1. WHO ARE WE?
We are Linkfluence S.A.S. (“we”, “us”, “our” or “Linkfluence”), a provider of “social listening” and market intelligence services, through our proprietary platform “Radarly” (together, the “Services”). Think of your preferred online search engine, only specializing in social interactions on the Internet, with the ability to analyze the results.
To provide our Services, we crawl various sources on the Internet (e.g. websites, blogs, forums, social networks) and collect publicly available information, including personal data. Then, we analyze and index such information and save the results. We only use information published or made publicly available by Web Users on the Internet. Please note that Linkfluence does not collect nor process information which access is private or technically restricted, i.e. that is not generally publicly available on the Internet, regardless of the source.
2. HOW WE COLLECT DATA
2.1 Concerning Web Users
Depending on the source and restrictions which may apply (e.g. what you choose to make available or what the Internet source makes available), the data we collect about Web Users encompasses the following information. Please keep in mind that such information is only information you disclosed on the Internet and which is publicly available therefrom:
• your name, username, pseudonym or other identifier;
• your profile picture;
• content you published using that name, username, pseudonym or other identifier, including e.g. posts, comments, expressions, opinions;
• other images or videos that you post or interact with;
• your location, as provided to us by any third-party website, page, forum, social network that shares such data with us, subject to your choices and preferences on such third-party website, page, forum, social network;
• any other information you made generally available on a website, page, forum, social network we are authorized to crawl or that shares data with us.
In addition to the data you disclosed or made publicly available on the Internet (or the third-party site or service made available), we may also use that information to infer other information about you. For example, we infer your centers of interest, your profession, your influence on a certain topic based on the information you published and your interactions on the Internet.
Please note that we do not collect or try to infer from information we collect, any information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and sexual orientation.
2.2 Concerning Customers
If you register (or are registered by or on behalf of your employer) as a Customer, we will collect your full name, your corporate email, the company you work for and other data necessary to the Services we provide.
We indicate whether data we request is mandatory or optional and consequences of your refusal to provide such information. If you refuse to provide information that we indicated is mandatory, we may be unable to provide you certain Services.
In order to constantly improve our Services, we also collect data concerning your use of the Services, e.g. how you browse our platform, your search queries on the platform, how often you request reports, regarding which topic.
If order to provide our Customer support service, improve our answers and learn about your and other Customers’ needs, we collect data when you contact our support service or connect to our online helpdesk using your confidential Radarly credentials.
In addition, we collect information relating to the devices you use to access our Services, including the type of device (desktop, mobile), operating system, web browser type, mobile device identifier and mobile operating system, internet service provider or mobile carrier details, IP or MAC address.
3. FOR WHICH PURPOSES DO WE USE DATA?
We process data about Web Users and Customers on the basis of our legitimate interest for purposes of providing our Services and improving our Services and the way we provide them, including the accuracy of our market intelligence as well as our technical capabilities.
Of course, we also process personal data in order to comply with the legal and regulatory requirements bearing on us, for instance to comply with our accounting obligations or answer requests we may receive from judicial or administrative authorities.
We send service communications to our Customers via email, or directly via the Services, e.g. to confirm the implementation of a feature you requested or informing you of a scheduled maintenance on the Services. We may also send you commercial communications pertaining to our Services. Furthermore, we may send commercial communications on your corporate email address even if you or your employer is not one of our customers. In any event, you can opt out of receiving commercial communications on your corporate email address using the link provided in any such commercial communication we send. However, please note that you cannot opt out of receiving service communications, as these are necessary to provide our Services.
We collect data Web Users publish or otherwise make publicly available on the Internet, analyze such data and provide our analysis to our customers only, as part of our Services, like a marketing research agency which would collect information in order to understand consumers’ needs and expectations for the purposes of improving existing services or developing new ones. For instance, we may collect that written post and photograph you posted on a social network, stating that you love this new bag you just bought and that you recommend it. As part of the Services we provide to the manufacturer of that bag or its representative, we will mark that post as positive toward that bag’s manufacturer reputation on the Internet.
4. HOW WE SHARE DATA
We share information, including personal data, in various ways and with various recipients. When doing so, we always protect your personal data by ensuring that adequate and contractually binding technical and organizational measures are adopted to safeguard your privacy and comply with our legal obligations. In any event, we prohibit the recipients from publicly sharing information we may provide them with.
• We share data with legal entities we control, that controls us or under common control with us (“Affiliates”) located inside and outside of the European Union, as necessary to provide our Services;
• We share data with our customers, who may access such data from our Services. Our standard service agreements require our customers to comply with any applicable legal and regulatory requirement, including data protection and privacy laws as well as intellectual property and author rights (notably with respect to photos and images), when using our Services and accessing data;
• We share data with our business partners and providers, as necessary for them to perform the service they provide us with and under our instructions, or for the performance of the agreements we enter with them.
The above-specified sharing of information sometimes involves cross-border data transfers. For instance, where Customers or Web Users are located in the European Union, their personal information may be transferred to countries outside of the European Union. In any event, we use standard contract clauses approved by the European Commission or other suitable safeguard, as provided by applicable law, to perform data transfers from the European Union to other countries. Standard contractual clauses are commitments drafted by the European Commission that apply between companies transferring personal data, binding them to protect the privacy and security personal data they transfer.
5. HOW WE HANDLE DATA
Linkfluence is committed to protecting the privacy of all our Customers and of Web Users. We implement and maintain organizational and technological to protect personal data during processing and retention, to ensure that personal data is not retained any longer than necessary to provide our Services and comply with legal requirements.
We do our best to collect and process data that is accurate and keep it up-to-date. However, since data we collect is publicly available information on the Internet, we advise that you first rectify that data on the original service or site on which you first published it.
If you are a Web User and wish to notify us about inaccurate or outdated data, please contact us using the contact details provided in Section 7 below.
If you are a Customer, please contact your employer or Service administrator, who will be able to update or rectify inaccurate or outdated personal data concerning you.
We will retain data about you for as long as it is necessary for us to provide the Services, or to comply with our legal obligations.
We retain the information necessary to provide our Services during seven years from the date we collected it. In addition, we will delete data concerning you prior to the expiry of this seven years period if you request us to do so, or if you deleted it from the third-party site or service on which you first published it (where such deletion is possible or allowed) and you notified that removal to us.
We delete data about Customers after a five-year period starting from the moment your employer ceases to use the Services.
We have implemented and maintain appropriate administrative, technical and physical controls that are designed to safeguard ay information we process, including industry-standard encryption technology.
We also ensure that our providers which may access or process your data under our instructions are bound by contractual requirements to implement and maintain similar controls.
6. YOUR RIGHTS
Pursuant to applicable data protection and privacy laws, you have a number of rights that you may exercise upon personal data concerning you. Some restrictions may apply to Customers’ data. Generally, you may:
• Ask if we hold personal data concerning you,
• Request access to the personal data concerning you that we hold and, as the case may be, request that we update, rectify or erase such personal data;
• Request that we refrain from using personal data concerning you in the future;
• If you reside within the European Union, you have the right to ask for a copy of your personal information. Please note that such a request is limited to the only personal information you provided us with and that we hold at that given time and subject to any relevant legal requirements and exemptions.
In respect of the above rights, in order to comply with legal requirements pertaining to privacy, we will verify your identity and may require that you provide additional information before we enforce your rights.
Please note that we may be required by law to retain data, and therefore will not erase or rectify such data. For instance, we are required by applicable law to retain certain data for accounting and financial compliance reasons.
If you are a Web User, please refer to the contact details provided in Section 0 to exercise any right listed above.
If you are a Customer (which means your employer is a customer of Linkfluence’ Services): please first request access to your personal data with your employer. Your employer will then be in touch with us with respect to your request.
7. QUESTIONS OR COMPLAINTS
Linkfluence Data Protection Officer
Phone: +33 1 80 400 800
Attention: Data Protection Officer
5, rue Choron
If you are not satisfied with our answer or the way Linkfluence manages your personal data, you have the right to lodge a complaint with a data protection supervisory authority. If you reside within the European Union, you may lodge a complaint with your local data protection authority. The appropriate data protection authority is the authority having jurisdiction over data protection and privacy in the country in which you live. A list of national data protection authorities can be found here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
8. GOVERNING LAW AND JURISDICTION
9. REVISION OF THIS POLICY