The following terms shall have the following definitions:
“Location Data” shall mean data with respect to the country from which you are accessing or using the Services.
“Personal Data” shall mean information that can be used to identify you, directly or indirectly, alone or together with other information. This includes information such as your full name, email address, phone number, device IDs, and certain cookie and network identifiers.
How Brandumentals Collects and Uses Personal Data.
(a) When you register for an account or interact with the Services. Brandumentals collects Personal Data when you use or interact with our Services, including when you register for a Company account, browse our Services online, and, possibly, to make payments (including the possibility of processing of such payments). Personal Data may include name, address, phone number, username and password, email address, date of birth, and payment information. Brandumentals uses Personal Data to create your Company account, enable your activity within our Services, and to provide the Services generally, including to develop, enhance, and improve our Services and your experience in using such Services. Brandumentals also uses this data for internal purposes related to certain, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.
(b) When Brandumentals Collects Location Data. Brandumentals may collect Location Data as part of the functionality of our Services. We may collect Location Data in several ways, such as through your wireless carrier, based on WiFi access point location, via Bluetooth beacons, through a connected device, or directly from the device on which you use the Services.
(d) When you participate in special activities, offers or programs. Brandumentals may request or otherwise collect Personal Data when you participate in Promotions, when you participate in surveys, or when you participate in research activities or initiatives (“Research“). This includes Personal Data, such as name, address, email address, telephone number and other information that may be appropriate in order to participate. We may also launch surveys that ask you to answer questions about a range of topics from Personal Data to brand and product preferences. Promotions or surveys may be run by a Brandumentals service provider. In such instances, Personal Data may be collected directly by and/or shared with Brandumentals, the service provider, and/or business partner, including for marketing purposes.
(e) When you engage with our online communities or advertising. Brandumentals may collect your Personal Data when you engage with any online communities, to the extent that Brandumentals has created the same. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events, and other community forums sponsored by or affiliated with Brandumentals.
(f) When you access third party products and services. We may allow you to (i) register and pay for third-party products and services, (ii) pay for the Services, or (iii) otherwise interact with another website, mobile application, or Internet location (collectively “Third Party Sites“) through our Services, and we may collect Personal Data that you share with Third Party Sites through our Services.
(h) When Brandumentals collects data from third parties or publicly-available sources. Brandumentals may obtain certain data about you from third party sources to help us provide and improve the Services and for marketing and advertising. We may combine your Personal Data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services, such as providing you with a single point of sign on for our Services and/or building an account dashboard letting you understand how to access and control all the Services you use from a single location.
(i) When we collect cookies, device ID’s, location, and other tracking technologies. We may collect certain Personal Data using cookies and other technologies such as web beacons, device ID’s, advertising ID’s, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising.
(j) When we aggregate or centralize data. Brandumentals may aggregate and centralize Personal Data for purposes of analytics, innovation, and to provide enhanced services to our customers and end-users.
How Brandumentals Discloses Personal Data.
Brandumentals may disclose your Personal Data for the purposes as described in Section 2 and in the following ways:
(a) Affiliates. With companies, ventures or projects that are owned or controlled by Brandumentals, and internally within Brandumentals, in order to provide and improve Services, for marketing purposes, and for advertising.
(b) Service Providers and Vendors. With business partners, marketing partners, vendors and contractors to provide, improve, and personalize the Services.
(c) SNS Providers. With SNS providers when we use social network widgets, buttons, or plug-ins in our Services.
(d) Advertising and Marketing Purposes. With advertising and marketing partners for advertising and marketing purposes on Brandumentals’s behalf and on behalf of third parties. With companies involved in interest-based advertising, including web, mobile app and other advertising. This advertising consists of Brandumentals and third-party advertisements that are personalized and displayed on our sites and apps and through other channels.
(e) Analytics. With certain companies for purposes of analytics and improvement of the Services.
(g) Sale. With prospective or actual purchasers, investors, or successor entities in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction, pursuant to assurances of sufficient data handling practices and safeguards.
Legal Basis for Processing.
(a) No Requirement to Participate. You may choose not to provide Brandumentals with your Personal Data; however, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services.
(b) Rights with Respect to Personal Data. You have the following rights:
(i) Right of access to your Personal Data (Art. 15 GDPR). You have the right to ask Brandumentals for confirmation on whether Brandumentals is processing your Personal Data, and access to the Personal Data and related information on that processing (e.g., the purposes of the processing, or the categories of Personal Data involved).
(ii) Right to rectification (Art. 16 GDPR). You have the right to have your Personal Data corrected, as permitted by law.
(iii) Right to erasure (Art. 17 GDPR). You have the right to ask Brandumentals to delete your Personal Data, as permitted by law. This right may be exercised among other things: (A) when your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed, (B) when you withdraw consent on which processing is based according to Art. 6(1)(a) or Art. 9(2)(a) GDPR and where there is no other legal ground for processing, (C) when you object to processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or when you object to the processing pursuant to Art. 21(2) GDPR, or (D) when your Personal Data has been unlawfully processed.
(iv) Right to restriction of processing (Art. 18 GDPR). You have the right to request the limiting of our processing under limited circumstances, including: when the accuracy of your Personal Data is contested, when the processing is unlawful and you oppose the erasure of your Personal Data and request the restriction of the use of your Personal Data instead, or when you have objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of Brandumentals override your grounds.
(v) Right to data portability (Art. 20 GDPR). You have the right to receive the Personal Data that you have provided to Brandumentals, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
(vi) Right to object (Art. 21 GDPR). You have the right to object to Brandumentals’s processing of your Personal Data, as permitted by law. This right is limited to processing based on Art. 6 (1)(e) or (f) GDPR, and includes profiling based on those provisions, and processing for direct marketing purposes. After which, we will no longer process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
(c) Disclosure. Brandumentals may disclose your Personal Data in the following ways: