Privacy Policy
All collection, processing, and use (hereafter “usage”) of data by InfluencerSoft is exclusively for the purposes of providing the InfluencerSoft services (hereafter “services”). The services have been designed with the goal of collecting as little personal data as possible to function. By “personal data”, we mean all particulars related to an identified or identifiable natural person (the “data subject”).
The following statements describe which types of data we collect when you use our services, what happens with this data, and how you can object to this data processing, where applicable.
Data Controller and Owner
For the purposes of the EU General Data Protection Regulation (GDPR) (EU) 2016/679, the responsible entity is:
InfluencerSoft LLC (DBA - InfluencerSoft); +1(844)331-0950, support@influencersoft.com
7486 La Jolla Blvd. #507
La Jolla, CA 92037
United States
Definitions
“Our Website(s)” and “InfluencerSoft Websites” refers to any website owned and/or operated by InfluencerSoft LLC (as listed above), especially InfluencerSoft.com
User is the individual using software InfluencerSoft, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
What Data we Collect
When you visit our website, our server temporarily saves details of your access in its logs. These logs contain the following data, and are kept until their automatic deletion:
The IP address of the computer making the request
The date and time of your request
The requested URI
The amount of data transferred to you in response
Whether the request was successfully processed or not
Identifying data about the browser and operating system you use
The referring website from which you made the request
The name of your Internet Service Provider
The purpose of recording this data is to make it possible to serve the website to you (by establishing a TCP/IP connection), to secure our servers, the technical administration of our infrastructure as well as the optimisation of our services. Only in the case of unauthorised access or attacks on our infrastructure will your IP address be analysed.
No further information is required from you in order to access our website.
Among the types of Personal Data that InfluencerSoft collects from User, by itself or through third parties, there are:
• First Name & Last Name
• Phone number
• Email
• Address, State, Province, ZIP/Postal code, City
• Password
• Cookie and Usage Data, IP address.
Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.
The Personal Data may be freely provided by the User, or collected automatically when using InfluencerSoft .
Any use of Cookies – or of other tracking tools – by InfluencerSoft or by the owners of third party services used by InfluencerSoft , unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
Failure to provide certain Personal Data may make it impossible for InfluencerSoft to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through InfluencerSoft and confirm that they have the third party’s consent to provide the Data to the Owner.
The use of the Data processed by the Service
All Data processed via the analysis conducted by InfluencerSoft are used by InfluencerSoft only for the purpose of providing the service to the Users. Such Data will not be transferred or sold by InfluencerSoft to any third party, nor will it be used by the Owner for any purpose connected to InfluencerSoft ’s own business. The Owner reserves the right to aggregate the Data imported on the application by the different InfluencerSoft Users, for the purpose of creating anonymized aggregated metrics.
Securing your Data
In order to secure your data we have put in place technical and organisational measures which meet the requirements of the GDPR, and require any third-party service providers we use to do the same.
When we use third parties to provide the services, for example infrastructure service providers, these third parties are only engaged after a comprehensive review.
Your data is only ever saved on secure servers, which may only be accessed by a few authorised personnel.
Third-Party Service Providers in non-EEA Countries
In order to provide our services, we use third-party services located outside the European Economic Area. Where such transfer occurs, InfluencerSoft ensures that such transfer occurs under the necessary legal provisions as required by the applicable legislation in order to provide for an adequate level of protection of Your Personal Data (e.g. adequacy decision of the EU commission (e.g. EU-US Privacy Shield), binding corporate rules, or EU standard contractual clauses)
Use of Cookies
In addition to the previously listed data, cookies will be saved on your computer when you use our website. Cookies are small pieces of textual data which are saved on your hard disk by your web browser, through which InfluencerSoft , who sets the cookie’s contents, can collect certain information about you. Cookies cannot execute any code, nor transfer any viruses to your computer. We use them in order to anonymously or pseudonymously analyse the use of the website, and present relevant offers to you.
This website uses the following types of cookies, whose scope and functionality is detailed in the following paragraphs.
Transient cookies are automatically deleted when you close your browser. They are used particularly as session cookies. These save a so-called “session ID” which is used to link subsequent requests made by your browser to each other. Through this, your computer can be recognised when you return to our website. These session cookies are deleted, when you log out, or close your browser.
Persistent cookies are only deleted after a predetermined duration, which can be different for each cookie. You can delete these persistent cookies anytime, though the “Settings” configuration of your browser. We advise you, that if you do so, that not all functionality of this website will be available.
The placement of cookies on your computer can be prevented through the relevant settings of your internet browser. Previously set cookies can also be deleted through the settings of your browser. We advise you that preventing the placement of cookies on your computer can mean that not all functionality of our website are available without limitations.
Website Registration
The data subject can register on the website. For this to take place, it is required that the data subject enter their details in the “Start Your Free Trial” form. The data given by the data subject to register will solely be used for registration, and not passed to any third parties unless InfluencerSoft has a lawful ground to do so. In the course of registration on our website, your IP address, date and time of access will be recorded, in order to prevent any potential misuse. During, or after the registration, the data subject is free to alter their personal data. It is also possible for the data subject to completely cancel their registration, so that all personal data is deleted.
Third-party services
Zendesk
InfluencerSoft uses Zendesk. This is a customer service platform provided by Zendesk, Inc. and enables us to provide support to our customers and users by offering means to contact InfluencerSoft .
The responsible entity is:
Zendesk, Inc., 1019 Market Street, 6th Floor, San Francisco, California 94103 USA
If a user chooses to contact InfluencerSoft , either by emailing support [at] InfluencerSoft.com, or any other email address associated with our Zendesk account; or by submitting a ticket through the contact form on our website or the Zendesk Webwidget, the content that the user chooses to submit is transferred to Zendesk’s servers located in the United States, and saved there. The content and metadata of your messages are submitted by Zendesk to InfluencerSoft. Zendesk may give this information to further parties where legally required to do so, or these parties are contracted to by Zendesk.
You can find further information about Zendesk’s data processing and data protection at:
https://www.zendesk.com/company/customers-partners/privacy-policy
Intercom
InfluencerSoft uses Intercom to notify users of new features in our product. We also use Intercom to manage information about our customers and leads.
The responsible entity is:
Intercom R&D Unlimited Company,
2nd Floor, Stephen Court,
18-21 St. Stephen’s Green,
Dublin 2, Republic of Ireland
Personally identifiable information, including name, email address, phone number and location & country is submitted to Intercom’s servers and saved there when a user chooses to sign up to the InfluencerSoft Application, to sign up for an event hosted or sponsored by InfluencerSoft , or to subscribe to notifications about new product features and other information from InfluencerSoft .
The option to subscribe to notification is made possible through the use of JavaScript and cookies. Information obtained via the cookies and / or the JavaScript widget, including IP address, browser version, OS version, activity data, usage information, transaction information and plan details is transferred to Intercom’s servers and saved there.
Other information, including IP address, browser & OS version, and timestamps, is submitted to Intercom when a user loads resources embedded in, or a link contained an email sent through Intercom.
The analyses of your actions on our website and with the notifications sent through Intercom is transferred to us in the form of reports. Intercom may give any of your information to further parties where legally required to do so, or these parties are contracted to by Intercom.
You can find further information about Intercom’s data processing and data protection at:
https://www.intercom.com/terms-and-policies#privacy
Facebook
InfluencerSoft has integrated Facebook into its website.
The responsible entity for Facebook is:
Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States.
When a data subject lives outside the United States or Canada, and Facebook undertakes data processing, the responsible entity is:
Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
If the user is logged into a Facebook account (even if it is not their own account) at the same time that they access they InfluencerSoft website, Facebook will additionally receive a notification that they have visited InfluencerSoft ’s website. Facebook collects this information, so the theoretical possibility exists that it could associate it with the Facebook account. The same also applies to the “Like” button, or to the usage of Facebook comment forms; Facebook could associate this information with the logged-in Facebook account.
To prevent this, you can log out of any Facebook accounts prior to visiting the InfluencerSoft website. To do this, you must visit the Facebook website.
For further information relating to data protection and Facebook, please see:
https://facebook.com/about/privacy
Google AdSense
InfluencerSoft uses Google AdSense, a service provided by Google Inc that enables us to advertise to previous visitors of our website and allows us to track the effectiveness of these ads.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The display of ads and measurement of their effectiveness is made possible through the use of cookies and clear gifs. Information obtained via these cookies and / or clear gifs is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google.
You may opt-out of targeted advertising through Google AdSense by visiting: https://www.google.com/ads/preferences
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
Google Analytics
Our website uses Google Analytics. This is a service of Google Inc (hereafter “Google”) which analyses website access, and enables us to improve our site.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The analysis of your use of our website is made possible through the use of cookies. Information obtained via these cookies is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google. The Google tracking on our website uses the “anonymizeIp()” function, which truncates the transmitted IP addresses so as to prevent the direct identification of any individual users.
You can stop the placement of Google Analytics cookies on your computer through the settings of your web browser. If you do so, we cannot guarantee that all the functions of our website will be fully available to you. You may also stop the placement of cookies through the use of browser extensions, such as:
https://tools.google.com/dlpage/gaoptout
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
And
https://www.google.com/analytics/terms
CloudFlare Inc.
CloudFlare is a monitoring service provided by CloudFlare Inc. that is used for monitoring service uptime and availability. Information that CloudFlare collect includes items such as IP addresses, DNS log data, and website performance data derived from browser activity. Place of processing: USA - Privacy Policy
Hetzner Online GmbH
InfluencerSoft uses Hetzner hosting to maintain the service databases.
The responsible entity is:
Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany
You can find further information about Hetzner Privacy Policy:
https://www.hetzner.com/rechtliches/datenschutz
Stripe
InfluencerSoft uses Stripe to process payments for some of our existing customers and provide billing information to these customers.
The responsible entity is:
Stripe, Inc
185 Berry Street,
Suite 550,
San Francisco, CA 94107
For those existing customers who are billed with Stripe, the following data is sent, and stored by Stripe:
Your name and email address
Details of your payment method (credit card number, expiry date, CVC)
Your IP address, and the time and date of your transaction
Your billing address
If you wish to avoid sending your data to Stripe, you can do so by not signing up for a paid InfluencerSoft plan. If you do so however, your ability to use InfluencerSoft ’s functions could be severely reduced.
You may find further information about Stripe’s data processing and data protection here:
https://stripe.com/us/privacy
Changes to this Privacy Policy
InfluencerSoft reserves the right to update this Privacy Policy from time to time without notice. Any changes are effective when we post the updated Policy on our website. We recommend that you regularly check back. We may provide you with notices about changes to this Privacy Policy if you are a registered user of the InfluencerSoft Application.
Contact
Should you have further questions, or wish to make contact with us, you can write us an email to support [at] InfluencerSoft.com. When you do so, the data required to answer your query will be automatically saved and processed. Your data will not be transferred to third parties unless InfluencerSoft has a lawful ground to do so.
Deletion of Personal Data
InfluencerSoft only keeps and processes personal data for so long as it is necessary. When the purpose of the data processing has been fulfilled, your personal data will be deleted in accordance with our data retention policy, unless we are legally required to retain it.
Right to Access, Change, or Delete Personal Data
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
Right to Access
Customers have the right to know what personal data about them is included in the databases and to ensure that such personal data is accurate and relevant for the purposes for which InfluencerSoft collected it. customers may review their own personal data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and InfluencerSoft policies. Upon reasonable request InfluencerSoft allows customers access to their personal data, in order to correct or amend such data where inaccurate. Customers may edit their personal data by logging into their account profile or by contacting InfluencerSoft by phone or email. In making modifications to their personal data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of personal data, customers should submit a written request to support [at] InfluencerSoft.com.
Requests for Personal Data
InfluencerSoft will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the personal data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If InfluencerSoft receives a request for access to his/her personal data from an customer, then, unless otherwise required under law or by contract with such customer, InfluencerSoft will refer such Data Subject to the customer.
Satisfying Requests for Access, Modifications, and Corrections
InfluencerSoft will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate personal data.
Questions, Complaints, Dispute Resolution
InfluencerSoft commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy policy should first contact InfluencerSoft at: support [at] InfluencerSoft.com. Additionally, you always have the right to make a complaint to the relevant authorities (https://ico.org.uk/) regarding our processing of your personal data.
How you can exercise your rights
Should you wish to exercise any of these rights, you will need to provide proof of identification that you are the person to whom the data relates. The data you will receive includes data we have related to you, the source of that data, the recipients, or types of recipients to whom the data was transferred, and the purposes for which the data was stored. To exercise these rights, please contact our support at support [at] InfluencerSoft.com
Our responsibilities as a Data Processor
As a technical services provider who stores the personal information of EU citizens on behalf of Data Controllers, we have certain responsibilities under GDPR which we comply with, including:
Managing Data Processing - InfluencerSoft has clear documentation on where our data comes from, how it is stored, and where it goes after we get it. InfluencerSoft will only process personal data on instructions from the controller, and inform the controller if it believes said instruction infringes on the GDPR (28.3)
Accountability and Governance - InfluencerSoft takes extraordinary steps to secure your data, ensure stability and uptime, manage data backup and disaster recovery, and regularly test security (32.1)
Authorized Use of Sub-Processors - InfluencerSoft uses subprocessors as a routine part of offering our service. It is our responsibility to ensure our subcontractors comply with GDPR, and we will comply with those rules. As a Data Controller, your agreement to our use of sub-processors is part of our legal Terms of Service and required to be an InfluencerSoft user. We maintain a list of sub-processors here for your review in our Privacy Policy (28.2)
Applicability
This privacy policy only applies to you if and to the extent InfluencerSoft and the services process your controlled data on your behalf. This privacy policy does not apply to you if:
(a) your covered data does not include any personal data; or
(b) data protection laws do not apply to your covered data.
You agree that InfluencerSoft is not responsible for personal data that you have elected to process through third-party services or outside of the services, including the systems of any other third-party cloud services, offline or on-premises storage.
Details of Data Processing
The subject matter of the data processing under this privacy policy is your controlled data. As between you and us, the duration of the data processing under this privacy policy is determined by you. The purpose of the data processing under this privacy policy is the provision of the services initiated by you from time to time. In connection with providing the services, we may process your controlled data for business purposes such as:
(a) maintaining and servicing your account(s);
(b) serving and rendering your websites to end users;
(c) enabling you to transact and communicate with your end users;
(d) providing analytics, auditing or verifying events related to your end users’ visits to your websites;
(e) ensuring the security and integrity of the services; and
(f) debugging, and improving the services.
Your controlled data relating to you, your end users or other data subjects whose personal data is included in covered data which is processed as part of the services in accordance with instructions given through the services.
Processing Roles and Activities
You are the controller and InfluencerSoft is the processor of your controlled data.
InfluencerSoft may also be an independent controller for some personal data relating to you or your end users. We decide how to use and process that personal data independently and use it for our own purposes. When we process personal data as a controller, you acknowledge and confirm that the agreement does not create a joint-controller relationship between you and us. If we provide you with personal data controlled by us, such as in any access to data regarding your end users’ interactions with your site, you receive that as an independent data controller and are responsible for compliance with data protection laws in that regard.
We will process your controlled data for the purpose of providing you with the services, as may be used, configured or modified through the services (the “purpose”). For example, depending on how you use the services, we may process your controlled data in order to:
(a) enable you to integrate content or features from a social media platform on your site; or
(b) email your end users on your behalf.
You will ensure that your instructions comply with all laws, regulations and rules applicable in relation to your controlled data (including data protection laws) and that your controlled data is collected lawfully by you or on your behalf and provided to us by you in accordance with such laws, rules and regulations. You will also ensure that the processing of your controlled data in accordance with your instructions will not cause or result in us or you breaching any laws, rules or regulations (including data protection laws). You are responsible for reviewing the information available from us relating to data security pursuant to the agreement and making an independent determination as to whether the services meet your requirements and legal obligations as well as your obligations under this privacy policy. InfluencerSoft will not access or use your controlled data except as provided in the agreement, as necessary to maintain or provide the services or as necessary to comply with the law or binding order of a governmental, law enforcement or regulatory body.
Our Processing Responsibilities
We will process your controlled data for the purpose and in accordance with the agreement or instructions you give us through the services. We will not “sell” or “share” (as such terms are defined under US Data Protection Laws) your controlled data. You agree that the agreement and the instructions given through the services are your complete and final documented instructions to us in relation to your controlled data. Additional instructions outside the scope of this privacy policy require prior written agreement between you and us, including agreement on any additional fees payable by you to us for carrying out such instructions. We will promptly inform you if, in our opinion, your instructions infringe data protection laws, or if we are unable to comply with your instructions. We will notify you when applicable laws prevent us from complying with your instructions, except if such disclosure is prohibited by applicable law on important grounds of public interest, such as a prohibition under law to preserve the confidentiality of a law enforcement investigation or request.
To the extent you and your controlled data are subject to the CCPA (such personal data, “CCPA data”), with respect to such CCPA data:
(a) InfluencerSoft acts as a “service provider” and you are a “business” (as such terms are defined under the CCPA); and
(b) InfluencerSoft and you shall comply with our and your respective obligations under the CCPA. InfluencerSoft will not use your controlled data outside of its direct business relationship with you, or for purposes other than the business purpose, unless otherwise permitted by the CCPA. Notwithstanding the foregoing, you agree that in accordance with the CCPA, InfluencerSoft may:
(i) use CCPA data internally to build and improve the quality of the services; or
(ii) combine personal data of the end users of you or other businesses for which InfluencerSoft is a service provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined personal data includes IP addresses, preferences, web pages visited prior to coming to your or another business’ website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how end users interact with your or another business’ website (such as timestamps, clicks, scrolling, browsing times and load times).
We will provide you notice without undue delay after becoming aware of and confirming the occurrence of a breach for which notification to you is required under data protection laws. We will, to assist you in complying with your notification obligations under data protection laws (including Articles 33 and 34 of the GDPR), provide you with such information about the breach as we are reasonably able to disclose to you, taking into account the nature of the services, the information available to us and any restrictions on disclosing the information such as for confidentiality. Our obligation to report or respond to a Breach under this policy is not and will not be construed as an acknowledgement by InfluencerSoft of any fault or liability of InfluencerSoft with respect to the breach. Despite the foregoing, InfluencerSoft’s obligations under this policy do not apply to incidents that are caused by you, any activity on your Account(s) and/or third party services.
We will provide you notice, if permitted by applicable law, upon receiving:
(a) an inquiry or complaint from an end user or other individual whose personal data is included in your controlled data; or
(b) a binding demand (such as a court order or subpoena) from a government, law enforcement, regulatory or other body in respect of your controlled data.
We will, to the extent that you cannot reasonably do so through the services or otherwise, provide reasonable assistance to you in respect of your fulfillment of your obligation as controller to respond to requests by data subjects under data protection laws (including Chapter 3 of the GDPR), taking into account the nature of the services and information available to us. To the extent required by data protection laws, you may ask us to assist you by verifying that we no longer retain or use any of your controlled data related to a data subject who has made a valid request to you to delete their personal data. You will be responsible for our reasonable costs arising from our provision of any such assistance.
We will maintain the security measures and the safeguards set out here. We may change or update the security measures or safeguards but will not do so in a way that adversely affects the security of your controlled data. We will take steps to ensure that any natural person acting under our authority who has access to your controlled data does not process it except on our instructions, unless such person is required to do so under applicable law, and that personnel authorized by us to process your controlled data have committed themselves to relevant confidentiality obligations or are under an appropriate statutory obligation of confidentiality.
You agree that we can share your controlled data with sub-processors in order to provide you the services. We will impose contractual obligations on our sub-processors, and contractually obligate our sub-processors to impose contractual obligations on any further sub-contractors which they engage to process your controlled data, which provide the same level of data protection for your controlled data in all material respects as the contractual obligations imposed in this privacy policy, to the extent applicable to the nature of the services provided by such sub-processor. A list of our current sub-processors is available upon request by sending an email to support@InfluencerSoft.com. Provided that your objection is reasonable and related to data protection concerns, you may object to any sub-processor by sending an email to support@influencersoft.com. If you object to any sub-processor and your objection is reasonable and related to data protection concerns, we will use commercially reasonable efforts to make available to you a means of avoiding the processing of your controlled data by the objected-to sub-processor. If we are unable to make available such suggested change within a reasonable period of time, we will notify you and if you still object to our use of such sub-processor, you may cancel or terminate the services or, if possible, the portions of the services that involve use of such sub-processor. Except as set forth in this policy, if you object to any sub-processors, you may not use or access the services. You consent to our use of sub-processors as described in this policy. Except as set forth in this policy or as you may otherwise authorize, we will not permit any sub-processor to access your controlled data. InfluencerSoft will remain responsible for its compliance with the obligations of this privacy policy and for any acts or omissions of any sub-processor or their further sub-contractors that process your controlled data and cause InfluencerSoft to breach any of InfluencerSoft’s obligations under this privacy policy, solely to the extent that InfluencerSoft would be liable under the agreement if the act or omission was InfluencerSoft’s own.
InfluencerSoft may (where required by data protection laws) use external or internal auditors to verify the adequacy of our Security Measures or as otherwise required by Data Protection Laws.
You agree to exercise any right you may have to conduct an audit or inspection by instructing InfluencerSoft to carry out the audit described herein. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such report or outcome from such audit with you and that we may redact any such reports as we consider appropriate. If InfluencerSoft does not follow such instruction or if it is legally mandatory for you to demonstrate compliance with data protection laws by means other than reviewing a report from such an audit, you may only request a change in the following way:
a. First, submit a request for additional information in writing to InfluencerSoft, specifying all details required to enable InfluencerSoft to review this request effectively, including without limitation the information being requested, what form you need to obtain it in and the underlying legal requirement for the request (the “request”). You agree that the request will be limited to information regarding our security measures or as otherwise required by data protection laws.
b. Within a reasonable time after we have received and reviewed the request, you and we will discuss and work in good faith towards agreeing on a plan to determine the details of how the request can be addressed. You and we agree to use the least intrusive means for InfluencerSoft to address the request, taking into account applicable legal requirements, information available to or that may be provided to you, the urgency of the matter and the need for InfluencerSoft to maintain uninterrupted business operations and the security of its facilities and protect itself and its customers from risk and to prevent disclosure of information that could jeopardize the confidentiality of InfluencerSoft or our users’ information.
You will pay our costs in considering and addressing any request. Any information and documentation provided by InfluencerSoft or its auditors pursuant to this policy will be provided at your cost. If we decline to follow any instruction requested by you regarding audits or inspections, you may cancel any affected paid services.
Upon your reasonable requests to us for information regarding our compliance with the obligations set forth in this privacy policy, we shall, where such information is not otherwise available to you, provide you with written responses, provided that you agree not to exercise this right more than one (1) time per calendar year (unless it is necessary for you to do so to comply with data protection laws). The information to be made available by InfluencerSoft under this policy is limited to solely that information necessary, taking into account the nature of the services and the information available to InfluencerSoft, to assist you in complying with your obligations under applicable data protection laws in respect of data protection impact assessments and prior consultation. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such information with you.
You can delete or access a copy of some of your controlled data through the services. For any of your controlled data which may not be deleted or accessed through the services, upon your written request, we will, with respect to any of your controlled data in our or our sub-processor’s possession that we can associate with a data subject, subject to the limitations described in the agreement and unless prohibited by applicable law or the order of a governmental, law enforcement or regulatory body:
(a) return such data and copies of such data to you provided that you make such request within no more than ninety (90) days after the cancellation of the applicable paid services; or
(b) delete, and request that our sub-processors delete, such data (excluding in the case of (a) or (b) any of such data which we maintain in order to comply with applicable law or as otherwise set forth in the agreement). Otherwise, we will delete your controlled data in accordance with our data retention policy.
Data Transfers
This section of the policy only applies to you to the extent your controlled data includes personal data of data subjects located within the EEA, United Kingdom or Switzerland.
Taking into account, in particular, the security measures and safeguards provided for in this privacy policy and the specific circumstances, you authorize InfluencerSoft to transfer your controlled data away from the country in which such data was originally collected to other countries globally in which InfluencerSoft or any sub-processors operate, including in particular, to the US.
Unless such transfer is otherwise permitted under European data protection laws, transfers to a sub-processor in any country not recognized under European data protection laws as providing an adequate level of protection for your controlled data shall proceed pursuant to
(a) the processor to processor (module 3) standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR and approved by the European Commission decision 2021/914, dated 4 June 2021 (and with respect to the UK, the international data transfer addendum to the European Commission’s standard contractual clauses approved by the Information Commissioner’s Office, effective March 21, 2022); or
(b) such other standard contractual clauses for the transfer of personal data to third countries that are recognized under the applicable European data protection laws in the EEA, UK or Switzerland. In order to facilitate an efficient and coordinated service, all communication with InfluencerSoft and any sub-processor (including InfluencerSoft, Inc.) in connection with such standard contractual clauses will, to the extent possible, be coordinated and directed through InfluencerSoft.
Liability
The liability of each party under this privacy policy is subject to the exclusions and limitations of liability set out in the agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by InfluencerSoft. in relation to your controlled data that arise as a result of, or in connection with, your failure to comply with your obligations under the agreement, this privacy policy or data protection laws shall reduce as applicable, InfluencerSoft's maximum aggregate liability to you in the same amount as such regulatory penalties, claims and/or liability incurred by us as a result.
Miscellaneous
You are responsible for any costs and expenses arising from InfluencerSoft's compliance with your instructions or requests pursuant to the agreement (including this privacy policy) which fall outside the standard functionality made available generally through the Services.
Modifications to this Privacy Policy
We may modify this privacy policy from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we may notify you in accordance with the procedures set forth in our Terms of Service. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified privacy policy. If you disagree with our changes, then you must stop using the applicable services and cancel the applicable paid services.
GDPR best practices for InfluencerSoft
While we can’t offer legal advice, here are some best practices that will help you get started with your GDPR compliance.
Personal data audit
Review your website, your scheduler, and other InfluencerSoft products and look for areas where you collect personal data, bearing in mind the modified the GDPR definition of “personal data.”
Some questions to consider:
• Do you collect personal data via products using third-party services? (e.g., Google Analytics, a form block connected to Mailchimp and Google Drive). You should read the privacy policies of those services.
• Do you download or export data from your products into another system?
• Do you combine the personal data you collect with other sources of data?
• Are you gathering information you don’t need?
Create (or update) your privacy policy
After you’ve identified your data collection activities, the GDPR requires that you provide specific information to individuals whose personal data you're collecting and processing. Posting a privacy policy gives visitors more clarity about your use of their information. Consider making a privacy policy page on your site or scheduler that documents:
• What information you collect
• Why you collect that information
• Who you share that information with
• How long you'll store that information
• If you intended to transfer such information outside of the European Economic Area.
• Any other information required under the GDPR
Posting a privacy policy gives visitors more clarity about your use of their information.
Where can I get more information about the GDPR?
Regulators within the EU and UK provide specific guidance on the GDPR and Cookies. You can view their documentation here:
• The European Data Protection Board (EDPB)
• Official EU GDPR website
• Bundesministerium des Innern (Germany)
• Commission Nationale de l’Informatique et des Libertés (France)
• Data Protection Commission (Ireland)
• Information Commissioner’s Office (UK)
• Agencia Española de Protección de Datos (Spain)
• Full text of the GDPR
Updated: June 2022
All collection, processing, and use (hereafter “usage”) of data by InfluencerSoft is exclusively for the purposes of providing the InfluencerSoft services (hereafter “services”). The services have been designed with the goal of collecting as little personal data as possible to function. By “personal data”, we mean all particulars related to an identified or identifiable natural person (the “data subject”).
The following statements describe which types of data we collect when you use our services, what happens with this data, and how you can object to this data processing, where applicable.
Data Controller and Owner
For the purposes of the EU General Data Protection Regulation (GDPR) (EU) 2016/679, the responsible entity is:
InfluencerSoft LLC (DBA - InfluencerSoft); +1(844)331-0950, support@influencersoft.com
7486 La Jolla Blvd. #507
La Jolla, CA 92037
United States
Definitions
“Our Website(s)” and “InfluencerSoft Websites” refers to any website owned and/or operated by InfluencerSoft LLC (as listed above), especially InfluencerSoft.com
User is the individual using software InfluencerSoft, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
What Data we Collect
When you visit our website, our server temporarily saves details of your access in its logs. These logs contain the following data, and are kept until their automatic deletion:
The IP address of the computer making the request
The date and time of your request
The requested URI
The amount of data transferred to you in response
Whether the request was successfully processed or not
Identifying data about the browser and operating system you use
The referring website from which you made the request
The name of your Internet Service Provider
The purpose of recording this data is to make it possible to serve the website to you (by establishing a TCP/IP connection), to secure our servers, the technical administration of our infrastructure as well as the optimisation of our services. Only in the case of unauthorised access or attacks on our infrastructure will your IP address be analysed.
No further information is required from you in order to access our website.
Among the types of Personal Data that InfluencerSoft collects from User, by itself or through third parties, there are:
• First Name & Last Name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Password
• Cookie and Usage Data, IP address.
Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.
The Personal Data may be freely provided by the User, or collected automatically when using InfluencerSoft .
Any use of Cookies – or of other tracking tools – by InfluencerSoft or by the owners of third party services used by InfluencerSoft , unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
Failure to provide certain Personal Data may make it impossible for InfluencerSoft to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through InfluencerSoft and confirm that they have the third party’s consent to provide the Data to the Owner.
The use of the Data processed by the Service
All Data processed via the analysis conducted by InfluencerSoft are used by InfluencerSoft only for the purpose of providing the service to the Users. Such Data will not be transferred or sold by InfluencerSoft to any third party, nor will it be used by the Owner for any purpose connected to InfluencerSoft ’s own business. The Owner reserves the right to aggregate the Data imported on the application by the different InfluencerSoft Users, for the purpose of creating anonymized aggregated metrics.
Securing your Data
In order to secure your data we have put in place technical and organisational measures which meet the requirements of the GDPR, and require any third-party service providers we use to do the same.
When we use third parties to provide the services, for example infrastructure service providers, these third parties are only engaged after a comprehensive review.
Your data is only ever saved on secure servers, which may only be accessed by a few authorised personnel.
Third-Party Service Providers in non-EEA Countries
In order to provide our services, we use third-party services located outside the European Economic Area. Where such transfer occurs, InfluencerSoft ensures that such transfer occurs under the necessary legal provisions as required by the applicable legislation in order to provide for an adequate level of protection of Your Personal Data (e.g. adequacy decision of the EU commission (e.g. EU-US Privacy Shield), binding corporate rules, or EU standard contractual clauses)
Use of Cookies
In addition to the previously listed data, cookies will be saved on your computer when you use our website. Cookies are small pieces of textual data which are saved on your hard disk by your web browser, through which InfluencerSoft , who sets the cookie’s contents, can collect certain information about you. Cookies cannot execute any code, nor transfer any viruses to your computer. We use them in order to anonymously or pseudonymously analyse the use of the website, and present relevant offers to you.
This website uses the following types of cookies, whose scope and functionality is detailed in the following paragraphs.
Transient cookies are automatically deleted when you close your browser. They are used particularly as session cookies. These save a so-called “session ID” which is used to link subsequent requests made by your browser to each other. Through this, your computer can be recognised when you return to our website. These session cookies are deleted, when you log out, or close your browser.
Persistent cookies are only deleted after a predetermined duration, which can be different for each cookie. You can delete these persistent cookies anytime, though the “Settings” configuration of your browser. We advise you, that if you do so, that not all functionality of this website will be available.
The placement of cookies on your computer can be prevented through the relevant settings of your internet browser. Previously set cookies can also be deleted through the settings of your browser. We advise you that preventing the placement of cookies on your computer can mean that not all functionality of our website are available without limitations.
Website Registration
The data subject can register on the website. For this to take place, it is required that the data subject enter their details in the “Start Your Free Trial” form. The data given by the data subject to register will solely be used for registration, and not passed to any third parties unless InfluencerSoft has a lawful ground to do so. In the course of registration on our website, your IP address, date and time of access will be recorded, in order to prevent any potential misuse. During, or after the registration, the data subject is free to alter their personal data. It is also possible for the data subject to completely cancel their registration, so that all personal data is deleted.
Third-party services
Zendesk
InfluencerSoft uses Zendesk. This is a customer service platform provided by Zendesk, Inc. and enables us to provide support to our customers and users by offering means to contact InfluencerSoft .
The responsible entity is:
Zendesk, Inc., 1019 Market Street, 6th Floor, San Francisco, California 94103 USA
If a user chooses to contact InfluencerSoft , either by emailing support [at] InfluencerSoft.com, or any other email address associated with our Zendesk account; or by submitting a ticket through the contact form on our website or the Zendesk Webwidget, the content that the user chooses to submit is transferred to Zendesk’s servers located in the United States, and saved there. The content and metadata of your messages are submitted by Zendesk to InfluencerSoft. Zendesk may give this information to further parties where legally required to do so, or these parties are contracted to by Zendesk.
You can find further information about Zendesk’s data processing and data protection at:
https://www.zendesk.com/company/customers-partners/privacy-policy
Intercom
InfluencerSoft uses Intercom to notify users of new features in our product. We also use Intercom to manage information about our customers and leads.
The responsible entity is:
Intercom R&D Unlimited Company,
2nd Floor, Stephen Court,
18-21 St. Stephen’s Green,
Dublin 2, Republic of Ireland
Personally identifiable information, including name, email address, phone number and location & country is submitted to Intercom’s servers and saved there when a user chooses to sign up to the InfluencerSoft Application, to sign up for an event hosted or sponsored by InfluencerSoft , or to subscribe to notifications about new product features and other information from InfluencerSoft .
The option to subscribe to notification is made possible through the use of JavaScript and cookies. Information obtained via the cookies and / or the JavaScript widget, including IP address, browser version, OS version, activity data, usage information, transaction information and plan details is transferred to Intercom’s servers and saved there.
Other information, including IP address, browser & OS version, and timestamps, is submitted to Intercom when a user loads resources embedded in, or a link contained an email sent through Intercom.
The analyses of your actions on our website and with the notifications sent through Intercom is transferred to us in the form of reports. Intercom may give any of your information to further parties where legally required to do so, or these parties are contracted to by Intercom.
You can find further information about Intercom’s data processing and data protection at:
https://www.intercom.com/terms-and-policies#privacy
InfluencerSoft has integrated Facebook into its website.
The responsible entity for Facebook is:
Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States.
When a data subject lives outside the United States or Canada, and Facebook undertakes data processing, the responsible entity is:
Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
If the user is logged into a Facebook account (even if it is not their own account) at the same time that they access they InfluencerSoft website, Facebook will additionally receive a notification that they have visited InfluencerSoft ’s website. Facebook collects this information, so the theoretical possibility exists that it could associate it with the Facebook account. The same also applies to the “Like” button, or to the usage of Facebook comment forms; Facebook could associate this information with the logged-in Facebook account.
To prevent this, you can log out of any Facebook accounts prior to visiting the InfluencerSoft website. To do this, you must visit the Facebook website.
For further information relating to data protection and Facebook, please see:
https://facebook.com/about/privacy
Google AdSense
InfluencerSoft uses Google AdSense, a service provided by Google Inc that enables us to advertise to previous visitors of our website and allows us to track the effectiveness of these ads.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The display of ads and measurement of their effectiveness is made possible through the use of cookies and clear gifs. Information obtained via these cookies and / or clear gifs is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google.
You may opt-out of targeted advertising through Google AdSense by visiting: https://www.google.com/ads/preferences
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
Google Analytics
Our website uses Google Analytics. This is a service of Google Inc (hereafter “Google”) which analyses website access, and enables us to improve our site.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The analysis of your use of our website is made possible through the use of cookies. Information obtained via these cookies is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google. The Google tracking on our website uses the “anonymizeIp()” function, which truncates the transmitted IP addresses so as to prevent the direct identification of any individual users.
You can stop the placement of Google Analytics cookies on your computer through the settings of your web browser. If you do so, we cannot guarantee that all the functions of our website will be fully available to you. You may also stop the placement of cookies through the use of browser extensions, such as:
https://tools.google.com/dlpage/gaoptout
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
And
https://www.google.com/analytics/terms
CloudFlare Inc.
CloudFlare is a monitoring service provided by CloudFlare Inc. that is used for monitoring service uptime and availability. Information that CloudFlare collect includes items such as IP addresses, DNS log data, and website performance data derived from browser activity. Place of processing: USA - Privacy Policy
Hetzner Online GmbH
InfluencerSoft uses Hetzner hosting to maintain the service databases.
The responsible entity is:
Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany
You can find further information about Hetzner Privacy Policy:
https://www.hetzner.com/rechtliches/datenschutz
Stripe
InfluencerSoft uses Stripe to process payments for some of our existing customers and provide billing information to these customers.
The responsible entity is:
Stripe, Inc
185 Berry Street,
Suite 550,
San Francisco, CA 94107
For those existing customers who are billed with Stripe, the following data is sent, and stored by Stripe:
Your name and email address
Details of your payment method (credit card number, expiry date, CVC)
Your IP address, and the time and date of your transaction
Your billing address
If you wish to avoid sending your data to Stripe, you can do so by not signing up for a paid InfluencerSoft plan. If you do so however, your ability to use InfluencerSoft ’s functions could be severely reduced.
You may find further information about Stripe’s data processing and data protection here:
https://stripe.com/us/privacy
Changes to this Privacy Policy
InfluencerSoft reserves the right to update this Privacy Policy from time to time without notice. Any changes are effective when we post the updated Policy on our website. We recommend that you regularly check back. We may provide you with notices about changes to this Privacy Policy if you are a registered user of the InfluencerSoft Application.
Contact
Should you have further questions, or wish to make contact with us, you can write us an email to support [at] InfluencerSoft.com. When you do so, the data required to answer your query will be automatically saved and processed. Your data will not be transferred to third parties unless InfluencerSoft has a lawful ground to do so.
Deletion of Personal Data
InfluencerSoft only keeps and processes personal data for so long as it is necessary. When the purpose of the data processing has been fulfilled, your personal data will be deleted in accordance with our data retention policy, unless we are legally required to retain it.
Right to Access, Change, or Delete Personal Data
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
Right to Access
Customers have the right to know what personal data about them is included in the databases and to ensure that such personal data is accurate and relevant for the purposes for which InfluencerSoft collected it. customers may review their own personal data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and InfluencerSoft policies. Upon reasonable request InfluencerSoft allows customers access to their personal data, in order to correct or amend such data where inaccurate. Customers may edit their personal data by logging into their account profile or by contacting InfluencerSoft by phone or email. In making modifications to their personal data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of personal data, customers should submit a written request to support [at] InfluencerSoft.com.
Requests for Personal Data
InfluencerSoft will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the personal data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If InfluencerSoft receives a request for access to his/her personal data from an customer, then, unless otherwise required under law or by contract with such customer, InfluencerSoft will refer such Data Subject to the customer.
Satisfying Requests for Access, Modifications, and Corrections
InfluencerSoft will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate personal data.
Questions, Complaints, Dispute Resolution
InfluencerSoft commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy policy should first contact InfluencerSoft at: support [at] InfluencerSoft.com. Additionally, you always have the right to make a complaint to the relevant authorities (https://ico.org.uk/) regarding our processing of your personal data.
How you can exercise your rights
Should you wish to exercise any of these rights, you will need to provide proof of identification that you are the person to whom the data relates. The data you will receive includes data we have related to you, the source of that data, the recipients, or types of recipients to whom the data was transferred, and the purposes for which the data was stored. To exercise these rights, please contact our support at support [at] InfluencerSoft.com
Our responsibilities as a Data Processor
As a technical services provider who stores the personal information of EU citizens on behalf of Data Controllers, we have certain responsibilities under GDPR which we comply with, including:
Managing Data Processing - InfluencerSoft has clear documentation on where our data comes from, how it is stored, and where it goes after we get it. InfluencerSoft will only process personal data on instructions from the controller, and inform the controller if it believes said instruction infringes on the GDPR (28.3)
Accountability and Governance - InfluencerSoft takes extraordinary steps to secure your data, ensure stability and uptime, manage data backup and disaster recovery, and regularly test security (32.1)
Authorized Use of Sub-Processors - InfluencerSoft uses subprocessors as a routine part of offering our service. It is our responsibility to ensure our subcontractors comply with GDPR, and we will comply with those rules. As a Data Controller, your agreement to our use of sub-processors is part of our legal Terms of Service and required to be an InfluencerSoft user. We maintain a list of sub-processors here for your review in our Privacy Policy (28.2)
Applicability
This privacy policy only applies to you if and to the extent InfluencerSoft and the services process your controlled data on your behalf. This privacy policy does not apply to you if:
(a) your covered data does not include any personal data; or
(b) data protection laws do not apply to your covered data.
You agree that InfluencerSoft is not responsible for personal data that you have elected to process through third-party services or outside of the services, including the systems of any other third-party cloud services, offline or on-premises storage.
Details of Data Processing
The subject matter of the data processing under this privacy policy is your controlled data. As between you and us, the duration of the data processing under this privacy policy is determined by you. The purpose of the data processing under this privacy policy is the provision of the services initiated by you from time to time. In connection with providing the services, we may process your controlled data for business purposes such as:
(a) maintaining and servicing your account(s);
(b) serving and rendering your websites to end users;
(c) enabling you to transact and communicate with your end users;
(d) providing analytics, auditing or verifying events related to your end users’ visits to your websites;
(e) ensuring the security and integrity of the services; and
(f) debugging, and improving the services.
Your controlled data relating to you, your end users or other data subjects whose personal data is included in covered data which is processed as part of the services in accordance with instructions given through the services.
Processing Roles and Activities
You are the controller and InfluencerSoft is the processor of your controlled data.
InfluencerSoft may also be an independent controller for some personal data relating to you or your end users. We decide how to use and process that personal data independently and use it for our own purposes. When we process personal data as a controller, you acknowledge and confirm that the agreement does not create a joint-controller relationship between you and us. If we provide you with personal data controlled by us, such as in any access to data regarding your end users’ interactions with your site, you receive that as an independent data controller and are responsible for compliance with data protection laws in that regard.
We will process your controlled data for the purpose of providing you with the services, as may be used, configured or modified through the services (the “purpose”). For example, depending on how you use the services, we may process your controlled data in order to:
(a) enable you to integrate content or features from a social media platform on your site; or
(b) email your end users on your behalf.
You will ensure that your instructions comply with all laws, regulations and rules applicable in relation to your controlled data (including data protection laws) and that your controlled data is collected lawfully by you or on your behalf and provided to us by you in accordance with such laws, rules and regulations. You will also ensure that the processing of your controlled data in accordance with your instructions will not cause or result in us or you breaching any laws, rules or regulations (including data protection laws). You are responsible for reviewing the information available from us relating to data security pursuant to the agreement and making an independent determination as to whether the services meet your requirements and legal obligations as well as your obligations under this privacy policy. InfluencerSoft will not access or use your controlled data except as provided in the agreement, as necessary to maintain or provide the services or as necessary to comply with the law or binding order of a governmental, law enforcement or regulatory body.
Our Processing Responsibilities
We will process your controlled data for the purpose and in accordance with the agreement or instructions you give us through the services. We will not “sell” or “share” (as such terms are defined under US Data Protection Laws) your controlled data. You agree that the agreement and the instructions given through the services are your complete and final documented instructions to us in relation to your controlled data. Additional instructions outside the scope of this privacy policy require prior written agreement between you and us, including agreement on any additional fees payable by you to us for carrying out such instructions. We will promptly inform you if, in our opinion, your instructions infringe data protection laws, or if we are unable to comply with your instructions. We will notify you when applicable laws prevent us from complying with your instructions, except if such disclosure is prohibited by applicable law on important grounds of public interest, such as a prohibition under law to preserve the confidentiality of a law enforcement investigation or request.
To the extent you and your controlled data are subject to the CCPA (such personal data, “CCPA data”), with respect to such CCPA data:
(a) InfluencerSoft acts as a “service provider” and you are a “business” (as such terms are defined under the CCPA); and
(b) InfluencerSoft and you shall comply with our and your respective obligations under the CCPA. InfluencerSoft will not use your controlled data outside of its direct business relationship with you, or for purposes other than the business purpose, unless otherwise permitted by the CCPA. Notwithstanding the foregoing, you agree that in accordance with the CCPA, InfluencerSoft may:
(i) use CCPA data internally to build and improve the quality of the services; or
(ii) combine personal data of the end users of you or other businesses for which InfluencerSoft is a service provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined personal data includes IP addresses, preferences, web pages visited prior to coming to your or another business’ website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how end users interact with your or another business’ website (such as timestamps, clicks, scrolling, browsing times and load times).
We will provide you notice without undue delay after becoming aware of and confirming the occurrence of a breach for which notification to you is required under data protection laws. We will, to assist you in complying with your notification obligations under data protection laws (including Articles 33 and 34 of the GDPR), provide you with such information about the breach as we are reasonably able to disclose to you, taking into account the nature of the services, the information available to us and any restrictions on disclosing the information such as for confidentiality. Our obligation to report or respond to a Breach under this policy is not and will not be construed as an acknowledgement by InfluencerSoft of any fault or liability of InfluencerSoft with respect to the breach. Despite the foregoing, InfluencerSoft’s obligations under this policy do not apply to incidents that are caused by you, any activity on your Account(s) and/or third party services.
We will provide you notice, if permitted by applicable law, upon receiving:
(a) an inquiry or complaint from an end user or other individual whose personal data is included in your controlled data; or
(b) a binding demand (such as a court order or subpoena) from a government, law enforcement, regulatory or other body in respect of your controlled data.
We will, to the extent that you cannot reasonably do so through the services or otherwise, provide reasonable assistance to you in respect of your fulfillment of your obligation as controller to respond to requests by data subjects under data protection laws (including Chapter 3 of the GDPR), taking into account the nature of the services and information available to us. To the extent required by data protection laws, you may ask us to assist you by verifying that we no longer retain or use any of your controlled data related to a data subject who has made a valid request to you to delete their personal data. You will be responsible for our reasonable costs arising from our provision of any such assistance.
We will maintain the security measures and the safeguards set out here. We may change or update the security measures or safeguards but will not do so in a way that adversely affects the security of your controlled data. We will take steps to ensure that any natural person acting under our authority who has access to your controlled data does not process it except on our instructions, unless such person is required to do so under applicable law, and that personnel authorized by us to process your controlled data have committed themselves to relevant confidentiality obligations or are under an appropriate statutory obligation of confidentiality.
You agree that we can share your controlled data with sub-processors in order to provide you the services. We will impose contractual obligations on our sub-processors, and contractually obligate our sub-processors to impose contractual obligations on any further sub-contractors which they engage to process your controlled data, which provide the same level of data protection for your controlled data in all material respects as the contractual obligations imposed in this privacy policy, to the extent applicable to the nature of the services provided by such sub-processor. A list of our current sub-processors is available upon request by sending an email to support@InfluencerSoft.com. Provided that your objection is reasonable and related to data protection concerns, you may object to any sub-processor by sending an email to support@influencersoft.com. If you object to any sub-processor and your objection is reasonable and related to data protection concerns, we will use commercially reasonable efforts to make available to you a means of avoiding the processing of your controlled data by the objected-to sub-processor. If we are unable to make available such suggested change within a reasonable period of time, we will notify you and if you still object to our use of such sub-processor, you may cancel or terminate the services or, if possible, the portions of the services that involve use of such sub-processor. Except as set forth in this policy, if you object to any sub-processors, you may not use or access the services. You consent to our use of sub-processors as described in this policy. Except as set forth in this policy or as you may otherwise authorize, we will not permit any sub-processor to access your controlled data. InfluencerSoft will remain responsible for its compliance with the obligations of this privacy policy and for any acts or omissions of any sub-processor or their further sub-contractors that process your controlled data and cause InfluencerSoft to breach any of InfluencerSoft’s obligations under this privacy policy, solely to the extent that InfluencerSoft would be liable under the agreement if the act or omission was InfluencerSoft’s own.
InfluencerSoft may (where required by data protection laws) use external or internal auditors to verify the adequacy of our Security Measures or as otherwise required by Data Protection Laws.
You agree to exercise any right you may have to conduct an audit or inspection by instructing InfluencerSoft to carry out the audit described herein. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such report or outcome from such audit with you and that we may redact any such reports as we consider appropriate. If InfluencerSoft does not follow such instruction or if it is legally mandatory for you to demonstrate compliance with data protection laws by means other than reviewing a report from such an audit, you may only request a change in the following way:
a. First, submit a request for additional information in writing to InfluencerSoft, specifying all details required to enable InfluencerSoft to review this request effectively, including without limitation the information being requested, what form you need to obtain it in and the underlying legal requirement for the request (the “request”). You agree that the request will be limited to information regarding our security measures or as otherwise required by data protection laws.
b. Within a reasonable time after we have received and reviewed the request, you and we will discuss and work in good faith towards agreeing on a plan to determine the details of how the request can be addressed. You and we agree to use the least intrusive means for InfluencerSoft to address the request, taking into account applicable legal requirements, information available to or that may be provided to you, the urgency of the matter and the need for InfluencerSoft to maintain uninterrupted business operations and the security of its facilities and protect itself and its customers from risk and to prevent disclosure of information that could jeopardize the confidentiality of InfluencerSoft or our users’ information.
You will pay our costs in considering and addressing any request. Any information and documentation provided by InfluencerSoft or its auditors pursuant to this policy will be provided at your cost. If we decline to follow any instruction requested by you regarding audits or inspections, you may cancel any affected paid services.
Upon your reasonable requests to us for information regarding our compliance with the obligations set forth in this privacy policy, we shall, where such information is not otherwise available to you, provide you with written responses, provided that you agree not to exercise this right more than one (1) time per calendar year (unless it is necessary for you to do so to comply with data protection laws). The information to be made available by InfluencerSoft under this policy is limited to solely that information necessary, taking into account the nature of the services and the information available to InfluencerSoft, to assist you in complying with your obligations under applicable data protection laws in respect of data protection impact assessments and prior consultation. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such information with you.
You can delete or access a copy of some of your controlled data through the services. For any of your controlled data which may not be deleted or accessed through the services, upon your written request, we will, with respect to any of your controlled data in our or our sub-processor’s possession that we can associate with a data subject, subject to the limitations described in the agreement and unless prohibited by applicable law or the order of a governmental, law enforcement or regulatory body:
(a) return such data and copies of such data to you provided that you make such request within no more than ninety (90) days after the cancellation of the applicable paid services; or
(b) delete, and request that our sub-processors delete, such data (excluding in the case of (a) or (b) any of such data which we maintain in order to comply with applicable law or as otherwise set forth in the agreement). Otherwise, we will delete your controlled data in accordance with our data retention policy.
Data Transfers
This section of the policy only applies to you to the extent your controlled data includes personal data of data subjects located within the EEA, United Kingdom or Switzerland.
Taking into account, in particular, the security measures and safeguards provided for in this privacy policy and the specific circumstances, you authorize InfluencerSoft to transfer your controlled data away from the country in which such data was originally collected to other countries globally in which InfluencerSoft or any sub-processors operate, including in particular, to the US.
Unless such transfer is otherwise permitted under European data protection laws, transfers to a sub-processor in any country not recognized under European data protection laws as providing an adequate level of protection for your controlled data shall proceed pursuant to
(a) the processor to processor (module 3) standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR and approved by the European Commission decision 2021/914, dated 4 June 2021 (and with respect to the UK, the international data transfer addendum to the European Commission’s standard contractual clauses approved by the Information Commissioner’s Office, effective March 21, 2022); or
(b) such other standard contractual clauses for the transfer of personal data to third countries that are recognized under the applicable European data protection laws in the EEA, UK or Switzerland. In order to facilitate an efficient and coordinated service, all communication with InfluencerSoft and any sub-processor (including InfluencerSoft, Inc.) in connection with such standard contractual clauses will, to the extent possible, be coordinated and directed through InfluencerSoft.
Liability
The liability of each party under this privacy policy is subject to the exclusions and limitations of liability set out in the agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by InfluencerSoft. in relation to your controlled data that arise as a result of, or in connection with, your failure to comply with your obligations under the agreement, this privacy policy or data protection laws shall reduce as applicable, InfluencerSoft's maximum aggregate liability to you in the same amount as such regulatory penalties, claims and/or liability incurred by us as a result.
Miscellaneous
You are responsible for any costs and expenses arising from InfluencerSoft's compliance with your instructions or requests pursuant to the agreement (including this privacy policy) which fall outside the standard functionality made available generally through the Services.
Modifications to this Privacy Policy
We may modify this privacy policy from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we may notify you in accordance with the procedures set forth in our Terms of Service. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified privacy policy. If you disagree with our changes, then you must stop using the applicable services and cancel the applicable paid services.
GDPR best practices for InfluencerSoft
While we can’t offer legal advice, here are some best practices that will help you get started with your GDPR compliance.
Personal data audit
Review your website, your scheduler, and other InfluencerSoft products and look for areas where you collect personal data, bearing in mind the modified the GDPR definition of “personal data.”
Some questions to consider:
• Do you collect personal data via products using third-party services? (e.g., Google Analytics, a form block connected to Mailchimp and Google Drive). You should read the privacy policies of those services.
• Do you download or export data from your products into another system?
• Do you combine the personal data you collect with other sources of data?
• Are you gathering information you don’t need?
Create (or update) your privacy policy
After you’ve identified your data collection activities, the GDPR requires that you provide specific information to individuals whose personal data you're collecting and processing. Posting a privacy policy gives visitors more clarity about your use of their information. Consider making a privacy policy page on your site or scheduler that documents:
• What information you collect
• Why you collect that information
• Who you share that information with
• How long you'll store that information
• If you intended to transfer such information outside of the European Economic Area.
• Any other information required under the GDPR
Posting a privacy policy gives visitors more clarity about your use of their information.
Where can I get more information about the GDPR?
Regulators within the EU and UK provide specific guidance on the GDPR and Cookies. You can view their documentation here:
• The European Data Protection Board (EDPB)
• Official EU GDPR website
• Bundesministerium des Innern (Germany)
• Commission Nationale de l’Informatique et des Libertés (France)
• Data Protection Commission (Ireland)
• Information Commissioner’s Office (UK)
• Agencia Española de Protección de Datos (Spain)
• Full text of the GDPR
Updated: June 2022
Privacy Policy
All collection, processing, and use (hereafter “usage”) of data by InfluencerSoft is exclusively for the purposes of providing the InfluencerSoft services (hereafter “services”). The services have been designed with the goal of collecting as little personal data as possible to function. By “personal data”, we mean all particulars related to an identified or identifiable natural person (the “data subject”).
The following statements describe which types of data we collect when you use our services, what happens with this data, and how you can object to this data processing, where applicable.
Data Controller and Owner
For the purposes of the EU General Data Protection Regulation (GDPR) (EU) 2016/679, the responsible entity is:
InfluencerSoft LLC (DBA - InfluencerSoft); +1(844)331-0950, support@influencersoft.com
7486 La Jolla Blvd. #507
La Jolla, CA 92037
United States
Definitions
“Our Website(s)” and “InfluencerSoft Websites” refers to any website owned and/or operated by InfluencerSoft LLC (as listed above), especially InfluencerSoft.com
User is the individual using software InfluencerSoft, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
What Data we Collect
When you visit our website, our server temporarily saves details of your access in its logs. These logs contain the following data, and are kept until their automatic deletion:
The IP address of the computer making the request
The date and time of your request
The requested URI
The amount of data transferred to you in response
Whether the request was successfully processed or not
Identifying data about the browser and operating system you use
The referring website from which you made the request
The name of your Internet Service Provider
The purpose of recording this data is to make it possible to serve the website to you (by establishing a TCP/IP connection), to secure our servers, the technical administration of our infrastructure as well as the optimisation of our services. Only in the case of unauthorised access or attacks on our infrastructure will your IP address be analysed.
No further information is required from you in order to access our website.
Among the types of Personal Data that InfluencerSoft collects from User, by itself or through third parties, there are:
• First Name & Last Name
• Phone number
• Email
• Address, State, Province, ZIP/Postal code, City
• Password
• Cookie and Usage Data, IP address.
Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.
The Personal Data may be freely provided by the User, or collected automatically when using InfluencerSoft .
Any use of Cookies – or of other tracking tools – by InfluencerSoft or by the owners of third party services used by InfluencerSoft , unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
Failure to provide certain Personal Data may make it impossible for InfluencerSoft to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through InfluencerSoft and confirm that they have the third party’s consent to provide the Data to the Owner.
The use of the Data processed by the Service
All Data processed via the analysis conducted by InfluencerSoft are used by InfluencerSoft only for the purpose of providing the service to the Users. Such Data will not be transferred or sold by InfluencerSoft to any third party, nor will it be used by the Owner for any purpose connected to InfluencerSoft ’s own business. The Owner reserves the right to aggregate the Data imported on the application by the different InfluencerSoft Users, for the purpose of creating anonymized aggregated metrics.
Securing your Data
In order to secure your data we have put in place technical and organisational measures which meet the requirements of the GDPR, and require any third-party service providers we use to do the same.
When we use third parties to provide the services, for example infrastructure service providers, these third parties are only engaged after a comprehensive review.
Your data is only ever saved on secure servers, which may only be accessed by a few authorised personnel.
Third-Party Service Providers in non-EEA Countries
In order to provide our services, we use third-party services located outside the European Economic Area. Where such transfer occurs, InfluencerSoft ensures that such transfer occurs under the necessary legal provisions as required by the applicable legislation in order to provide for an adequate level of protection of Your Personal Data (e.g. adequacy decision of the EU commission (e.g. EU-US Privacy Shield), binding corporate rules, or EU standard contractual clauses)
Use of Cookies
In addition to the previously listed data, cookies will be saved on your computer when you use our website. Cookies are small pieces of textual data which are saved on your hard disk by your web browser, through which InfluencerSoft , who sets the cookie’s contents, can collect certain information about you. Cookies cannot execute any code, nor transfer any viruses to your computer. We use them in order to anonymously or pseudonymously analyse the use of the website, and present relevant offers to you.
This website uses the following types of cookies, whose scope and functionality is detailed in the following paragraphs.
Transient cookies are automatically deleted when you close your browser. They are used particularly as session cookies. These save a so-called “session ID” which is used to link subsequent requests made by your browser to each other. Through this, your computer can be recognised when you return to our website. These session cookies are deleted, when you log out, or close your browser.
Persistent cookies are only deleted after a predetermined duration, which can be different for each cookie. You can delete these persistent cookies anytime, though the “Settings” configuration of your browser. We advise you, that if you do so, that not all functionality of this website will be available.
The placement of cookies on your computer can be prevented through the relevant settings of your internet browser. Previously set cookies can also be deleted through the settings of your browser. We advise you that preventing the placement of cookies on your computer can mean that not all functionality of our website are available without limitations.
Website Registration
The data subject can register on the website. For this to take place, it is required that the data subject enter their details in the “Start Your Free Trial” form. The data given by the data subject to register will solely be used for registration, and not passed to any third parties unless InfluencerSoft has a lawful ground to do so. In the course of registration on our website, your IP address, date and time of access will be recorded, in order to prevent any potential misuse. During, or after the registration, the data subject is free to alter their personal data. It is also possible for the data subject to completely cancel their registration, so that all personal data is deleted.
Third-party services
Zendesk
InfluencerSoft uses Zendesk. This is a customer service platform provided by Zendesk, Inc. and enables us to provide support to our customers and users by offering means to contact InfluencerSoft .
The responsible entity is:
Zendesk, Inc., 1019 Market Street, 6th Floor, San Francisco, California 94103 USA
If a user chooses to contact InfluencerSoft , either by emailing support [at] InfluencerSoft.com, or any other email address associated with our Zendesk account; or by submitting a ticket through the contact form on our website or the Zendesk Webwidget, the content that the user chooses to submit is transferred to Zendesk’s servers located in the United States, and saved there. The content and metadata of your messages are submitted by Zendesk to InfluencerSoft. Zendesk may give this information to further parties where legally required to do so, or these parties are contracted to by Zendesk.
You can find further information about Zendesk’s data processing and data protection at:
https://www.zendesk.com/company/customers-partners/privacy-policy
Intercom
InfluencerSoft uses Intercom to notify users of new features in our product. We also use Intercom to manage information about our customers and leads.
The responsible entity is:
Intercom R&D Unlimited Company,
2nd Floor, Stephen Court,
18-21 St. Stephen’s Green,
Dublin 2, Republic of Ireland
Personally identifiable information, including name, email address, phone number and location & country is submitted to Intercom’s servers and saved there when a user chooses to sign up to the InfluencerSoft Application, to sign up for an event hosted or sponsored by InfluencerSoft , or to subscribe to notifications about new product features and other information from InfluencerSoft .
The option to subscribe to notification is made possible through the use of JavaScript and cookies. Information obtained via the cookies and / or the JavaScript widget, including IP address, browser version, OS version, activity data, usage information, transaction information and plan details is transferred to Intercom’s servers and saved there.
Other information, including IP address, browser & OS version, and timestamps, is submitted to Intercom when a user loads resources embedded in, or a link contained an email sent through Intercom.
The analyses of your actions on our website and with the notifications sent through Intercom is transferred to us in the form of reports. Intercom may give any of your information to further parties where legally required to do so, or these parties are contracted to by Intercom.
You can find further information about Intercom’s data processing and data protection at:
https://www.intercom.com/terms-and-policies#privacy
Facebook
InfluencerSoft has integrated Facebook into its website.
The responsible entity for Facebook is:
Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States.
When a data subject lives outside the United States or Canada, and Facebook undertakes data processing, the responsible entity is:
Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
If the user is logged into a Facebook account (even if it is not their own account) at the same time that they access they InfluencerSoft website, Facebook will additionally receive a notification that they have visited InfluencerSoft ’s website. Facebook collects this information, so the theoretical possibility exists that it could associate it with the Facebook account. The same also applies to the “Like” button, or to the usage of Facebook comment forms; Facebook could associate this information with the logged-in Facebook account.
To prevent this, you can log out of any Facebook accounts prior to visiting the InfluencerSoft website. To do this, you must visit the Facebook website.
For further information relating to data protection and Facebook, please see:
https://facebook.com/about/privacy
Google AdSense
InfluencerSoft uses Google AdSense, a service provided by Google Inc that enables us to advertise to previous visitors of our website and allows us to track the effectiveness of these ads.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The display of ads and measurement of their effectiveness is made possible through the use of cookies and clear gifs. Information obtained via these cookies and / or clear gifs is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google.
You may opt-out of targeted advertising through Google AdSense by visiting: https://www.google.com/ads/preferences
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
Google Analytics
Our website uses Google Analytics. This is a service of Google Inc (hereafter “Google”) which analyses website access, and enables us to improve our site.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The analysis of your use of our website is made possible through the use of cookies. Information obtained via these cookies is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google. The Google tracking on our website uses the “anonymizeIp()” function, which truncates the transmitted IP addresses so as to prevent the direct identification of any individual users.
You can stop the placement of Google Analytics cookies on your computer through the settings of your web browser. If you do so, we cannot guarantee that all the functions of our website will be fully available to you. You may also stop the placement of cookies through the use of browser extensions, such as:
https://tools.google.com/dlpage/gaoptout
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
And
https://www.google.com/analytics/terms
CloudFlare Inc.
CloudFlare is a monitoring service provided by CloudFlare Inc. that is used for monitoring service uptime and availability. Information that CloudFlare collect includes items such as IP addresses, DNS log data, and website performance data derived from browser activity. Place of processing: USA - Privacy Policy
Hetzner Online GmbH
InfluencerSoft uses Hetzner hosting to maintain the service databases.
The responsible entity is:
Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany
You can find further information about Hetzner Privacy Policy:
https://www.hetzner.com/rechtliches/datenschutz
Stripe
InfluencerSoft uses Stripe to process payments for some of our existing customers and provide billing information to these customers.
The responsible entity is:
Stripe, Inc
185 Berry Street,
Suite 550,
San Francisco, CA 94107
For those existing customers who are billed with Stripe, the following data is sent, and stored by Stripe:
Your name and email address
Details of your payment method (credit card number, expiry date, CVC)
Your IP address, and the time and date of your transaction
Your billing address
If you wish to avoid sending your data to Stripe, you can do so by not signing up for a paid InfluencerSoft plan. If you do so however, your ability to use InfluencerSoft ’s functions could be severely reduced.
You may find further information about Stripe’s data processing and data protection here:
https://stripe.com/us/privacy
Changes to this Privacy Policy
InfluencerSoft reserves the right to update this Privacy Policy from time to time without notice. Any changes are effective when we post the updated Policy on our website. We recommend that you regularly check back. We may provide you with notices about changes to this Privacy Policy if you are a registered user of the InfluencerSoft Application.
Contact
Should you have further questions, or wish to make contact with us, you can write us an email to support [at] InfluencerSoft.com. When you do so, the data required to answer your query will be automatically saved and processed. Your data will not be transferred to third parties unless InfluencerSoft has a lawful ground to do so.
Deletion of Personal Data
InfluencerSoft only keeps and processes personal data for so long as it is necessary. When the purpose of the data processing has been fulfilled, your personal data will be deleted in accordance with our data retention policy, unless we are legally required to retain it.
Right to Access, Change, or Delete Personal Data
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
Right to Access
Customers have the right to know what personal data about them is included in the databases and to ensure that such personal data is accurate and relevant for the purposes for which InfluencerSoft collected it. customers may review their own personal data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and InfluencerSoft policies. Upon reasonable request InfluencerSoft allows customers access to their personal data, in order to correct or amend such data where inaccurate. Customers may edit their personal data by logging into their account profile or by contacting InfluencerSoft by phone or email. In making modifications to their personal data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of personal data, customers should submit a written request to support [at] InfluencerSoft.com.
Requests for Personal Data
InfluencerSoft will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the personal data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If InfluencerSoft receives a request for access to his/her personal data from an customer, then, unless otherwise required under law or by contract with such customer, InfluencerSoft will refer such Data Subject to the customer.
Satisfying Requests for Access, Modifications, and Corrections
InfluencerSoft will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate personal data.
Questions, Complaints, Dispute Resolution
InfluencerSoft commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy policy should first contact InfluencerSoft at: support [at] InfluencerSoft.com. Additionally, you always have the right to make a complaint to the relevant authorities (https://ico.org.uk/) regarding our processing of your personal data.
How you can exercise your rights
Should you wish to exercise any of these rights, you will need to provide proof of identification that you are the person to whom the data relates. The data you will receive includes data we have related to you, the source of that data, the recipients, or types of recipients to whom the data was transferred, and the purposes for which the data was stored. To exercise these rights, please contact our support at support [at] InfluencerSoft.com
Our responsibilities as a Data Processor
As a technical services provider who stores the personal information of EU citizens on behalf of Data Controllers, we have certain responsibilities under GDPR which we comply with, including:
Managing Data Processing - InfluencerSoft has clear documentation on where our data comes from, how it is stored, and where it goes after we get it. InfluencerSoft will only process personal data on instructions from the controller, and inform the controller if it believes said instruction infringes on the GDPR (28.3)
Accountability and Governance - InfluencerSoft takes extraordinary steps to secure your data, ensure stability and uptime, manage data backup and disaster recovery, and regularly test security (32.1)
Authorized Use of Sub-Processors - InfluencerSoft uses subprocessors as a routine part of offering our service. It is our responsibility to ensure our subcontractors comply with GDPR, and we will comply with those rules. As a Data Controller, your agreement to our use of sub-processors is part of our legal Terms of Service and required to be an InfluencerSoft user. We maintain a list of sub-processors here for your review in our Privacy Policy (28.2)
Applicability
This privacy policy only applies to you if and to the extent InfluencerSoft and the services process your controlled data on your behalf. This privacy policy does not apply to you if:
(a) your covered data does not include any personal data; or
(b) data protection laws do not apply to your covered data.
You agree that InfluencerSoft is not responsible for personal data that you have elected to process through third-party services or outside of the services, including the systems of any other third-party cloud services, offline or on-premises storage.
Details of Data Processing
The subject matter of the data processing under this privacy policy is your controlled data. As between you and us, the duration of the data processing under this privacy policy is determined by you. The purpose of the data processing under this privacy policy is the provision of the services initiated by you from time to time. In connection with providing the services, we may process your controlled data for business purposes such as:
(a) maintaining and servicing your account(s);
(b) serving and rendering your websites to end users;
(c) enabling you to transact and communicate with your end users;
(d) providing analytics, auditing or verifying events related to your end users’ visits to your websites;
(e) ensuring the security and integrity of the services; and
(f) debugging, and improving the services.
Your controlled data relating to you, your end users or other data subjects whose personal data is included in covered data which is processed as part of the services in accordance with instructions given through the services.
Processing Roles and Activities
You are the controller and InfluencerSoft is the processor of your controlled data.
InfluencerSoft may also be an independent controller for some personal data relating to you or your end users. We decide how to use and process that personal data independently and use it for our own purposes. When we process personal data as a controller, you acknowledge and confirm that the agreement does not create a joint-controller relationship between you and us. If we provide you with personal data controlled by us, such as in any access to data regarding your end users’ interactions with your site, you receive that as an independent data controller and are responsible for compliance with data protection laws in that regard.
We will process your controlled data for the purpose of providing you with the services, as may be used, configured or modified through the services (the “purpose”). For example, depending on how you use the services, we may process your controlled data in order to:
(a) enable you to integrate content or features from a social media platform on your site; or
(b) email your end users on your behalf.
You will ensure that your instructions comply with all laws, regulations and rules applicable in relation to your controlled data (including data protection laws) and that your controlled data is collected lawfully by you or on your behalf and provided to us by you in accordance with such laws, rules and regulations. You will also ensure that the processing of your controlled data in accordance with your instructions will not cause or result in us or you breaching any laws, rules or regulations (including data protection laws). You are responsible for reviewing the information available from us relating to data security pursuant to the agreement and making an independent determination as to whether the services meet your requirements and legal obligations as well as your obligations under this privacy policy. InfluencerSoft will not access or use your controlled data except as provided in the agreement, as necessary to maintain or provide the services or as necessary to comply with the law or binding order of a governmental, law enforcement or regulatory body.
Our Processing Responsibilities
We will process your controlled data for the purpose and in accordance with the agreement or instructions you give us through the services. We will not “sell” or “share” (as such terms are defined under US Data Protection Laws) your controlled data. You agree that the agreement and the instructions given through the services are your complete and final documented instructions to us in relation to your controlled data. Additional instructions outside the scope of this privacy policy require prior written agreement between you and us, including agreement on any additional fees payable by you to us for carrying out such instructions. We will promptly inform you if, in our opinion, your instructions infringe data protection laws, or if we are unable to comply with your instructions. We will notify you when applicable laws prevent us from complying with your instructions, except if such disclosure is prohibited by applicable law on important grounds of public interest, such as a prohibition under law to preserve the confidentiality of a law enforcement investigation or request.
To the extent you and your controlled data are subject to the CCPA (such personal data, “CCPA data”), with respect to such CCPA data:
(a) InfluencerSoft acts as a “service provider” and you are a “business” (as such terms are defined under the CCPA); and
(b) InfluencerSoft and you shall comply with our and your respective obligations under the CCPA. InfluencerSoft will not use your controlled data outside of its direct business relationship with you, or for purposes other than the business purpose, unless otherwise permitted by the CCPA. Notwithstanding the foregoing, you agree that in accordance with the CCPA, InfluencerSoft may:
(i) use CCPA data internally to build and improve the quality of the services; or
(ii) combine personal data of the end users of you or other businesses for which InfluencerSoft is a service provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined personal data includes IP addresses, preferences, web pages visited prior to coming to your or another business’ website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how end users interact with your or another business’ website (such as timestamps, clicks, scrolling, browsing times and load times).
We will provide you notice without undue delay after becoming aware of and confirming the occurrence of a breach for which notification to you is required under data protection laws. We will, to assist you in complying with your notification obligations under data protection laws (including Articles 33 and 34 of the GDPR), provide you with such information about the breach as we are reasonably able to disclose to you, taking into account the nature of the services, the information available to us and any restrictions on disclosing the information such as for confidentiality. Our obligation to report or respond to a Breach under this policy is not and will not be construed as an acknowledgement by InfluencerSoft of any fault or liability of InfluencerSoft with respect to the breach. Despite the foregoing, InfluencerSoft’s obligations under this policy do not apply to incidents that are caused by you, any activity on your Account(s) and/or third party services.
We will provide you notice, if permitted by applicable law, upon receiving:
(a) an inquiry or complaint from an end user or other individual whose personal data is included in your controlled data; or
(b) a binding demand (such as a court order or subpoena) from a government, law enforcement, regulatory or other body in respect of your controlled data.
We will, to the extent that you cannot reasonably do so through the services or otherwise, provide reasonable assistance to you in respect of your fulfillment of your obligation as controller to respond to requests by data subjects under data protection laws (including Chapter 3 of the GDPR), taking into account the nature of the services and information available to us. To the extent required by data protection laws, you may ask us to assist you by verifying that we no longer retain or use any of your controlled data related to a data subject who has made a valid request to you to delete their personal data. You will be responsible for our reasonable costs arising from our provision of any such assistance.
We will maintain the security measures and the safeguards set out here. We may change or update the security measures or safeguards but will not do so in a way that adversely affects the security of your controlled data. We will take steps to ensure that any natural person acting under our authority who has access to your controlled data does not process it except on our instructions, unless such person is required to do so under applicable law, and that personnel authorized by us to process your controlled data have committed themselves to relevant confidentiality obligations or are under an appropriate statutory obligation of confidentiality.
You agree that we can share your controlled data with sub-processors in order to provide you the services. We will impose contractual obligations on our sub-processors, and contractually obligate our sub-processors to impose contractual obligations on any further sub-contractors which they engage to process your controlled data, which provide the same level of data protection for your controlled data in all material respects as the contractual obligations imposed in this privacy policy, to the extent applicable to the nature of the services provided by such sub-processor. A list of our current sub-processors is available upon request by sending an email to support@InfluencerSoft.com. Provided that your objection is reasonable and related to data protection concerns, you may object to any sub-processor by sending an email to support@influencersoft.com. If you object to any sub-processor and your objection is reasonable and related to data protection concerns, we will use commercially reasonable efforts to make available to you a means of avoiding the processing of your controlled data by the objected-to sub-processor. If we are unable to make available such suggested change within a reasonable period of time, we will notify you and if you still object to our use of such sub-processor, you may cancel or terminate the services or, if possible, the portions of the services that involve use of such sub-processor. Except as set forth in this policy, if you object to any sub-processors, you may not use or access the services. You consent to our use of sub-processors as described in this policy. Except as set forth in this policy or as you may otherwise authorize, we will not permit any sub-processor to access your controlled data. InfluencerSoft will remain responsible for its compliance with the obligations of this privacy policy and for any acts or omissions of any sub-processor or their further sub-contractors that process your controlled data and cause InfluencerSoft to breach any of InfluencerSoft’s obligations under this privacy policy, solely to the extent that InfluencerSoft would be liable under the agreement if the act or omission was InfluencerSoft’s own.
InfluencerSoft may (where required by data protection laws) use external or internal auditors to verify the adequacy of our Security Measures or as otherwise required by Data Protection Laws.
You agree to exercise any right you may have to conduct an audit or inspection by instructing InfluencerSoft to carry out the audit described herein. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such report or outcome from such audit with you and that we may redact any such reports as we consider appropriate. If InfluencerSoft does not follow such instruction or if it is legally mandatory for you to demonstrate compliance with data protection laws by means other than reviewing a report from such an audit, you may only request a change in the following way:
a. First, submit a request for additional information in writing to InfluencerSoft, specifying all details required to enable InfluencerSoft to review this request effectively, including without limitation the information being requested, what form you need to obtain it in and the underlying legal requirement for the request (the “request”). You agree that the request will be limited to information regarding our security measures or as otherwise required by data protection laws.
b. Within a reasonable time after we have received and reviewed the request, you and we will discuss and work in good faith towards agreeing on a plan to determine the details of how the request can be addressed. You and we agree to use the least intrusive means for InfluencerSoft to address the request, taking into account applicable legal requirements, information available to or that may be provided to you, the urgency of the matter and the need for InfluencerSoft to maintain uninterrupted business operations and the security of its facilities and protect itself and its customers from risk and to prevent disclosure of information that could jeopardize the confidentiality of InfluencerSoft or our users’ information.
You will pay our costs in considering and addressing any request. Any information and documentation provided by InfluencerSoft or its auditors pursuant to this policy will be provided at your cost. If we decline to follow any instruction requested by you regarding audits or inspections, you may cancel any affected paid services.
Upon your reasonable requests to us for information regarding our compliance with the obligations set forth in this privacy policy, we shall, where such information is not otherwise available to you, provide you with written responses, provided that you agree not to exercise this right more than one (1) time per calendar year (unless it is necessary for you to do so to comply with data protection laws). The information to be made available by InfluencerSoft under this policy is limited to solely that information necessary, taking into account the nature of the services and the information available to InfluencerSoft, to assist you in complying with your obligations under applicable data protection laws in respect of data protection impact assessments and prior consultation. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such information with you.
You can delete or access a copy of some of your controlled data through the services. For any of your controlled data which may not be deleted or accessed through the services, upon your written request, we will, with respect to any of your controlled data in our or our sub-processor’s possession that we can associate with a data subject, subject to the limitations described in the agreement and unless prohibited by applicable law or the order of a governmental, law enforcement or regulatory body:
(a) return such data and copies of such data to you provided that you make such request within no more than ninety (90) days after the cancellation of the applicable paid services; or
(b) delete, and request that our sub-processors delete, such data (excluding in the case of (a) or (b) any of such data which we maintain in order to comply with applicable law or as otherwise set forth in the agreement). Otherwise, we will delete your controlled data in accordance with our data retention policy.
Data Transfers
This section of the policy only applies to you to the extent your controlled data includes personal data of data subjects located within the EEA, United Kingdom or Switzerland.
Taking into account, in particular, the security measures and safeguards provided for in this privacy policy and the specific circumstances, you authorize InfluencerSoft to transfer your controlled data away from the country in which such data was originally collected to other countries globally in which InfluencerSoft or any sub-processors operate, including in particular, to the US.
Unless such transfer is otherwise permitted under European data protection laws, transfers to a sub-processor in any country not recognized under European data protection laws as providing an adequate level of protection for your controlled data shall proceed pursuant to
(a) the processor to processor (module 3) standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR and approved by the European Commission decision 2021/914, dated 4 June 2021 (and with respect to the UK, the international data transfer addendum to the European Commission’s standard contractual clauses approved by the Information Commissioner’s Office, effective March 21, 2022); or
(b) such other standard contractual clauses for the transfer of personal data to third countries that are recognized under the applicable European data protection laws in the EEA, UK or Switzerland. In order to facilitate an efficient and coordinated service, all communication with InfluencerSoft and any sub-processor (including InfluencerSoft, Inc.) in connection with such standard contractual clauses will, to the extent possible, be coordinated and directed through InfluencerSoft.
Liability
The liability of each party under this privacy policy is subject to the exclusions and limitations of liability set out in the agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by InfluencerSoft. in relation to your controlled data that arise as a result of, or in connection with, your failure to comply with your obligations under the agreement, this privacy policy or data protection laws shall reduce as applicable, InfluencerSoft's maximum aggregate liability to you in the same amount as such regulatory penalties, claims and/or liability incurred by us as a result.
Miscellaneous
You are responsible for any costs and expenses arising from InfluencerSoft's compliance with your instructions or requests pursuant to the agreement (including this privacy policy) which fall outside the standard functionality made available generally through the Services.
Modifications to this Privacy Policy
We may modify this privacy policy from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we may notify you in accordance with the procedures set forth in our Terms of Service. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified privacy policy. If you disagree with our changes, then you must stop using the applicable services and cancel the applicable paid services.
GDPR best practices for InfluencerSoft
While we can’t offer legal advice, here are some best practices that will help you get started with your GDPR compliance.
Personal data audit
Review your website, your scheduler, and other InfluencerSoft products and look for areas where you collect personal data, bearing in mind the modified the GDPR definition of “personal data.”
Some questions to consider:
• Do you collect personal data via products using third-party services? (e.g., Google Analytics, a form block connected to Mailchimp and Google Drive). You should read the privacy policies of those services.
• Do you download or export data from your products into another system?
• Do you combine the personal data you collect with other sources of data?
• Are you gathering information you don’t need?
Create (or update) your privacy policy
After you’ve identified your data collection activities, the GDPR requires that you provide specific information to individuals whose personal data you're collecting and processing. Posting a privacy policy gives visitors more clarity about your use of their information. Consider making a privacy policy page on your site or scheduler that documents:
• What information you collect
• Why you collect that information
• Who you share that information with
• How long you'll store that information
• If you intended to transfer such information outside of the European Economic Area.
• Any other information required under the GDPR
Posting a privacy policy gives visitors more clarity about your use of their information.
Where can I get more information about the GDPR?
Regulators within the EU and UK provide specific guidance on the GDPR and Cookies. You can view their documentation here:
• The European Data Protection Board (EDPB)
• Official EU GDPR website
• Bundesministerium des Innern (Germany)
• Commission Nationale de l’Informatique et des Libertés (France)
• Data Protection Commission (Ireland)
• Information Commissioner’s Office (UK)
• Agencia Española de Protección de Datos (Spain)
• Full text of the GDPR
Updated: June 2022
All collection, processing, and use (hereafter “usage”) of data by InfluencerSoft is exclusively for the purposes of providing the InfluencerSoft services (hereafter “services”). The services have been designed with the goal of collecting as little personal data as possible to function. By “personal data”, we mean all particulars related to an identified or identifiable natural person (the “data subject”).
The following statements describe which types of data we collect when you use our services, what happens with this data, and how you can object to this data processing, where applicable.
Data Controller and Owner
For the purposes of the EU General Data Protection Regulation (GDPR) (EU) 2016/679, the responsible entity is:
InfluencerSoft LLC (DBA - InfluencerSoft); +1(844)331-0950, support@influencersoft.com
7486 La Jolla Blvd. #507
La Jolla, CA 92037
United States
Definitions
“Our Website(s)” and “InfluencerSoft Websites” refers to any website owned and/or operated by InfluencerSoft LLC (as listed above), especially InfluencerSoft.com
User is the individual using software InfluencerSoft, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
What Data we Collect
When you visit our website, our server temporarily saves details of your access in its logs. These logs contain the following data, and are kept until their automatic deletion:
The IP address of the computer making the request
The date and time of your request
The requested URI
The amount of data transferred to you in response
Whether the request was successfully processed or not
Identifying data about the browser and operating system you use
The referring website from which you made the request
The name of your Internet Service Provider
The purpose of recording this data is to make it possible to serve the website to you (by establishing a TCP/IP connection), to secure our servers, the technical administration of our infrastructure as well as the optimisation of our services. Only in the case of unauthorised access or attacks on our infrastructure will your IP address be analysed.
No further information is required from you in order to access our website.
Among the types of Personal Data that InfluencerSoft collects from User, by itself or through third parties, there are:
• First Name & Last Name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Password
• Cookie and Usage Data, IP address.
Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.
The Personal Data may be freely provided by the User, or collected automatically when using InfluencerSoft .
Any use of Cookies – or of other tracking tools – by InfluencerSoft or by the owners of third party services used by InfluencerSoft , unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
Failure to provide certain Personal Data may make it impossible for InfluencerSoft to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through InfluencerSoft and confirm that they have the third party’s consent to provide the Data to the Owner.
The use of the Data processed by the Service
All Data processed via the analysis conducted by InfluencerSoft are used by InfluencerSoft only for the purpose of providing the service to the Users. Such Data will not be transferred or sold by InfluencerSoft to any third party, nor will it be used by the Owner for any purpose connected to InfluencerSoft ’s own business. The Owner reserves the right to aggregate the Data imported on the application by the different InfluencerSoft Users, for the purpose of creating anonymized aggregated metrics.
Securing your Data
In order to secure your data we have put in place technical and organisational measures which meet the requirements of the GDPR, and require any third-party service providers we use to do the same.
When we use third parties to provide the services, for example infrastructure service providers, these third parties are only engaged after a comprehensive review.
Your data is only ever saved on secure servers, which may only be accessed by a few authorised personnel.
Third-Party Service Providers in non-EEA Countries
In order to provide our services, we use third-party services located outside the European Economic Area. Where such transfer occurs, InfluencerSoft ensures that such transfer occurs under the necessary legal provisions as required by the applicable legislation in order to provide for an adequate level of protection of Your Personal Data (e.g. adequacy decision of the EU commission (e.g. EU-US Privacy Shield), binding corporate rules, or EU standard contractual clauses)
Use of Cookies
In addition to the previously listed data, cookies will be saved on your computer when you use our website. Cookies are small pieces of textual data which are saved on your hard disk by your web browser, through which InfluencerSoft , who sets the cookie’s contents, can collect certain information about you. Cookies cannot execute any code, nor transfer any viruses to your computer. We use them in order to anonymously or pseudonymously analyse the use of the website, and present relevant offers to you.
This website uses the following types of cookies, whose scope and functionality is detailed in the following paragraphs.
Transient cookies are automatically deleted when you close your browser. They are used particularly as session cookies. These save a so-called “session ID” which is used to link subsequent requests made by your browser to each other. Through this, your computer can be recognised when you return to our website. These session cookies are deleted, when you log out, or close your browser.
Persistent cookies are only deleted after a predetermined duration, which can be different for each cookie. You can delete these persistent cookies anytime, though the “Settings” configuration of your browser. We advise you, that if you do so, that not all functionality of this website will be available.
The placement of cookies on your computer can be prevented through the relevant settings of your internet browser. Previously set cookies can also be deleted through the settings of your browser. We advise you that preventing the placement of cookies on your computer can mean that not all functionality of our website are available without limitations.
Website Registration
The data subject can register on the website. For this to take place, it is required that the data subject enter their details in the “Start Your Free Trial” form. The data given by the data subject to register will solely be used for registration, and not passed to any third parties unless InfluencerSoft has a lawful ground to do so. In the course of registration on our website, your IP address, date and time of access will be recorded, in order to prevent any potential misuse. During, or after the registration, the data subject is free to alter their personal data. It is also possible for the data subject to completely cancel their registration, so that all personal data is deleted.
Third-party services
Zendesk
InfluencerSoft uses Zendesk. This is a customer service platform provided by Zendesk, Inc. and enables us to provide support to our customers and users by offering means to contact InfluencerSoft .
The responsible entity is:
Zendesk, Inc., 1019 Market Street, 6th Floor, San Francisco, California 94103 USA
If a user chooses to contact InfluencerSoft , either by emailing support [at] InfluencerSoft.com, or any other email address associated with our Zendesk account; or by submitting a ticket through the contact form on our website or the Zendesk Webwidget, the content that the user chooses to submit is transferred to Zendesk’s servers located in the United States, and saved there. The content and metadata of your messages are submitted by Zendesk to InfluencerSoft. Zendesk may give this information to further parties where legally required to do so, or these parties are contracted to by Zendesk.
You can find further information about Zendesk’s data processing and data protection at:
https://www.zendesk.com/company/customers-partners/privacy-policy
Intercom
InfluencerSoft uses Intercom to notify users of new features in our product. We also use Intercom to manage information about our customers and leads.
The responsible entity is:
Intercom R&D Unlimited Company,
2nd Floor, Stephen Court,
18-21 St. Stephen’s Green,
Dublin 2, Republic of Ireland
Personally identifiable information, including name, email address, phone number and location & country is submitted to Intercom’s servers and saved there when a user chooses to sign up to the InfluencerSoft Application, to sign up for an event hosted or sponsored by InfluencerSoft , or to subscribe to notifications about new product features and other information from InfluencerSoft .
The option to subscribe to notification is made possible through the use of JavaScript and cookies. Information obtained via the cookies and / or the JavaScript widget, including IP address, browser version, OS version, activity data, usage information, transaction information and plan details is transferred to Intercom’s servers and saved there.
Other information, including IP address, browser & OS version, and timestamps, is submitted to Intercom when a user loads resources embedded in, or a link contained an email sent through Intercom.
The analyses of your actions on our website and with the notifications sent through Intercom is transferred to us in the form of reports. Intercom may give any of your information to further parties where legally required to do so, or these parties are contracted to by Intercom.
You can find further information about Intercom’s data processing and data protection at:
https://www.intercom.com/terms-and-policies#privacy
InfluencerSoft has integrated Facebook into its website.
The responsible entity for Facebook is:
Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States.
When a data subject lives outside the United States or Canada, and Facebook undertakes data processing, the responsible entity is:
Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
If the user is logged into a Facebook account (even if it is not their own account) at the same time that they access they InfluencerSoft website, Facebook will additionally receive a notification that they have visited InfluencerSoft ’s website. Facebook collects this information, so the theoretical possibility exists that it could associate it with the Facebook account. The same also applies to the “Like” button, or to the usage of Facebook comment forms; Facebook could associate this information with the logged-in Facebook account.
To prevent this, you can log out of any Facebook accounts prior to visiting the InfluencerSoft website. To do this, you must visit the Facebook website.
For further information relating to data protection and Facebook, please see:
https://facebook.com/about/privacy
Google AdSense
InfluencerSoft uses Google AdSense, a service provided by Google Inc that enables us to advertise to previous visitors of our website and allows us to track the effectiveness of these ads.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The display of ads and measurement of their effectiveness is made possible through the use of cookies and clear gifs. Information obtained via these cookies and / or clear gifs is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google.
You may opt-out of targeted advertising through Google AdSense by visiting: https://www.google.com/ads/preferences
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
Google Analytics
Our website uses Google Analytics. This is a service of Google Inc (hereafter “Google”) which analyses website access, and enables us to improve our site.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The analysis of your use of our website is made possible through the use of cookies. Information obtained via these cookies is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google. The Google tracking on our website uses the “anonymizeIp()” function, which truncates the transmitted IP addresses so as to prevent the direct identification of any individual users.
You can stop the placement of Google Analytics cookies on your computer through the settings of your web browser. If you do so, we cannot guarantee that all the functions of our website will be fully available to you. You may also stop the placement of cookies through the use of browser extensions, such as:
https://tools.google.com/dlpage/gaoptout
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
And
https://www.google.com/analytics/terms
CloudFlare Inc.
CloudFlare is a monitoring service provided by CloudFlare Inc. that is used for monitoring service uptime and availability. Information that CloudFlare collect includes items such as IP addresses, DNS log data, and website performance data derived from browser activity. Place of processing: USA - Privacy Policy
Hetzner Online GmbH
InfluencerSoft uses Hetzner hosting to maintain the service databases.
The responsible entity is:
Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany
You can find further information about Hetzner Privacy Policy:
https://www.hetzner.com/rechtliches/datenschutz
Stripe
InfluencerSoft uses Stripe to process payments for some of our existing customers and provide billing information to these customers.
The responsible entity is:
Stripe, Inc
185 Berry Street,
Suite 550,
San Francisco, CA 94107
For those existing customers who are billed with Stripe, the following data is sent, and stored by Stripe:
Your name and email address
Details of your payment method (credit card number, expiry date, CVC)
Your IP address, and the time and date of your transaction
Your billing address
If you wish to avoid sending your data to Stripe, you can do so by not signing up for a paid InfluencerSoft plan. If you do so however, your ability to use InfluencerSoft ’s functions could be severely reduced.
You may find further information about Stripe’s data processing and data protection here:
https://stripe.com/us/privacy
Changes to this Privacy Policy
InfluencerSoft reserves the right to update this Privacy Policy from time to time without notice. Any changes are effective when we post the updated Policy on our website. We recommend that you regularly check back. We may provide you with notices about changes to this Privacy Policy if you are a registered user of the InfluencerSoft Application.
Contact
Should you have further questions, or wish to make contact with us, you can write us an email to support [at] InfluencerSoft.com. When you do so, the data required to answer your query will be automatically saved and processed. Your data will not be transferred to third parties unless InfluencerSoft has a lawful ground to do so.
Deletion of Personal Data
InfluencerSoft only keeps and processes personal data for so long as it is necessary. When the purpose of the data processing has been fulfilled, your personal data will be deleted in accordance with our data retention policy, unless we are legally required to retain it.
Right to Access, Change, or Delete Personal Data
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
Right to Access
Customers have the right to know what personal data about them is included in the databases and to ensure that such personal data is accurate and relevant for the purposes for which InfluencerSoft collected it. customers may review their own personal data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and InfluencerSoft policies. Upon reasonable request InfluencerSoft allows customers access to their personal data, in order to correct or amend such data where inaccurate. Customers may edit their personal data by logging into their account profile or by contacting InfluencerSoft by phone or email. In making modifications to their personal data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of personal data, customers should submit a written request to support [at] InfluencerSoft.com.
Requests for Personal Data
InfluencerSoft will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the personal data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If InfluencerSoft receives a request for access to his/her personal data from an customer, then, unless otherwise required under law or by contract with such customer, InfluencerSoft will refer such Data Subject to the customer.
Satisfying Requests for Access, Modifications, and Corrections
InfluencerSoft will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate personal data.
Questions, Complaints, Dispute Resolution
InfluencerSoft commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy policy should first contact InfluencerSoft at: support [at] InfluencerSoft.com. Additionally, you always have the right to make a complaint to the relevant authorities (https://ico.org.uk/) regarding our processing of your personal data.
How you can exercise your rights
Should you wish to exercise any of these rights, you will need to provide proof of identification that you are the person to whom the data relates. The data you will receive includes data we have related to you, the source of that data, the recipients, or types of recipients to whom the data was transferred, and the purposes for which the data was stored. To exercise these rights, please contact our support at support [at] InfluencerSoft.com
Our responsibilities as a Data Processor
As a technical services provider who stores the personal information of EU citizens on behalf of Data Controllers, we have certain responsibilities under GDPR which we comply with, including:
Managing Data Processing - InfluencerSoft has clear documentation on where our data comes from, how it is stored, and where it goes after we get it. InfluencerSoft will only process personal data on instructions from the controller, and inform the controller if it believes said instruction infringes on the GDPR (28.3)
Accountability and Governance - InfluencerSoft takes extraordinary steps to secure your data, ensure stability and uptime, manage data backup and disaster recovery, and regularly test security (32.1)
Authorized Use of Sub-Processors - InfluencerSoft uses subprocessors as a routine part of offering our service. It is our responsibility to ensure our subcontractors comply with GDPR, and we will comply with those rules. As a Data Controller, your agreement to our use of sub-processors is part of our legal Terms of Service and required to be an InfluencerSoft user. We maintain a list of sub-processors here for your review in our Privacy Policy (28.2)
Applicability
This privacy policy only applies to you if and to the extent InfluencerSoft and the services process your controlled data on your behalf. This privacy policy does not apply to you if:
(a) your covered data does not include any personal data; or
(b) data protection laws do not apply to your covered data.
You agree that InfluencerSoft is not responsible for personal data that you have elected to process through third-party services or outside of the services, including the systems of any other third-party cloud services, offline or on-premises storage.
Details of Data Processing
The subject matter of the data processing under this privacy policy is your controlled data. As between you and us, the duration of the data processing under this privacy policy is determined by you. The purpose of the data processing under this privacy policy is the provision of the services initiated by you from time to time. In connection with providing the services, we may process your controlled data for business purposes such as:
(a) maintaining and servicing your account(s);
(b) serving and rendering your websites to end users;
(c) enabling you to transact and communicate with your end users;
(d) providing analytics, auditing or verifying events related to your end users’ visits to your websites;
(e) ensuring the security and integrity of the services; and
(f) debugging, and improving the services.
Your controlled data relating to you, your end users or other data subjects whose personal data is included in covered data which is processed as part of the services in accordance with instructions given through the services.
Processing Roles and Activities
You are the controller and InfluencerSoft is the processor of your controlled data.
InfluencerSoft may also be an independent controller for some personal data relating to you or your end users. We decide how to use and process that personal data independently and use it for our own purposes. When we process personal data as a controller, you acknowledge and confirm that the agreement does not create a joint-controller relationship between you and us. If we provide you with personal data controlled by us, such as in any access to data regarding your end users’ interactions with your site, you receive that as an independent data controller and are responsible for compliance with data protection laws in that regard.
We will process your controlled data for the purpose of providing you with the services, as may be used, configured or modified through the services (the “purpose”). For example, depending on how you use the services, we may process your controlled data in order to:
(a) enable you to integrate content or features from a social media platform on your site; or
(b) email your end users on your behalf.
You will ensure that your instructions comply with all laws, regulations and rules applicable in relation to your controlled data (including data protection laws) and that your controlled data is collected lawfully by you or on your behalf and provided to us by you in accordance with such laws, rules and regulations. You will also ensure that the processing of your controlled data in accordance with your instructions will not cause or result in us or you breaching any laws, rules or regulations (including data protection laws). You are responsible for reviewing the information available from us relating to data security pursuant to the agreement and making an independent determination as to whether the services meet your requirements and legal obligations as well as your obligations under this privacy policy. InfluencerSoft will not access or use your controlled data except as provided in the agreement, as necessary to maintain or provide the services or as necessary to comply with the law or binding order of a governmental, law enforcement or regulatory body.
Our Processing Responsibilities
We will process your controlled data for the purpose and in accordance with the agreement or instructions you give us through the services. We will not “sell” or “share” (as such terms are defined under US Data Protection Laws) your controlled data. You agree that the agreement and the instructions given through the services are your complete and final documented instructions to us in relation to your controlled data. Additional instructions outside the scope of this privacy policy require prior written agreement between you and us, including agreement on any additional fees payable by you to us for carrying out such instructions. We will promptly inform you if, in our opinion, your instructions infringe data protection laws, or if we are unable to comply with your instructions. We will notify you when applicable laws prevent us from complying with your instructions, except if such disclosure is prohibited by applicable law on important grounds of public interest, such as a prohibition under law to preserve the confidentiality of a law enforcement investigation or request.
To the extent you and your controlled data are subject to the CCPA (such personal data, “CCPA data”), with respect to such CCPA data:
(a) InfluencerSoft acts as a “service provider” and you are a “business” (as such terms are defined under the CCPA); and
(b) InfluencerSoft and you shall comply with our and your respective obligations under the CCPA. InfluencerSoft will not use your controlled data outside of its direct business relationship with you, or for purposes other than the business purpose, unless otherwise permitted by the CCPA. Notwithstanding the foregoing, you agree that in accordance with the CCPA, InfluencerSoft may:
(i) use CCPA data internally to build and improve the quality of the services; or
(ii) combine personal data of the end users of you or other businesses for which InfluencerSoft is a service provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined personal data includes IP addresses, preferences, web pages visited prior to coming to your or another business’ website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how end users interact with your or another business’ website (such as timestamps, clicks, scrolling, browsing times and load times).
We will provide you notice without undue delay after becoming aware of and confirming the occurrence of a breach for which notification to you is required under data protection laws. We will, to assist you in complying with your notification obligations under data protection laws (including Articles 33 and 34 of the GDPR), provide you with such information about the breach as we are reasonably able to disclose to you, taking into account the nature of the services, the information available to us and any restrictions on disclosing the information such as for confidentiality. Our obligation to report or respond to a Breach under this policy is not and will not be construed as an acknowledgement by InfluencerSoft of any fault or liability of InfluencerSoft with respect to the breach. Despite the foregoing, InfluencerSoft’s obligations under this policy do not apply to incidents that are caused by you, any activity on your Account(s) and/or third party services.
We will provide you notice, if permitted by applicable law, upon receiving:
(a) an inquiry or complaint from an end user or other individual whose personal data is included in your controlled data; or
(b) a binding demand (such as a court order or subpoena) from a government, law enforcement, regulatory or other body in respect of your controlled data.
We will, to the extent that you cannot reasonably do so through the services or otherwise, provide reasonable assistance to you in respect of your fulfillment of your obligation as controller to respond to requests by data subjects under data protection laws (including Chapter 3 of the GDPR), taking into account the nature of the services and information available to us. To the extent required by data protection laws, you may ask us to assist you by verifying that we no longer retain or use any of your controlled data related to a data subject who has made a valid request to you to delete their personal data. You will be responsible for our reasonable costs arising from our provision of any such assistance.
We will maintain the security measures and the safeguards set out here. We may change or update the security measures or safeguards but will not do so in a way that adversely affects the security of your controlled data. We will take steps to ensure that any natural person acting under our authority who has access to your controlled data does not process it except on our instructions, unless such person is required to do so under applicable law, and that personnel authorized by us to process your controlled data have committed themselves to relevant confidentiality obligations or are under an appropriate statutory obligation of confidentiality.
You agree that we can share your controlled data with sub-processors in order to provide you the services. We will impose contractual obligations on our sub-processors, and contractually obligate our sub-processors to impose contractual obligations on any further sub-contractors which they engage to process your controlled data, which provide the same level of data protection for your controlled data in all material respects as the contractual obligations imposed in this privacy policy, to the extent applicable to the nature of the services provided by such sub-processor. A list of our current sub-processors is available upon request by sending an email to support@InfluencerSoft.com. Provided that your objection is reasonable and related to data protection concerns, you may object to any sub-processor by sending an email to support@influencersoft.com. If you object to any sub-processor and your objection is reasonable and related to data protection concerns, we will use commercially reasonable efforts to make available to you a means of avoiding the processing of your controlled data by the objected-to sub-processor. If we are unable to make available such suggested change within a reasonable period of time, we will notify you and if you still object to our use of such sub-processor, you may cancel or terminate the services or, if possible, the portions of the services that involve use of such sub-processor. Except as set forth in this policy, if you object to any sub-processors, you may not use or access the services. You consent to our use of sub-processors as described in this policy. Except as set forth in this policy or as you may otherwise authorize, we will not permit any sub-processor to access your controlled data. InfluencerSoft will remain responsible for its compliance with the obligations of this privacy policy and for any acts or omissions of any sub-processor or their further sub-contractors that process your controlled data and cause InfluencerSoft to breach any of InfluencerSoft’s obligations under this privacy policy, solely to the extent that InfluencerSoft would be liable under the agreement if the act or omission was InfluencerSoft’s own.
InfluencerSoft may (where required by data protection laws) use external or internal auditors to verify the adequacy of our Security Measures or as otherwise required by Data Protection Laws.
You agree to exercise any right you may have to conduct an audit or inspection by instructing InfluencerSoft to carry out the audit described herein. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such report or outcome from such audit with you and that we may redact any such reports as we consider appropriate. If InfluencerSoft does not follow such instruction or if it is legally mandatory for you to demonstrate compliance with data protection laws by means other than reviewing a report from such an audit, you may only request a change in the following way:
a. First, submit a request for additional information in writing to InfluencerSoft, specifying all details required to enable InfluencerSoft to review this request effectively, including without limitation the information being requested, what form you need to obtain it in and the underlying legal requirement for the request (the “request”). You agree that the request will be limited to information regarding our security measures or as otherwise required by data protection laws.
b. Within a reasonable time after we have received and reviewed the request, you and we will discuss and work in good faith towards agreeing on a plan to determine the details of how the request can be addressed. You and we agree to use the least intrusive means for InfluencerSoft to address the request, taking into account applicable legal requirements, information available to or that may be provided to you, the urgency of the matter and the need for InfluencerSoft to maintain uninterrupted business operations and the security of its facilities and protect itself and its customers from risk and to prevent disclosure of information that could jeopardize the confidentiality of InfluencerSoft or our users’ information.
You will pay our costs in considering and addressing any request. Any information and documentation provided by InfluencerSoft or its auditors pursuant to this policy will be provided at your cost. If we decline to follow any instruction requested by you regarding audits or inspections, you may cancel any affected paid services.
Upon your reasonable requests to us for information regarding our compliance with the obligations set forth in this privacy policy, we shall, where such information is not otherwise available to you, provide you with written responses, provided that you agree not to exercise this right more than one (1) time per calendar year (unless it is necessary for you to do so to comply with data protection laws). The information to be made available by InfluencerSoft under this policy is limited to solely that information necessary, taking into account the nature of the services and the information available to InfluencerSoft, to assist you in complying with your obligations under applicable data protection laws in respect of data protection impact assessments and prior consultation. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such information with you.
You can delete or access a copy of some of your controlled data through the services. For any of your controlled data which may not be deleted or accessed through the services, upon your written request, we will, with respect to any of your controlled data in our or our sub-processor’s possession that we can associate with a data subject, subject to the limitations described in the agreement and unless prohibited by applicable law or the order of a governmental, law enforcement or regulatory body:
(a) return such data and copies of such data to you provided that you make such request within no more than ninety (90) days after the cancellation of the applicable paid services; or
(b) delete, and request that our sub-processors delete, such data (excluding in the case of (a) or (b) any of such data which we maintain in order to comply with applicable law or as otherwise set forth in the agreement). Otherwise, we will delete your controlled data in accordance with our data retention policy.
Data Transfers
This section of the policy only applies to you to the extent your controlled data includes personal data of data subjects located within the EEA, United Kingdom or Switzerland.
Taking into account, in particular, the security measures and safeguards provided for in this privacy policy and the specific circumstances, you authorize InfluencerSoft to transfer your controlled data away from the country in which such data was originally collected to other countries globally in which InfluencerSoft or any sub-processors operate, including in particular, to the US.
Unless such transfer is otherwise permitted under European data protection laws, transfers to a sub-processor in any country not recognized under European data protection laws as providing an adequate level of protection for your controlled data shall proceed pursuant to
(a) the processor to processor (module 3) standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR and approved by the European Commission decision 2021/914, dated 4 June 2021 (and with respect to the UK, the international data transfer addendum to the European Commission’s standard contractual clauses approved by the Information Commissioner’s Office, effective March 21, 2022); or
(b) such other standard contractual clauses for the transfer of personal data to third countries that are recognized under the applicable European data protection laws in the EEA, UK or Switzerland. In order to facilitate an efficient and coordinated service, all communication with InfluencerSoft and any sub-processor (including InfluencerSoft, Inc.) in connection with such standard contractual clauses will, to the extent possible, be coordinated and directed through InfluencerSoft.
Liability
The liability of each party under this privacy policy is subject to the exclusions and limitations of liability set out in the agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by InfluencerSoft. in relation to your controlled data that arise as a result of, or in connection with, your failure to comply with your obligations under the agreement, this privacy policy or data protection laws shall reduce as applicable, InfluencerSoft's maximum aggregate liability to you in the same amount as such regulatory penalties, claims and/or liability incurred by us as a result.
Miscellaneous
You are responsible for any costs and expenses arising from InfluencerSoft's compliance with your instructions or requests pursuant to the agreement (including this privacy policy) which fall outside the standard functionality made available generally through the Services.
Modifications to this Privacy Policy
We may modify this privacy policy from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we may notify you in accordance with the procedures set forth in our Terms of Service. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified privacy policy. If you disagree with our changes, then you must stop using the applicable services and cancel the applicable paid services.
GDPR best practices for InfluencerSoft
While we can’t offer legal advice, here are some best practices that will help you get started with your GDPR compliance.
Personal data audit
Review your website, your scheduler, and other InfluencerSoft products and look for areas where you collect personal data, bearing in mind the modified the GDPR definition of “personal data.”
Some questions to consider:
• Do you collect personal data via products using third-party services? (e.g., Google Analytics, a form block connected to Mailchimp and Google Drive). You should read the privacy policies of those services.
• Do you download or export data from your products into another system?
• Do you combine the personal data you collect with other sources of data?
• Are you gathering information you don’t need?
Create (or update) your privacy policy
After you’ve identified your data collection activities, the GDPR requires that you provide specific information to individuals whose personal data you're collecting and processing. Posting a privacy policy gives visitors more clarity about your use of their information. Consider making a privacy policy page on your site or scheduler that documents:
• What information you collect
• Why you collect that information
• Who you share that information with
• How long you'll store that information
• If you intended to transfer such information outside of the European Economic Area.
• Any other information required under the GDPR
Posting a privacy policy gives visitors more clarity about your use of their information.
Where can I get more information about the GDPR?
Regulators within the EU and UK provide specific guidance on the GDPR and Cookies. You can view their documentation here:
• The European Data Protection Board (EDPB)
• Official EU GDPR website
• Bundesministerium des Innern (Germany)
• Commission Nationale de l’Informatique et des Libertés (France)
• Data Protection Commission (Ireland)
• Information Commissioner’s Office (UK)
• Agencia Española de Protección de Datos (Spain)
• Full text of the GDPR
Updated: June 2022
Privacy Policy
All collection, processing, and use (hereafter “usage”) of data by InfluencerSoft is exclusively for the purposes of providing the InfluencerSoft services (hereafter “services”). The services have been designed with the goal of collecting as little personal data as possible to function. By “personal data”, we mean all particulars related to an identified or identifiable natural person (the “data subject”).
The following statements describe which types of data we collect when you use our services, what happens with this data, and how you can object to this data processing, where applicable.
Data Controller and Owner
For the purposes of the EU General Data Protection Regulation (GDPR) (EU) 2016/679, the responsible entity is:
InfluencerSoft LLC (DBA - InfluencerSoft); +1(844)331-0950, support@influencersoft.com
7486 La Jolla Blvd. #507
La Jolla, CA 92037
United States
Definitions
“Our Website(s)” and “InfluencerSoft Websites” refers to any website owned and/or operated by InfluencerSoft LLC (as listed above), especially InfluencerSoft.com
User is the individual using software InfluencerSoft, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
What Data we Collect
When you visit our website, our server temporarily saves details of your access in its logs. These logs contain the following data, and are kept until their automatic deletion:
The IP address of the computer making the request
The date and time of your request
The requested URI
The amount of data transferred to you in response
Whether the request was successfully processed or not
Identifying data about the browser and operating system you use
The referring website from which you made the request
The name of your Internet Service Provider
The purpose of recording this data is to make it possible to serve the website to you (by establishing a TCP/IP connection), to secure our servers, the technical administration of our infrastructure as well as the optimisation of our services. Only in the case of unauthorised access or attacks on our infrastructure will your IP address be analysed.
No further information is required from you in order to access our website.
Among the types of Personal Data that InfluencerSoft collects from User, by itself or through third parties, there are:
• First Name & Last Name
• Phone number
• Email
• Address, State, Province, ZIP/Postal code, City
• Password
• Cookie and Usage Data, IP address.
Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.
The Personal Data may be freely provided by the User, or collected automatically when using InfluencerSoft .
Any use of Cookies – or of other tracking tools – by InfluencerSoft or by the owners of third party services used by InfluencerSoft , unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
Failure to provide certain Personal Data may make it impossible for InfluencerSoft to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through InfluencerSoft and confirm that they have the third party’s consent to provide the Data to the Owner.
The use of the Data processed by the Service
All Data processed via the analysis conducted by InfluencerSoft are used by InfluencerSoft only for the purpose of providing the service to the Users. Such Data will not be transferred or sold by InfluencerSoft to any third party, nor will it be used by the Owner for any purpose connected to InfluencerSoft ’s own business. The Owner reserves the right to aggregate the Data imported on the application by the different InfluencerSoft Users, for the purpose of creating anonymized aggregated metrics.
Securing your Data
In order to secure your data we have put in place technical and organisational measures which meet the requirements of the GDPR, and require any third-party service providers we use to do the same.
When we use third parties to provide the services, for example infrastructure service providers, these third parties are only engaged after a comprehensive review.
Your data is only ever saved on secure servers, which may only be accessed by a few authorised personnel.
Third-Party Service Providers in non-EEA Countries
In order to provide our services, we use third-party services located outside the European Economic Area. Where such transfer occurs, InfluencerSoft ensures that such transfer occurs under the necessary legal provisions as required by the applicable legislation in order to provide for an adequate level of protection of Your Personal Data (e.g. adequacy decision of the EU commission (e.g. EU-US Privacy Shield), binding corporate rules, or EU standard contractual clauses)
Use of Cookies
In addition to the previously listed data, cookies will be saved on your computer when you use our website. Cookies are small pieces of textual data which are saved on your hard disk by your web browser, through which InfluencerSoft , who sets the cookie’s contents, can collect certain information about you. Cookies cannot execute any code, nor transfer any viruses to your computer. We use them in order to anonymously or pseudonymously analyse the use of the website, and present relevant offers to you.
This website uses the following types of cookies, whose scope and functionality is detailed in the following paragraphs.
Transient cookies are automatically deleted when you close your browser. They are used particularly as session cookies. These save a so-called “session ID” which is used to link subsequent requests made by your browser to each other. Through this, your computer can be recognised when you return to our website. These session cookies are deleted, when you log out, or close your browser.
Persistent cookies are only deleted after a predetermined duration, which can be different for each cookie. You can delete these persistent cookies anytime, though the “Settings” configuration of your browser. We advise you, that if you do so, that not all functionality of this website will be available.
The placement of cookies on your computer can be prevented through the relevant settings of your internet browser. Previously set cookies can also be deleted through the settings of your browser. We advise you that preventing the placement of cookies on your computer can mean that not all functionality of our website are available without limitations.
Website Registration
The data subject can register on the website. For this to take place, it is required that the data subject enter their details in the “Start Your Free Trial” form. The data given by the data subject to register will solely be used for registration, and not passed to any third parties unless InfluencerSoft has a lawful ground to do so. In the course of registration on our website, your IP address, date and time of access will be recorded, in order to prevent any potential misuse. During, or after the registration, the data subject is free to alter their personal data. It is also possible for the data subject to completely cancel their registration, so that all personal data is deleted.
Third-party services
Zendesk
InfluencerSoft uses Zendesk. This is a customer service platform provided by Zendesk, Inc. and enables us to provide support to our customers and users by offering means to contact InfluencerSoft .
The responsible entity is:
Zendesk, Inc., 1019 Market Street, 6th Floor, San Francisco, California 94103 USA
If a user chooses to contact InfluencerSoft , either by emailing support [at] InfluencerSoft.com, or any other email address associated with our Zendesk account; or by submitting a ticket through the contact form on our website or the Zendesk Webwidget, the content that the user chooses to submit is transferred to Zendesk’s servers located in the United States, and saved there. The content and metadata of your messages are submitted by Zendesk to InfluencerSoft. Zendesk may give this information to further parties where legally required to do so, or these parties are contracted to by Zendesk.
You can find further information about Zendesk’s data processing and data protection at:
https://www.zendesk.com/company/customers-partners/privacy-policy
Intercom
InfluencerSoft uses Intercom to notify users of new features in our product. We also use Intercom to manage information about our customers and leads.
The responsible entity is:
Intercom R&D Unlimited Company,
2nd Floor, Stephen Court,
18-21 St. Stephen’s Green,
Dublin 2, Republic of Ireland
Personally identifiable information, including name, email address, phone number and location & country is submitted to Intercom’s servers and saved there when a user chooses to sign up to the InfluencerSoft Application, to sign up for an event hosted or sponsored by InfluencerSoft , or to subscribe to notifications about new product features and other information from InfluencerSoft .
The option to subscribe to notification is made possible through the use of JavaScript and cookies. Information obtained via the cookies and / or the JavaScript widget, including IP address, browser version, OS version, activity data, usage information, transaction information and plan details is transferred to Intercom’s servers and saved there.
Other information, including IP address, browser & OS version, and timestamps, is submitted to Intercom when a user loads resources embedded in, or a link contained an email sent through Intercom.
The analyses of your actions on our website and with the notifications sent through Intercom is transferred to us in the form of reports. Intercom may give any of your information to further parties where legally required to do so, or these parties are contracted to by Intercom.
You can find further information about Intercom’s data processing and data protection at:
https://www.intercom.com/terms-and-policies#privacy
Facebook
InfluencerSoft has integrated Facebook into its website.
The responsible entity for Facebook is:
Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States.
When a data subject lives outside the United States or Canada, and Facebook undertakes data processing, the responsible entity is:
Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
If the user is logged into a Facebook account (even if it is not their own account) at the same time that they access they InfluencerSoft website, Facebook will additionally receive a notification that they have visited InfluencerSoft ’s website. Facebook collects this information, so the theoretical possibility exists that it could associate it with the Facebook account. The same also applies to the “Like” button, or to the usage of Facebook comment forms; Facebook could associate this information with the logged-in Facebook account.
To prevent this, you can log out of any Facebook accounts prior to visiting the InfluencerSoft website. To do this, you must visit the Facebook website.
For further information relating to data protection and Facebook, please see:
https://facebook.com/about/privacy
Google AdSense
InfluencerSoft uses Google AdSense, a service provided by Google Inc that enables us to advertise to previous visitors of our website and allows us to track the effectiveness of these ads.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The display of ads and measurement of their effectiveness is made possible through the use of cookies and clear gifs. Information obtained via these cookies and / or clear gifs is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google.
You may opt-out of targeted advertising through Google AdSense by visiting: https://www.google.com/ads/preferences
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
Google Analytics
Our website uses Google Analytics. This is a service of Google Inc (hereafter “Google”) which analyses website access, and enables us to improve our site.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The analysis of your use of our website is made possible through the use of cookies. Information obtained via these cookies is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google. The Google tracking on our website uses the “anonymizeIp()” function, which truncates the transmitted IP addresses so as to prevent the direct identification of any individual users.
You can stop the placement of Google Analytics cookies on your computer through the settings of your web browser. If you do so, we cannot guarantee that all the functions of our website will be fully available to you. You may also stop the placement of cookies through the use of browser extensions, such as:
https://tools.google.com/dlpage/gaoptout
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
And
https://www.google.com/analytics/terms
CloudFlare Inc.
CloudFlare is a monitoring service provided by CloudFlare Inc. that is used for monitoring service uptime and availability. Information that CloudFlare collect includes items such as IP addresses, DNS log data, and website performance data derived from browser activity. Place of processing: USA - Privacy Policy
Hetzner Online GmbH
InfluencerSoft uses Hetzner hosting to maintain the service databases.
The responsible entity is:
Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany
You can find further information about Hetzner Privacy Policy:
https://www.hetzner.com/rechtliches/datenschutz
Stripe
InfluencerSoft uses Stripe to process payments for some of our existing customers and provide billing information to these customers.
The responsible entity is:
Stripe, Inc
185 Berry Street,
Suite 550,
San Francisco, CA 94107
For those existing customers who are billed with Stripe, the following data is sent, and stored by Stripe:
Your name and email address
Details of your payment method (credit card number, expiry date, CVC)
Your IP address, and the time and date of your transaction
Your billing address
If you wish to avoid sending your data to Stripe, you can do so by not signing up for a paid InfluencerSoft plan. If you do so however, your ability to use InfluencerSoft ’s functions could be severely reduced.
You may find further information about Stripe’s data processing and data protection here:
https://stripe.com/us/privacy
Changes to this Privacy Policy
InfluencerSoft reserves the right to update this Privacy Policy from time to time without notice. Any changes are effective when we post the updated Policy on our website. We recommend that you regularly check back. We may provide you with notices about changes to this Privacy Policy if you are a registered user of the InfluencerSoft Application.
Contact
Should you have further questions, or wish to make contact with us, you can write us an email to support [at] InfluencerSoft.com. When you do so, the data required to answer your query will be automatically saved and processed. Your data will not be transferred to third parties unless InfluencerSoft has a lawful ground to do so.
Deletion of Personal Data
InfluencerSoft only keeps and processes personal data for so long as it is necessary. When the purpose of the data processing has been fulfilled, your personal data will be deleted in accordance with our data retention policy, unless we are legally required to retain it.
Right to Access, Change, or Delete Personal Data
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
Right to Access
Customers have the right to know what personal data about them is included in the databases and to ensure that such personal data is accurate and relevant for the purposes for which InfluencerSoft collected it. customers may review their own personal data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and InfluencerSoft policies. Upon reasonable request InfluencerSoft allows customers access to their personal data, in order to correct or amend such data where inaccurate. Customers may edit their personal data by logging into their account profile or by contacting InfluencerSoft by phone or email. In making modifications to their personal data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of personal data, customers should submit a written request to support [at] InfluencerSoft.com.
Requests for Personal Data
InfluencerSoft will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the personal data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If InfluencerSoft receives a request for access to his/her personal data from an customer, then, unless otherwise required under law or by contract with such customer, InfluencerSoft will refer such Data Subject to the customer.
Satisfying Requests for Access, Modifications, and Corrections
InfluencerSoft will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate personal data.
Questions, Complaints, Dispute Resolution
InfluencerSoft commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy policy should first contact InfluencerSoft at: support [at] InfluencerSoft.com. Additionally, you always have the right to make a complaint to the relevant authorities (https://ico.org.uk/) regarding our processing of your personal data.
How you can exercise your rights
Should you wish to exercise any of these rights, you will need to provide proof of identification that you are the person to whom the data relates. The data you will receive includes data we have related to you, the source of that data, the recipients, or types of recipients to whom the data was transferred, and the purposes for which the data was stored. To exercise these rights, please contact our support at support [at] InfluencerSoft.com
Our responsibilities as a Data Processor
As a technical services provider who stores the personal information of EU citizens on behalf of Data Controllers, we have certain responsibilities under GDPR which we comply with, including:
Managing Data Processing - InfluencerSoft has clear documentation on where our data comes from, how it is stored, and where it goes after we get it. InfluencerSoft will only process personal data on instructions from the controller, and inform the controller if it believes said instruction infringes on the GDPR (28.3)
Accountability and Governance - InfluencerSoft takes extraordinary steps to secure your data, ensure stability and uptime, manage data backup and disaster recovery, and regularly test security (32.1)
Authorized Use of Sub-Processors - InfluencerSoft uses subprocessors as a routine part of offering our service. It is our responsibility to ensure our subcontractors comply with GDPR, and we will comply with those rules. As a Data Controller, your agreement to our use of sub-processors is part of our legal Terms of Service and required to be an InfluencerSoft user. We maintain a list of sub-processors here for your review in our Privacy Policy (28.2)
Applicability
This privacy policy only applies to you if and to the extent InfluencerSoft and the services process your controlled data on your behalf. This privacy policy does not apply to you if:
(a) your covered data does not include any personal data; or
(b) data protection laws do not apply to your covered data.
You agree that InfluencerSoft is not responsible for personal data that you have elected to process through third-party services or outside of the services, including the systems of any other third-party cloud services, offline or on-premises storage.
Details of Data Processing
The subject matter of the data processing under this privacy policy is your controlled data. As between you and us, the duration of the data processing under this privacy policy is determined by you. The purpose of the data processing under this privacy policy is the provision of the services initiated by you from time to time. In connection with providing the services, we may process your controlled data for business purposes such as:
(a) maintaining and servicing your account(s);
(b) serving and rendering your websites to end users;
(c) enabling you to transact and communicate with your end users;
(d) providing analytics, auditing or verifying events related to your end users’ visits to your websites;
(e) ensuring the security and integrity of the services; and
(f) debugging, and improving the services.
Your controlled data relating to you, your end users or other data subjects whose personal data is included in covered data which is processed as part of the services in accordance with instructions given through the services.
Processing Roles and Activities
You are the controller and InfluencerSoft is the processor of your controlled data.
InfluencerSoft may also be an independent controller for some personal data relating to you or your end users. We decide how to use and process that personal data independently and use it for our own purposes. When we process personal data as a controller, you acknowledge and confirm that the agreement does not create a joint-controller relationship between you and us. If we provide you with personal data controlled by us, such as in any access to data regarding your end users’ interactions with your site, you receive that as an independent data controller and are responsible for compliance with data protection laws in that regard.
We will process your controlled data for the purpose of providing you with the services, as may be used, configured or modified through the services (the “purpose”). For example, depending on how you use the services, we may process your controlled data in order to:
(a) enable you to integrate content or features from a social media platform on your site; or
(b) email your end users on your behalf.
You will ensure that your instructions comply with all laws, regulations and rules applicable in relation to your controlled data (including data protection laws) and that your controlled data is collected lawfully by you or on your behalf and provided to us by you in accordance with such laws, rules and regulations. You will also ensure that the processing of your controlled data in accordance with your instructions will not cause or result in us or you breaching any laws, rules or regulations (including data protection laws). You are responsible for reviewing the information available from us relating to data security pursuant to the agreement and making an independent determination as to whether the services meet your requirements and legal obligations as well as your obligations under this privacy policy. InfluencerSoft will not access or use your controlled data except as provided in the agreement, as necessary to maintain or provide the services or as necessary to comply with the law or binding order of a governmental, law enforcement or regulatory body.
Our Processing Responsibilities
We will process your controlled data for the purpose and in accordance with the agreement or instructions you give us through the services. We will not “sell” or “share” (as such terms are defined under US Data Protection Laws) your controlled data. You agree that the agreement and the instructions given through the services are your complete and final documented instructions to us in relation to your controlled data. Additional instructions outside the scope of this privacy policy require prior written agreement between you and us, including agreement on any additional fees payable by you to us for carrying out such instructions. We will promptly inform you if, in our opinion, your instructions infringe data protection laws, or if we are unable to comply with your instructions. We will notify you when applicable laws prevent us from complying with your instructions, except if such disclosure is prohibited by applicable law on important grounds of public interest, such as a prohibition under law to preserve the confidentiality of a law enforcement investigation or request.
To the extent you and your controlled data are subject to the CCPA (such personal data, “CCPA data”), with respect to such CCPA data:
(a) InfluencerSoft acts as a “service provider” and you are a “business” (as such terms are defined under the CCPA); and
(b) InfluencerSoft and you shall comply with our and your respective obligations under the CCPA. InfluencerSoft will not use your controlled data outside of its direct business relationship with you, or for purposes other than the business purpose, unless otherwise permitted by the CCPA. Notwithstanding the foregoing, you agree that in accordance with the CCPA, InfluencerSoft may:
(i) use CCPA data internally to build and improve the quality of the services; or
(ii) combine personal data of the end users of you or other businesses for which InfluencerSoft is a service provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined personal data includes IP addresses, preferences, web pages visited prior to coming to your or another business’ website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how end users interact with your or another business’ website (such as timestamps, clicks, scrolling, browsing times and load times).
We will provide you notice without undue delay after becoming aware of and confirming the occurrence of a breach for which notification to you is required under data protection laws. We will, to assist you in complying with your notification obligations under data protection laws (including Articles 33 and 34 of the GDPR), provide you with such information about the breach as we are reasonably able to disclose to you, taking into account the nature of the services, the information available to us and any restrictions on disclosing the information such as for confidentiality. Our obligation to report or respond to a Breach under this policy is not and will not be construed as an acknowledgement by InfluencerSoft of any fault or liability of InfluencerSoft with respect to the breach. Despite the foregoing, InfluencerSoft’s obligations under this policy do not apply to incidents that are caused by you, any activity on your Account(s) and/or third party services.
We will provide you notice, if permitted by applicable law, upon receiving:
(a) an inquiry or complaint from an end user or other individual whose personal data is included in your controlled data; or
(b) a binding demand (such as a court order or subpoena) from a government, law enforcement, regulatory or other body in respect of your controlled data.
We will, to the extent that you cannot reasonably do so through the services or otherwise, provide reasonable assistance to you in respect of your fulfillment of your obligation as controller to respond to requests by data subjects under data protection laws (including Chapter 3 of the GDPR), taking into account the nature of the services and information available to us. To the extent required by data protection laws, you may ask us to assist you by verifying that we no longer retain or use any of your controlled data related to a data subject who has made a valid request to you to delete their personal data. You will be responsible for our reasonable costs arising from our provision of any such assistance.
We will maintain the security measures and the safeguards set out here. We may change or update the security measures or safeguards but will not do so in a way that adversely affects the security of your controlled data. We will take steps to ensure that any natural person acting under our authority who has access to your controlled data does not process it except on our instructions, unless such person is required to do so under applicable law, and that personnel authorized by us to process your controlled data have committed themselves to relevant confidentiality obligations or are under an appropriate statutory obligation of confidentiality.
You agree that we can share your controlled data with sub-processors in order to provide you the services. We will impose contractual obligations on our sub-processors, and contractually obligate our sub-processors to impose contractual obligations on any further sub-contractors which they engage to process your controlled data, which provide the same level of data protection for your controlled data in all material respects as the contractual obligations imposed in this privacy policy, to the extent applicable to the nature of the services provided by such sub-processor. A list of our current sub-processors is available upon request by sending an email to support@InfluencerSoft.com. Provided that your objection is reasonable and related to data protection concerns, you may object to any sub-processor by sending an email to support@influencersoft.com. If you object to any sub-processor and your objection is reasonable and related to data protection concerns, we will use commercially reasonable efforts to make available to you a means of avoiding the processing of your controlled data by the objected-to sub-processor. If we are unable to make available such suggested change within a reasonable period of time, we will notify you and if you still object to our use of such sub-processor, you may cancel or terminate the services or, if possible, the portions of the services that involve use of such sub-processor. Except as set forth in this policy, if you object to any sub-processors, you may not use or access the services. You consent to our use of sub-processors as described in this policy. Except as set forth in this policy or as you may otherwise authorize, we will not permit any sub-processor to access your controlled data. InfluencerSoft will remain responsible for its compliance with the obligations of this privacy policy and for any acts or omissions of any sub-processor or their further sub-contractors that process your controlled data and cause InfluencerSoft to breach any of InfluencerSoft’s obligations under this privacy policy, solely to the extent that InfluencerSoft would be liable under the agreement if the act or omission was InfluencerSoft’s own.
InfluencerSoft may (where required by data protection laws) use external or internal auditors to verify the adequacy of our Security Measures or as otherwise required by Data Protection Laws.
You agree to exercise any right you may have to conduct an audit or inspection by instructing InfluencerSoft to carry out the audit described herein. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such report or outcome from such audit with you and that we may redact any such reports as we consider appropriate. If InfluencerSoft does not follow such instruction or if it is legally mandatory for you to demonstrate compliance with data protection laws by means other than reviewing a report from such an audit, you may only request a change in the following way:
a. First, submit a request for additional information in writing to InfluencerSoft, specifying all details required to enable InfluencerSoft to review this request effectively, including without limitation the information being requested, what form you need to obtain it in and the underlying legal requirement for the request (the “request”). You agree that the request will be limited to information regarding our security measures or as otherwise required by data protection laws.
b. Within a reasonable time after we have received and reviewed the request, you and we will discuss and work in good faith towards agreeing on a plan to determine the details of how the request can be addressed. You and we agree to use the least intrusive means for InfluencerSoft to address the request, taking into account applicable legal requirements, information available to or that may be provided to you, the urgency of the matter and the need for InfluencerSoft to maintain uninterrupted business operations and the security of its facilities and protect itself and its customers from risk and to prevent disclosure of information that could jeopardize the confidentiality of InfluencerSoft or our users’ information.
You will pay our costs in considering and addressing any request. Any information and documentation provided by InfluencerSoft or its auditors pursuant to this policy will be provided at your cost. If we decline to follow any instruction requested by you regarding audits or inspections, you may cancel any affected paid services.
Upon your reasonable requests to us for information regarding our compliance with the obligations set forth in this privacy policy, we shall, where such information is not otherwise available to you, provide you with written responses, provided that you agree not to exercise this right more than one (1) time per calendar year (unless it is necessary for you to do so to comply with data protection laws). The information to be made available by InfluencerSoft under this policy is limited to solely that information necessary, taking into account the nature of the services and the information available to InfluencerSoft, to assist you in complying with your obligations under applicable data protection laws in respect of data protection impact assessments and prior consultation. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such information with you.
You can delete or access a copy of some of your controlled data through the services. For any of your controlled data which may not be deleted or accessed through the services, upon your written request, we will, with respect to any of your controlled data in our or our sub-processor’s possession that we can associate with a data subject, subject to the limitations described in the agreement and unless prohibited by applicable law or the order of a governmental, law enforcement or regulatory body:
(a) return such data and copies of such data to you provided that you make such request within no more than ninety (90) days after the cancellation of the applicable paid services; or
(b) delete, and request that our sub-processors delete, such data (excluding in the case of (a) or (b) any of such data which we maintain in order to comply with applicable law or as otherwise set forth in the agreement). Otherwise, we will delete your controlled data in accordance with our data retention policy.
Data Transfers
This section of the policy only applies to you to the extent your controlled data includes personal data of data subjects located within the EEA, United Kingdom or Switzerland.
Taking into account, in particular, the security measures and safeguards provided for in this privacy policy and the specific circumstances, you authorize InfluencerSoft to transfer your controlled data away from the country in which such data was originally collected to other countries globally in which InfluencerSoft or any sub-processors operate, including in particular, to the US.
Unless such transfer is otherwise permitted under European data protection laws, transfers to a sub-processor in any country not recognized under European data protection laws as providing an adequate level of protection for your controlled data shall proceed pursuant to
(a) the processor to processor (module 3) standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR and approved by the European Commission decision 2021/914, dated 4 June 2021 (and with respect to the UK, the international data transfer addendum to the European Commission’s standard contractual clauses approved by the Information Commissioner’s Office, effective March 21, 2022); or
(b) such other standard contractual clauses for the transfer of personal data to third countries that are recognized under the applicable European data protection laws in the EEA, UK or Switzerland. In order to facilitate an efficient and coordinated service, all communication with InfluencerSoft and any sub-processor (including InfluencerSoft, Inc.) in connection with such standard contractual clauses will, to the extent possible, be coordinated and directed through InfluencerSoft.
Liability
The liability of each party under this privacy policy is subject to the exclusions and limitations of liability set out in the agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by InfluencerSoft. in relation to your controlled data that arise as a result of, or in connection with, your failure to comply with your obligations under the agreement, this privacy policy or data protection laws shall reduce as applicable, InfluencerSoft's maximum aggregate liability to you in the same amount as such regulatory penalties, claims and/or liability incurred by us as a result.
Miscellaneous
You are responsible for any costs and expenses arising from InfluencerSoft's compliance with your instructions or requests pursuant to the agreement (including this privacy policy) which fall outside the standard functionality made available generally through the Services.
Modifications to this Privacy Policy
We may modify this privacy policy from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we may notify you in accordance with the procedures set forth in our Terms of Service. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified privacy policy. If you disagree with our changes, then you must stop using the applicable services and cancel the applicable paid services.
GDPR best practices for InfluencerSoft
While we can’t offer legal advice, here are some best practices that will help you get started with your GDPR compliance.
Personal data audit
Review your website, your scheduler, and other InfluencerSoft products and look for areas where you collect personal data, bearing in mind the modified the GDPR definition of “personal data.”
Some questions to consider:
• Do you collect personal data via products using third-party services? (e.g., Google Analytics, a form block connected to Mailchimp and Google Drive). You should read the privacy policies of those services.
• Do you download or export data from your products into another system?
• Do you combine the personal data you collect with other sources of data?
• Are you gathering information you don’t need?
Create (or update) your privacy policy
After you’ve identified your data collection activities, the GDPR requires that you provide specific information to individuals whose personal data you're collecting and processing. Posting a privacy policy gives visitors more clarity about your use of their information. Consider making a privacy policy page on your site or scheduler that documents:
• What information you collect
• Why you collect that information
• Who you share that information with
• How long you'll store that information
• If you intended to transfer such information outside of the European Economic Area.
• Any other information required under the GDPR
Posting a privacy policy gives visitors more clarity about your use of their information.
Where can I get more information about the GDPR?
Regulators within the EU and UK provide specific guidance on the GDPR and Cookies. You can view their documentation here:
• The European Data Protection Board (EDPB)
• Official EU GDPR website
• Bundesministerium des Innern (Germany)
• Commission Nationale de l’Informatique et des Libertés (France)
• Data Protection Commission (Ireland)
• Information Commissioner’s Office (UK)
• Agencia Española de Protección de Datos (Spain)
• Full text of the GDPR
Updated: June 2022
All collection, processing, and use (hereafter “usage”) of data by InfluencerSoft is exclusively for the purposes of providing the InfluencerSoft services (hereafter “services”). The services have been designed with the goal of collecting as little personal data as possible to function. By “personal data”, we mean all particulars related to an identified or identifiable natural person (the “data subject”).
The following statements describe which types of data we collect when you use our services, what happens with this data, and how you can object to this data processing, where applicable.
Data Controller and Owner
For the purposes of the EU General Data Protection Regulation (GDPR) (EU) 2016/679, the responsible entity is:
InfluencerSoft LLC (DBA - InfluencerSoft); +1(844)331-0950, support@influencersoft.com
7486 La Jolla Blvd. #507
La Jolla, CA 92037
United States
Definitions
“Our Website(s)” and “InfluencerSoft Websites” refers to any website owned and/or operated by InfluencerSoft LLC (as listed above), especially InfluencerSoft.com
User is the individual using software InfluencerSoft, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
What Data we Collect
When you visit our website, our server temporarily saves details of your access in its logs. These logs contain the following data, and are kept until their automatic deletion:
The IP address of the computer making the request
The date and time of your request
The requested URI
The amount of data transferred to you in response
Whether the request was successfully processed or not
Identifying data about the browser and operating system you use
The referring website from which you made the request
The name of your Internet Service Provider
The purpose of recording this data is to make it possible to serve the website to you (by establishing a TCP/IP connection), to secure our servers, the technical administration of our infrastructure as well as the optimisation of our services. Only in the case of unauthorised access or attacks on our infrastructure will your IP address be analysed.
No further information is required from you in order to access our website.
Among the types of Personal Data that InfluencerSoft collects from User, by itself or through third parties, there are:
• First Name & Last Name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Password
• Cookie and Usage Data, IP address.
Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.
The Personal Data may be freely provided by the User, or collected automatically when using InfluencerSoft .
Any use of Cookies – or of other tracking tools – by InfluencerSoft or by the owners of third party services used by InfluencerSoft , unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
Failure to provide certain Personal Data may make it impossible for InfluencerSoft to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through InfluencerSoft and confirm that they have the third party’s consent to provide the Data to the Owner.
The use of the Data processed by the Service
All Data processed via the analysis conducted by InfluencerSoft are used by InfluencerSoft only for the purpose of providing the service to the Users. Such Data will not be transferred or sold by InfluencerSoft to any third party, nor will it be used by the Owner for any purpose connected to InfluencerSoft ’s own business. The Owner reserves the right to aggregate the Data imported on the application by the different InfluencerSoft Users, for the purpose of creating anonymized aggregated metrics.
Securing your Data
In order to secure your data we have put in place technical and organisational measures which meet the requirements of the GDPR, and require any third-party service providers we use to do the same.
When we use third parties to provide the services, for example infrastructure service providers, these third parties are only engaged after a comprehensive review.
Your data is only ever saved on secure servers, which may only be accessed by a few authorised personnel.
Third-Party Service Providers in non-EEA Countries
In order to provide our services, we use third-party services located outside the European Economic Area. Where such transfer occurs, InfluencerSoft ensures that such transfer occurs under the necessary legal provisions as required by the applicable legislation in order to provide for an adequate level of protection of Your Personal Data (e.g. adequacy decision of the EU commission (e.g. EU-US Privacy Shield), binding corporate rules, or EU standard contractual clauses)
Use of Cookies
In addition to the previously listed data, cookies will be saved on your computer when you use our website. Cookies are small pieces of textual data which are saved on your hard disk by your web browser, through which InfluencerSoft , who sets the cookie’s contents, can collect certain information about you. Cookies cannot execute any code, nor transfer any viruses to your computer. We use them in order to anonymously or pseudonymously analyse the use of the website, and present relevant offers to you.
This website uses the following types of cookies, whose scope and functionality is detailed in the following paragraphs.
Transient cookies are automatically deleted when you close your browser. They are used particularly as session cookies. These save a so-called “session ID” which is used to link subsequent requests made by your browser to each other. Through this, your computer can be recognised when you return to our website. These session cookies are deleted, when you log out, or close your browser.
Persistent cookies are only deleted after a predetermined duration, which can be different for each cookie. You can delete these persistent cookies anytime, though the “Settings” configuration of your browser. We advise you, that if you do so, that not all functionality of this website will be available.
The placement of cookies on your computer can be prevented through the relevant settings of your internet browser. Previously set cookies can also be deleted through the settings of your browser. We advise you that preventing the placement of cookies on your computer can mean that not all functionality of our website are available without limitations.
Website Registration
The data subject can register on the website. For this to take place, it is required that the data subject enter their details in the “Start Your Free Trial” form. The data given by the data subject to register will solely be used for registration, and not passed to any third parties unless InfluencerSoft has a lawful ground to do so. In the course of registration on our website, your IP address, date and time of access will be recorded, in order to prevent any potential misuse. During, or after the registration, the data subject is free to alter their personal data. It is also possible for the data subject to completely cancel their registration, so that all personal data is deleted.
Third-party services
Zendesk
InfluencerSoft uses Zendesk. This is a customer service platform provided by Zendesk, Inc. and enables us to provide support to our customers and users by offering means to contact InfluencerSoft .
The responsible entity is:
Zendesk, Inc., 1019 Market Street, 6th Floor, San Francisco, California 94103 USA
If a user chooses to contact InfluencerSoft , either by emailing support [at] InfluencerSoft.com, or any other email address associated with our Zendesk account; or by submitting a ticket through the contact form on our website or the Zendesk Webwidget, the content that the user chooses to submit is transferred to Zendesk’s servers located in the United States, and saved there. The content and metadata of your messages are submitted by Zendesk to InfluencerSoft. Zendesk may give this information to further parties where legally required to do so, or these parties are contracted to by Zendesk.
You can find further information about Zendesk’s data processing and data protection at:
https://www.zendesk.com/company/customers-partners/privacy-policy
Intercom
InfluencerSoft uses Intercom to notify users of new features in our product. We also use Intercom to manage information about our customers and leads.
The responsible entity is:
Intercom R&D Unlimited Company,
2nd Floor, Stephen Court,
18-21 St. Stephen’s Green,
Dublin 2, Republic of Ireland
Personally identifiable information, including name, email address, phone number and location & country is submitted to Intercom’s servers and saved there when a user chooses to sign up to the InfluencerSoft Application, to sign up for an event hosted or sponsored by InfluencerSoft , or to subscribe to notifications about new product features and other information from InfluencerSoft .
The option to subscribe to notification is made possible through the use of JavaScript and cookies. Information obtained via the cookies and / or the JavaScript widget, including IP address, browser version, OS version, activity data, usage information, transaction information and plan details is transferred to Intercom’s servers and saved there.
Other information, including IP address, browser & OS version, and timestamps, is submitted to Intercom when a user loads resources embedded in, or a link contained an email sent through Intercom.
The analyses of your actions on our website and with the notifications sent through Intercom is transferred to us in the form of reports. Intercom may give any of your information to further parties where legally required to do so, or these parties are contracted to by Intercom.
You can find further information about Intercom’s data processing and data protection at:
https://www.intercom.com/terms-and-policies#privacy
InfluencerSoft has integrated Facebook into its website.
The responsible entity for Facebook is:
Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States.
When a data subject lives outside the United States or Canada, and Facebook undertakes data processing, the responsible entity is:
Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
If the user is logged into a Facebook account (even if it is not their own account) at the same time that they access they InfluencerSoft website, Facebook will additionally receive a notification that they have visited InfluencerSoft ’s website. Facebook collects this information, so the theoretical possibility exists that it could associate it with the Facebook account. The same also applies to the “Like” button, or to the usage of Facebook comment forms; Facebook could associate this information with the logged-in Facebook account.
To prevent this, you can log out of any Facebook accounts prior to visiting the InfluencerSoft website. To do this, you must visit the Facebook website.
For further information relating to data protection and Facebook, please see:
https://facebook.com/about/privacy
Google AdSense
InfluencerSoft uses Google AdSense, a service provided by Google Inc that enables us to advertise to previous visitors of our website and allows us to track the effectiveness of these ads.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The display of ads and measurement of their effectiveness is made possible through the use of cookies and clear gifs. Information obtained via these cookies and / or clear gifs is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google.
You may opt-out of targeted advertising through Google AdSense by visiting: https://www.google.com/ads/preferences
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
Google Analytics
Our website uses Google Analytics. This is a service of Google Inc (hereafter “Google”) which analyses website access, and enables us to improve our site.
The responsible entity is:
Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA, 94043, United States
The analysis of your use of our website is made possible through the use of cookies. Information obtained via these cookies is transferred to Google servers located in the United States, and saved there. The analyses of your actions on our website is transferred to us in the form of reports. Google may give this information to further parties where legally required to do so, or these parties are contracted to by Google. The Google tracking on our website uses the “anonymizeIp()” function, which truncates the transmitted IP addresses so as to prevent the direct identification of any individual users.
You can stop the placement of Google Analytics cookies on your computer through the settings of your web browser. If you do so, we cannot guarantee that all the functions of our website will be fully available to you. You may also stop the placement of cookies through the use of browser extensions, such as:
https://tools.google.com/dlpage/gaoptout
You can find further information about Google’s data processing and data protection at:
https://policies.google.com
And
https://www.google.com/analytics/terms
CloudFlare Inc.
CloudFlare is a monitoring service provided by CloudFlare Inc. that is used for monitoring service uptime and availability. Information that CloudFlare collect includes items such as IP addresses, DNS log data, and website performance data derived from browser activity. Place of processing: USA - Privacy Policy
Hetzner Online GmbH
InfluencerSoft uses Hetzner hosting to maintain the service databases.
The responsible entity is:
Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany
You can find further information about Hetzner Privacy Policy:
https://www.hetzner.com/rechtliches/datenschutz
Stripe
InfluencerSoft uses Stripe to process payments for some of our existing customers and provide billing information to these customers.
The responsible entity is:
Stripe, Inc
185 Berry Street,
Suite 550,
San Francisco, CA 94107
For those existing customers who are billed with Stripe, the following data is sent, and stored by Stripe:
Your name and email address
Details of your payment method (credit card number, expiry date, CVC)
Your IP address, and the time and date of your transaction
Your billing address
If you wish to avoid sending your data to Stripe, you can do so by not signing up for a paid InfluencerSoft plan. If you do so however, your ability to use InfluencerSoft ’s functions could be severely reduced.
You may find further information about Stripe’s data processing and data protection here:
https://stripe.com/us/privacy
Changes to this Privacy Policy
InfluencerSoft reserves the right to update this Privacy Policy from time to time without notice. Any changes are effective when we post the updated Policy on our website. We recommend that you regularly check back. We may provide you with notices about changes to this Privacy Policy if you are a registered user of the InfluencerSoft Application.
Contact
Should you have further questions, or wish to make contact with us, you can write us an email to support [at] InfluencerSoft.com. When you do so, the data required to answer your query will be automatically saved and processed. Your data will not be transferred to third parties unless InfluencerSoft has a lawful ground to do so.
Deletion of Personal Data
InfluencerSoft only keeps and processes personal data for so long as it is necessary. When the purpose of the data processing has been fulfilled, your personal data will be deleted in accordance with our data retention policy, unless we are legally required to retain it.
Right to Access, Change, or Delete Personal Data
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
Right to Access
Customers have the right to know what personal data about them is included in the databases and to ensure that such personal data is accurate and relevant for the purposes for which InfluencerSoft collected it. customers may review their own personal data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and InfluencerSoft policies. Upon reasonable request InfluencerSoft allows customers access to their personal data, in order to correct or amend such data where inaccurate. Customers may edit their personal data by logging into their account profile or by contacting InfluencerSoft by phone or email. In making modifications to their personal data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of personal data, customers should submit a written request to support [at] InfluencerSoft.com.
Requests for Personal Data
InfluencerSoft will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the personal data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If InfluencerSoft receives a request for access to his/her personal data from an customer, then, unless otherwise required under law or by contract with such customer, InfluencerSoft will refer such Data Subject to the customer.
Satisfying Requests for Access, Modifications, and Corrections
InfluencerSoft will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate personal data.
Questions, Complaints, Dispute Resolution
InfluencerSoft commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy policy should first contact InfluencerSoft at: support [at] InfluencerSoft.com. Additionally, you always have the right to make a complaint to the relevant authorities (https://ico.org.uk/) regarding our processing of your personal data.
How you can exercise your rights
Should you wish to exercise any of these rights, you will need to provide proof of identification that you are the person to whom the data relates. The data you will receive includes data we have related to you, the source of that data, the recipients, or types of recipients to whom the data was transferred, and the purposes for which the data was stored. To exercise these rights, please contact our support at support [at] InfluencerSoft.com
Our responsibilities as a Data Processor
As a technical services provider who stores the personal information of EU citizens on behalf of Data Controllers, we have certain responsibilities under GDPR which we comply with, including:
Managing Data Processing - InfluencerSoft has clear documentation on where our data comes from, how it is stored, and where it goes after we get it. InfluencerSoft will only process personal data on instructions from the controller, and inform the controller if it believes said instruction infringes on the GDPR (28.3)
Accountability and Governance - InfluencerSoft takes extraordinary steps to secure your data, ensure stability and uptime, manage data backup and disaster recovery, and regularly test security (32.1)
Authorized Use of Sub-Processors - InfluencerSoft uses subprocessors as a routine part of offering our service. It is our responsibility to ensure our subcontractors comply with GDPR, and we will comply with those rules. As a Data Controller, your agreement to our use of sub-processors is part of our legal Terms of Service and required to be an InfluencerSoft user. We maintain a list of sub-processors here for your review in our Privacy Policy (28.2)
Applicability
This privacy policy only applies to you if and to the extent InfluencerSoft and the services process your controlled data on your behalf. This privacy policy does not apply to you if:
(a) your covered data does not include any personal data; or
(b) data protection laws do not apply to your covered data.
You agree that InfluencerSoft is not responsible for personal data that you have elected to process through third-party services or outside of the services, including the systems of any other third-party cloud services, offline or on-premises storage.
Details of Data Processing
The subject matter of the data processing under this privacy policy is your controlled data. As between you and us, the duration of the data processing under this privacy policy is determined by you. The purpose of the data processing under this privacy policy is the provision of the services initiated by you from time to time. In connection with providing the services, we may process your controlled data for business purposes such as:
(a) maintaining and servicing your account(s);
(b) serving and rendering your websites to end users;
(c) enabling you to transact and communicate with your end users;
(d) providing analytics, auditing or verifying events related to your end users’ visits to your websites;
(e) ensuring the security and integrity of the services; and
(f) debugging, and improving the services.
Your controlled data relating to you, your end users or other data subjects whose personal data is included in covered data which is processed as part of the services in accordance with instructions given through the services.
Processing Roles and Activities
You are the controller and InfluencerSoft is the processor of your controlled data.
InfluencerSoft may also be an independent controller for some personal data relating to you or your end users. We decide how to use and process that personal data independently and use it for our own purposes. When we process personal data as a controller, you acknowledge and confirm that the agreement does not create a joint-controller relationship between you and us. If we provide you with personal data controlled by us, such as in any access to data regarding your end users’ interactions with your site, you receive that as an independent data controller and are responsible for compliance with data protection laws in that regard.
We will process your controlled data for the purpose of providing you with the services, as may be used, configured or modified through the services (the “purpose”). For example, depending on how you use the services, we may process your controlled data in order to:
(a) enable you to integrate content or features from a social media platform on your site; or
(b) email your end users on your behalf.
You will ensure that your instructions comply with all laws, regulations and rules applicable in relation to your controlled data (including data protection laws) and that your controlled data is collected lawfully by you or on your behalf and provided to us by you in accordance with such laws, rules and regulations. You will also ensure that the processing of your controlled data in accordance with your instructions will not cause or result in us or you breaching any laws, rules or regulations (including data protection laws). You are responsible for reviewing the information available from us relating to data security pursuant to the agreement and making an independent determination as to whether the services meet your requirements and legal obligations as well as your obligations under this privacy policy. InfluencerSoft will not access or use your controlled data except as provided in the agreement, as necessary to maintain or provide the services or as necessary to comply with the law or binding order of a governmental, law enforcement or regulatory body.
Our Processing Responsibilities
We will process your controlled data for the purpose and in accordance with the agreement or instructions you give us through the services. We will not “sell” or “share” (as such terms are defined under US Data Protection Laws) your controlled data. You agree that the agreement and the instructions given through the services are your complete and final documented instructions to us in relation to your controlled data. Additional instructions outside the scope of this privacy policy require prior written agreement between you and us, including agreement on any additional fees payable by you to us for carrying out such instructions. We will promptly inform you if, in our opinion, your instructions infringe data protection laws, or if we are unable to comply with your instructions. We will notify you when applicable laws prevent us from complying with your instructions, except if such disclosure is prohibited by applicable law on important grounds of public interest, such as a prohibition under law to preserve the confidentiality of a law enforcement investigation or request.
To the extent you and your controlled data are subject to the CCPA (such personal data, “CCPA data”), with respect to such CCPA data:
(a) InfluencerSoft acts as a “service provider” and you are a “business” (as such terms are defined under the CCPA); and
(b) InfluencerSoft and you shall comply with our and your respective obligations under the CCPA. InfluencerSoft will not use your controlled data outside of its direct business relationship with you, or for purposes other than the business purpose, unless otherwise permitted by the CCPA. Notwithstanding the foregoing, you agree that in accordance with the CCPA, InfluencerSoft may:
(i) use CCPA data internally to build and improve the quality of the services; or
(ii) combine personal data of the end users of you or other businesses for which InfluencerSoft is a service provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined personal data includes IP addresses, preferences, web pages visited prior to coming to your or another business’ website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how end users interact with your or another business’ website (such as timestamps, clicks, scrolling, browsing times and load times).
We will provide you notice without undue delay after becoming aware of and confirming the occurrence of a breach for which notification to you is required under data protection laws. We will, to assist you in complying with your notification obligations under data protection laws (including Articles 33 and 34 of the GDPR), provide you with such information about the breach as we are reasonably able to disclose to you, taking into account the nature of the services, the information available to us and any restrictions on disclosing the information such as for confidentiality. Our obligation to report or respond to a Breach under this policy is not and will not be construed as an acknowledgement by InfluencerSoft of any fault or liability of InfluencerSoft with respect to the breach. Despite the foregoing, InfluencerSoft’s obligations under this policy do not apply to incidents that are caused by you, any activity on your Account(s) and/or third party services.
We will provide you notice, if permitted by applicable law, upon receiving:
(a) an inquiry or complaint from an end user or other individual whose personal data is included in your controlled data; or
(b) a binding demand (such as a court order or subpoena) from a government, law enforcement, regulatory or other body in respect of your controlled data.
We will, to the extent that you cannot reasonably do so through the services or otherwise, provide reasonable assistance to you in respect of your fulfillment of your obligation as controller to respond to requests by data subjects under data protection laws (including Chapter 3 of the GDPR), taking into account the nature of the services and information available to us. To the extent required by data protection laws, you may ask us to assist you by verifying that we no longer retain or use any of your controlled data related to a data subject who has made a valid request to you to delete their personal data. You will be responsible for our reasonable costs arising from our provision of any such assistance.
We will maintain the security measures and the safeguards set out here. We may change or update the security measures or safeguards but will not do so in a way that adversely affects the security of your controlled data. We will take steps to ensure that any natural person acting under our authority who has access to your controlled data does not process it except on our instructions, unless such person is required to do so under applicable law, and that personnel authorized by us to process your controlled data have committed themselves to relevant confidentiality obligations or are under an appropriate statutory obligation of confidentiality.
You agree that we can share your controlled data with sub-processors in order to provide you the services. We will impose contractual obligations on our sub-processors, and contractually obligate our sub-processors to impose contractual obligations on any further sub-contractors which they engage to process your controlled data, which provide the same level of data protection for your controlled data in all material respects as the contractual obligations imposed in this privacy policy, to the extent applicable to the nature of the services provided by such sub-processor. A list of our current sub-processors is available upon request by sending an email to support@InfluencerSoft.com. Provided that your objection is reasonable and related to data protection concerns, you may object to any sub-processor by sending an email to support@influencersoft.com. If you object to any sub-processor and your objection is reasonable and related to data protection concerns, we will use commercially reasonable efforts to make available to you a means of avoiding the processing of your controlled data by the objected-to sub-processor. If we are unable to make available such suggested change within a reasonable period of time, we will notify you and if you still object to our use of such sub-processor, you may cancel or terminate the services or, if possible, the portions of the services that involve use of such sub-processor. Except as set forth in this policy, if you object to any sub-processors, you may not use or access the services. You consent to our use of sub-processors as described in this policy. Except as set forth in this policy or as you may otherwise authorize, we will not permit any sub-processor to access your controlled data. InfluencerSoft will remain responsible for its compliance with the obligations of this privacy policy and for any acts or omissions of any sub-processor or their further sub-contractors that process your controlled data and cause InfluencerSoft to breach any of InfluencerSoft’s obligations under this privacy policy, solely to the extent that InfluencerSoft would be liable under the agreement if the act or omission was InfluencerSoft’s own.
InfluencerSoft may (where required by data protection laws) use external or internal auditors to verify the adequacy of our Security Measures or as otherwise required by Data Protection Laws.
You agree to exercise any right you may have to conduct an audit or inspection by instructing InfluencerSoft to carry out the audit described herein. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such report or outcome from such audit with you and that we may redact any such reports as we consider appropriate. If InfluencerSoft does not follow such instruction or if it is legally mandatory for you to demonstrate compliance with data protection laws by means other than reviewing a report from such an audit, you may only request a change in the following way:
a. First, submit a request for additional information in writing to InfluencerSoft, specifying all details required to enable InfluencerSoft to review this request effectively, including without limitation the information being requested, what form you need to obtain it in and the underlying legal requirement for the request (the “request”). You agree that the request will be limited to information regarding our security measures or as otherwise required by data protection laws.
b. Within a reasonable time after we have received and reviewed the request, you and we will discuss and work in good faith towards agreeing on a plan to determine the details of how the request can be addressed. You and we agree to use the least intrusive means for InfluencerSoft to address the request, taking into account applicable legal requirements, information available to or that may be provided to you, the urgency of the matter and the need for InfluencerSoft to maintain uninterrupted business operations and the security of its facilities and protect itself and its customers from risk and to prevent disclosure of information that could jeopardize the confidentiality of InfluencerSoft or our users’ information.
You will pay our costs in considering and addressing any request. Any information and documentation provided by InfluencerSoft or its auditors pursuant to this policy will be provided at your cost. If we decline to follow any instruction requested by you regarding audits or inspections, you may cancel any affected paid services.
Upon your reasonable requests to us for information regarding our compliance with the obligations set forth in this privacy policy, we shall, where such information is not otherwise available to you, provide you with written responses, provided that you agree not to exercise this right more than one (1) time per calendar year (unless it is necessary for you to do so to comply with data protection laws). The information to be made available by InfluencerSoft under this policy is limited to solely that information necessary, taking into account the nature of the services and the information available to InfluencerSoft, to assist you in complying with your obligations under applicable data protection laws in respect of data protection impact assessments and prior consultation. You agree that you may be required to agree to a non-disclosure agreement with InfluencerSoft before we share any such information with you.
You can delete or access a copy of some of your controlled data through the services. For any of your controlled data which may not be deleted or accessed through the services, upon your written request, we will, with respect to any of your controlled data in our or our sub-processor’s possession that we can associate with a data subject, subject to the limitations described in the agreement and unless prohibited by applicable law or the order of a governmental, law enforcement or regulatory body:
(a) return such data and copies of such data to you provided that you make such request within no more than ninety (90) days after the cancellation of the applicable paid services; or
(b) delete, and request that our sub-processors delete, such data (excluding in the case of (a) or (b) any of such data which we maintain in order to comply with applicable law or as otherwise set forth in the agreement). Otherwise, we will delete your controlled data in accordance with our data retention policy.
Data Transfers
This section of the policy only applies to you to the extent your controlled data includes personal data of data subjects located within the EEA, United Kingdom or Switzerland.
Taking into account, in particular, the security measures and safeguards provided for in this privacy policy and the specific circumstances, you authorize InfluencerSoft to transfer your controlled data away from the country in which such data was originally collected to other countries globally in which InfluencerSoft or any sub-processors operate, including in particular, to the US.
Unless such transfer is otherwise permitted under European data protection laws, transfers to a sub-processor in any country not recognized under European data protection laws as providing an adequate level of protection for your controlled data shall proceed pursuant to
(a) the processor to processor (module 3) standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR and approved by the European Commission decision 2021/914, dated 4 June 2021 (and with respect to the UK, the international data transfer addendum to the European Commission’s standard contractual clauses approved by the Information Commissioner’s Office, effective March 21, 2022); or
(b) such other standard contractual clauses for the transfer of personal data to third countries that are recognized under the applicable European data protection laws in the EEA, UK or Switzerland. In order to facilitate an efficient and coordinated service, all communication with InfluencerSoft and any sub-processor (including InfluencerSoft, Inc.) in connection with such standard contractual clauses will, to the extent possible, be coordinated and directed through InfluencerSoft.
Liability
The liability of each party under this privacy policy is subject to the exclusions and limitations of liability set out in the agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by InfluencerSoft. in relation to your controlled data that arise as a result of, or in connection with, your failure to comply with your obligations under the agreement, this privacy policy or data protection laws shall reduce as applicable, InfluencerSoft's maximum aggregate liability to you in the same amount as such regulatory penalties, claims and/or liability incurred by us as a result.
Miscellaneous
You are responsible for any costs and expenses arising from InfluencerSoft's compliance with your instructions or requests pursuant to the agreement (including this privacy policy) which fall outside the standard functionality made available generally through the Services.
Modifications to this Privacy Policy
We may modify this privacy policy from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we may notify you in accordance with the procedures set forth in our Terms of Service. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified privacy policy. If you disagree with our changes, then you must stop using the applicable services and cancel the applicable paid services.
GDPR best practices for InfluencerSoft
While we can’t offer legal advice, here are some best practices that will help you get started with your GDPR compliance.
Personal data audit
Review your website, your scheduler, and other InfluencerSoft products and look for areas where you collect personal data, bearing in mind the modified the GDPR definition of “personal data.”
Some questions to consider:
• Do you collect personal data via products using third-party services? (e.g., Google Analytics, a form block connected to Mailchimp and Google Drive). You should read the privacy policies of those services.
• Do you download or export data from your products into another system?
• Do you combine the personal data you collect with other sources of data?
• Are you gathering information you don’t need?
Create (or update) your privacy policy
After you’ve identified your data collection activities, the GDPR requires that you provide specific information to individuals whose personal data you're collecting and processing. Posting a privacy policy gives visitors more clarity about your use of their information. Consider making a privacy policy page on your site or scheduler that documents:
• What information you collect
• Why you collect that information
• Who you share that information with
• How long you'll store that information
• If you intended to transfer such information outside of the European Economic Area.
• Any other information required under the GDPR
Posting a privacy policy gives visitors more clarity about your use of their information.
Where can I get more information about the GDPR?
Regulators within the EU and UK provide specific guidance on the GDPR and Cookies. You can view their documentation here:
• The European Data Protection Board (EDPB)
• Official EU GDPR website
• Bundesministerium des Innern (Germany)
• Commission Nationale de l’Informatique et des Libertés (France)
• Data Protection Commission (Ireland)
• Information Commissioner’s Office (UK)
• Agencia Española de Protección de Datos (Spain)
• Full text of the GDPR
Updated: June 2022