors of your personal data acting on our documented instructions will only process your personal data in accordance with our instructions and are subject to a duty of confidentiality.

6. Data retention

We will only retain your personal data for as long as necessary to fulfil the purposes for which it was obtained. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and the length of time thereafter during which we may have a legitimate need to reference your personal data to address issues that may arise;
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of our interactions for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

7. Your legal rights

Under certain circumstances, you may have certain rights under data protection laws in relation to your personal data, including to:

Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of any new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your personal data unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object to where we are processing your personal data for direct marketing purposes. In particular, to the extent Onbrand’ s processing constitutes profiling under the European Data Protection Laws, you have the right to specifically object to the processing of your personal data for the purpose of profiling. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please e-mail us at support@Onbrand.com. Please note that Onbrand reserves the right to refuse any request to exercise such rights to the extent permitted by applicable law.

No fee usually required

You generally will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

8. Changes of purpose

We will only use your personal data for the purposes for which it was obtained, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at support@Onbrand.com

If we need to use your personal data for an unrelated purpose, we will update this privacy notice and explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

9. Changes to our privacy notice

Any changes we make to this privacy notice in the future will be posted to our website. Please check back frequently to see any updates or changes to this privacy notice.

10. Privacy Notice for California Residents

Paragraph 10 shall apply to you only if you are a resident of California, Colorado, Connecticut, Utah, or Virginia. This paragraph 10 shall apply only to the extent Onbrand is regulated under the laws of the foregoing states as a “business” or “controller.”

When a business customer of Onbrand uses our platform, that customer may enter information relating to influencers into its Onbrand account or you may share information relating to yourself with that customer through Onbrand. To the extent that information constitutes personal information or personal data (as defined by applicable state law), that information (excluding data for which Onbrand is the business or controller (as defined by applicable state law), such as Onbrand Profile Data as well as that certain publicly available influencer data for which Onbrand is the business or controller (as defined by applicable state law)) is referred to in this privacy notice as “CRM-Stored Influencer Data”). To the extent we process CRM-Stored Influencer Data solely in order to provide the platform to a particular customer, under applicable state law, we will act as a service provider or processor (as defined by applicable law) on behalf of that customer in respect of that CRM-Stored Influencer Data; this privacy notice will not apply to the processing of that CRM-Stored Influencer Data and the applicable customer will act as the business or controller in respect of that CRM-Stored Influencer Data and is responsible for obtaining all necessary consents and providing you with all requisite information as required by applicable law.

We may also disclose your personal data to a third party in connection with any reorganization, financing transaction, merger, sale, joint venture, partnership, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

(b) Sources: We collect personal data from the sources set forth in paragraph 1, above.

(c) Sale of personal data: We sell your personal data to our business customers, whose representatives are users of our platform and associated market-research database, to allow them to discover, evaluate and manage their engagement with influential people. In addition to allowing users to conduct market research, as noted above, we will use your personal data to connect you through our platform with companies (and their brands).

We do not knowingly sell the personal data of minors under 16 years of age.

(d) Certain State Residents’ Rights and Choices: If you are a California, Colorado, Connecticut, Utah, or Virginia resident you may, subject to applicable law, have the right to make the following requests regarding your personal data:

(i) Access to Specific Information and Data Portability Rights: You have the right to request to know whether we process your personal data, as well as, over the past 12 months:

(A) The categories of personal data we collected about you and the categories of sources from which we collected such data;

(B) Our business or commercial purpose for collecting personal data about you;

(C) The categories of personal data about you that we sold and the categories of third parties to whom we sold such data;

(D) The categories of personal data about you that we otherwise disclosed and the categories of third parties to whom we disclosed such data; and

(E) A copy of your personal data, including specific pieces of personal data, and, where applicable, in a portable format.

(ii) Correction Right: You have the right to request to correct inaccuracies in your personal data.

(iii) Deletion Right: You have the right to request that Onbrand delete your personal data, subject to certain exceptions.

(iv) Right to Opt Out of Sales: You have the right to direct us to not sell your personal data.

(e) Exercising Rights and Choices:

To exercise the access, data portability, correction, and deletion rights described above, please submit a request to us by e-mail at support@Onbrand.com. To exercise the right to opt out of any future sale of your personal data, you may submit a request to us by contacting us as set forth above or by visiting the following link: Do Not Sell My Personal Information.

If an agent would like to make a request on your behalf as permitted by applicable law, the agent may use the submission methods noted above. As part of our verification process, we may request that the agent provide proof concerning their status as an authorized agent. In addition, we may require that you verify your identity or confirm that you provided the agent permission to submit the request.

We will verify and respond to your request consistent with applicable law, considering the type and sensitivity of the personal data subject to the request. We may decline to honor your request where the law or your right does not apply or where an exception applies. We may need to request additional personal data from you, such as email, first name, last name, and telephone number, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate before disclosing or deleting your personal data. If you make a request to delete, we may ask you to confirm your request before we delete your personal data.

(f) Non-Discrimination:
We will not discriminate against you for exercising your rights under applicable law.

(g) Appeal:
If we refuse to take action on your request, you may appeal our refusal within a reasonable period after you have received notice of the refusal. You may file an appeal by contacting us via e-mail at : support@Onbrand.com

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