TALENT UP SOURCING S.L. – Website and Platform Privacy Notice

TALENT UP SOURCING S.L. (along with each of TALENT UP SOURCING S.L.'s Corporate Affiliates (as defined below), collectively, "TalentUp", “we”, “us” or “our”) respects your privacy and is committed to protecting your Personal Data. Notwithstanding the foregoing, to the extent any provision of this privacy notice applies to transfer data (as defined below), references to "TalentUp", “we”, “us” or “our" shall refer solely to TALENT UP SOURCING S.L. (and not to any of TalentUp's Corporate Affiliates).

Background

This privacy notice sets out the basis on which any Personal Data we collect from or about you, or that you provide to us, including through talentup.io and any sub-domain thereof (“our website”), will be processed by us in accordance with applicable Data Protection Laws.> TalentUp's Influencer Privacy Notice. Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.

Our website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Platform Users

If an organization with which you are associated (an “Organization”) signs up to use our Platform, we may receive Personal Data about you in connection with our provision of the Platform to your Organization. To the extent we process that Personal Data solely in order to provide the Platform to your Organization, under the GDPR, to the extent applicable, we will act as a processor (as defined in the GDPR) on behalf of your Organization in respect of that Personal Data; this privacy notice will not apply to the processing of that Personal Data and your Organization will act as a controller (as defined in the GDPR) in respect of that Personal Data and is responsible for obtaining all necessary consents and providing you with all requisite information as required by Applicable Law. To the extent we process your Personal Data for any other lawful business purpose of ours, under the GDPR, to the extent applicable, we will act as a controller of such Personal Data and this privacy notice will apply to the processing of such Personal Data. For clarification but not limitation, information we process for our legitimate business purposes, such as product development, sales and marketing, is not processed solely on behalf of your Organization.

TERMS

1. Definitions

In this privacy notice the following words and phrases shall have the following meanings:

“Applicable Law” means (a) any law, statute, regulation, bylaw or subordinate legislation in force from time to time to which we are subject; (b) the common law and laws of equity as applicable to us from time to time; (c) any court order, judgment or decree which is binding on us; (d) any industry code, policy or standard which is applicable to us; (e) any applicable direction, policy, rule or order that is binding on us and that is made or given by any regulatory body having jurisdiction over us;

“Data Protection Laws” means any Applicable Law relating to the processing, privacy, and use of Personal Data, including but not restricted to (a) the General Data Protection Regulation (EU) 2016/679 ("GDPR") and (b) any judicial or administrative interpretation of any such Applicable Law, and any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any relevant regulatory or supervisory authority;

“Data” means information which is stored electronically, on a computer, or in certain paper-based filing systems;

“Personal Data” means any information relating to an identified or identifiable natural person (a “Data Subject”; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and where referred to in this notice includes special categories of Personal Data; and

“Platform” ‍means our Influencer Relationship Management Platform.

2. Who we are

TalentUp is based in the Spain. Our main office is at Rambla de Catalunya 38, 8 1, Barcelona 08007, Spain. We have developed and manage our market-research database and our Platform, which allow users to manage, expand, validate and scale their networks with influencers.

3. Information we collect from you

We will collect and process the following Data about you:

3.1 Information you give us

This is information about you that you give us through the use of the website and/or Platform (e.g. when you correspond with us by telephone, e-mail or otherwise, including when you report a problem with our website). The information you give us may include your name, address, e-mail address and social media username (or ‘handle’).‍‍

‍ 3.1.1 Information you may choose to provide us access to through use of the Platform. Notwithstanding the foregoing or anything else in this privacy policy, if you choose to provide us access to your Google data, our use of that data will be subject to these additional data processing restrictions (“Limited Uses”):

• 3.1.1.1We will only use access to read, write, modify or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read, and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with Applicable Law, or as part of a merger, acquisition, or sale of assets. ‍
• 3.1.1.2 We will not use this Google data for serving advertisements.‍
• 3.1.1.3 We will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with Applicable Law, or for the Platform’s internal operations when the data has been aggregated and anonymized.

3.2 Information you give us

With regard to each of your visits to our website and/or Platform we will automatically collect, or will collect through a third party acting on our behalf, the following information:

‍3.2.1 Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and your platform.

‍‍3.2.1 Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our website (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and any phone number used to call our customer service number.

3.2 Information we collect from other sources

We are working closely with, and receive Personal Data from third parties (such as business partners, sub-contractors in technical, payment and delivery services, advertising networks, social networks (Linkedin), analytics providers, search information providers and credit reference agencies). For further details about these other sources please contact us using the details provided below.

4. Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website.

5. Legal Basis for processing

We will only use your Personal Data to the extent that the law allows us to do so. Most commonly, we will use your Personal Data in the following circumstances:

1. Where processing is necessary for the performance of a contract to which you are subject or in order to take steps at your request prior to entering into a contract;
2. Where it is necessary for the purposes of our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Our legitimate interests are to provide our website to you as a part of the service provided to your organization;
3. Where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal; and/or
4. Where we need to comply with a legal or regulatory obligation.

6. Uses made of the information

We use information held about you as set out below:

6.1 Information you give to us

We will use this information:

‍6.1.1 when you subscribe to our Platform: to manage your account, including to communicate with you regarding your account;
‍6.1.2 to operate, maintain, market and improve the Platform;
6.1.3 to respond to your comments and questions and to provide customer service and support (including with respect to the Platform); and/or
6.1.4 when you make an enquiry about our services or request marketing materials to be sent to you.

6.2 Information we collect about you

We will use this information:

‍6.2.1 Personal Data derived from Public Sources. Talent Up's sourcing engine is designed for creating candidates profiles by aggregating personal information made available in variety of public sources („Public Sources“) and/or obtained from the licensed third party data Talent Up is authorized by its customers, from time to time, to source for eligible candidates in the Public Sources and consequently make personal data available to customers solely for the analysis purposes. Personal data derived from Public Sources may include: Name, Surname, social media profile, photo, title and educational background. When you create your profile in professional Public Sources you can customize your public profile setting to set limits on how much of your profile information will be displayed and to what extent search engines can access your Personal Data. You can restrict search engines from accessing your public profile by changing the certain profile settings available in the relevant Public Source. Talent Up does not verify and cannot guarantee the accuracy of any Public Sources available through the Services.
‍6.2.2 to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
6.2.3 to improve our website to ensure that content is presented in the most effective manner for you and for your computer or device and to market and improve our Platform; and
6.2.4 as part of our efforts to keep our website safe and secure.

6.3 Information we receive from other sources

We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

7. Disclosure of your information

7.1 You agree that we have the right to share your Personal Data with selected third parties including business partners, suppliers and sub-contractors in connection with our business, including without limitation to allow us to provide access to our website. Without limitation of the foregoing, we may share your Personal Data with professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

7.2 In addition to the above, we may disclose your Personal Data to third parties in the following ways:

7.2.1 in the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets and in connection with any such transaction;
7.2.2 if TalentUp or substantially all of its assets is or are acquired by a third party, in which case Personal Data held by us about our customers will be one of the transferred assets and we may disclose your Personal Data in connection with any such transaction;
7.2.3 if we discontinue our business, or file a petition or have filed against us a petition in bankruptcy, reorganization or similar insolvency petition, application or proceeding we may disclose your Personal Data to persons dealing with such discontinuation or in connection with any such petition, application or proceeding;
7.2.4 we may disclose your Personal Data to our Corporate Affiliates; for the purposes of this privacy notice: "Corporate Affiliate" means any person or entity which directly or indirectly controls, is controlled by or is under common control with TALENT UP SOURCING S.L., whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise;
7.2.5 we may disclose your Personal Data to any third party to whom we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, including without limitation public authorities to meet national security or law enforcement requirements, and regulators and other authorities who require reporting of processing activities in certain circumstances;
7.2.6 we may disclose your Personal Data to third parties with whom we may be required to communicate in order to enforce or apply our agreements with your organization and other agreements; or to protect the rights, property, or safety of TalentUp, our customers, or others; and
7.2.7 where necessary, we may disclose your Personal Data to analytics and search engine providers that assist us in the improvement and optimisation of our website.
In addition to the above, third parties may directly collect personally identifiable and non-personally identifiable information about our users’ online activities over time and across different websites.

8. Where we store your personal data

8.1 Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Data transmitted through out website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
8.2 Our external third-party providers may be based outside the European Economic Area (EEA) so their processing of your Personal Data will involve a transfer of Data outside the EEA.
8.3 Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it. Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Data the same protection it has in the EEA under the GDPR. If we rely on another basis to transfer your Personal Data outside of the EEA (such as your consent), we will keep you updated or contact you as required.
8.4 Please contact us if you want further information on the specific mechanisms used by us when transferring your Personal Data out of the EEA.

9. Third party links

Our website, from time to time, may contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.

10. Data security

10.1 We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions, and they are subject to a duty of confidentiality.
10.2 We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

11. Data retention

11.1 We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
11.2 To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

12. Your rights

Under certain circumstances and in compliance with the GDPR, you may have the right to:

‍12.1 Request access to your Personal Data (commonly known as a ‘data subject access request’). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it. You will usually not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
‍12.2 Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate Personal Data we hold about you corrected, though we may need to verify the accuracy of the new Personal Data you provide to us.
‍12.3 Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
‍12.4 Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
‍12.5 Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the Personal Data’s accuracy; (b) where our use of the Personal Data is unlawful but you do not want us to erase it; (c) where you need us to hold the Personal Data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your Personal Data but we need to verify whether we have overriding legitimate grounds to use it.
‍12.6 Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

13. How to excercise your rights

In order to exercise any of your rights please contact us using the contact details provided in section 21 of this notice.

14. What we may need from you

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

15. Time limit to respond

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

16. Right to lodge a complaint with a supervisory authority

If you have any complaints about the way in which we process your Personal Data please do contact us, as set out below in Section 21. Alternatively, you have the right to lodge a formal complaint with your data protection supervisory authority.

17. Change of purpose

17.1 We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us in the manner described in Section 21.
17.2 If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
17.3 Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

18. Do not track

The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request, using our contact details provided in Section 21 below.

19. Changes to our privacy notice

Any changes we make to our privacy notice in the future will be posted to this section of our website and, where appropriate, notified to you by e-mail. We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to ‘opt in’ to such changes. We may also make non-significant changes to this privacy notice that generally will not significantly affect our use of your personally identifiable information, for which your opt-in is not required. Please check back frequently to see any updates or changes to our privacy notice.

20. Contact us

General questions, comments and requests regarding this privacy notice are welcomed and should be addressed to our compliance team using the following email address: legal@talentup.io. For opt-out requests only, please use the following email address: support@talentup.io.

Effective as of May 25, 2018. Last updated on Sep 5, 2024.