We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site or Services. Users may be asked for, as appropriate, name, email address, mailing address, phone number, api keys, credit card information or any other information deemed necessary by us. Users may visit our Site anonymously but will not be able to enter any account restricted areas of the Site. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities or completing information we collect about you. We may also collect other data directly from you, from time to time.
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include, but is not limited to, the browser name, the type of computer IP address and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilised and other similar information.
Our legal basis for using, sharing and collecting your information is to provide our customers with Services as outlined in our Terms and Conditions. We give you a choice about how we use your information.
We will only share, use or collect your information when we have a lawful basis to do so, such as where we are fulfilling contractual obligation, consent has been given, or where there is a legitimate interest in doing so.
We will only use personal data in the way that is relevant and compatible with the purpose stated when collecting that information such as marketing, newsletters or billing. We take reasonable steps to ensure data is complete, reliable, accurate and current.
You agree that Brand Brain may collect and use Users personal information for the following purposes:
– To improve customer service.
– Information you provide helps us respond to your customer service requests and support needs more efficiently including security alerts, technical notices, support and administrative messages, and updates.
– To personalise user experience.
– We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
– To improve our Site or Services.
– We may use feedback you provide to improve our products and Services.
– To process payments, including Third-Parties contacting you with purchase confirmations, invoices, or related information.
– We may use the information Users provide about themselves when placing an order or using the Site only to provide service to that order.
– We do not share this information with outside parties except to the extent necessary to provide the service.
– To run a promotion, offer, contest, survey or other Site feature some of which may come from us or a Third-Party. You can opt out of these emails.
– To send Users information they agreed to receive about topics we think will be of interest to them.
– To send periodic emails.
– We may use the email address to send User information and updates pertaining to the Service. It may also be used to respond to their inquiries, questions, and/or other requests. If a User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or the User may contact us via our Site.
– We may use the information we collect about you and combine it with information you give to us. We will use the for the purposes included in this Agreement.
You can inform us not to contact you with information involving promotions, offers, our Services or products and those of related Third-Parties at the point the information was collected, or by following the unsubscribe information included on any communications from us.
We may however still contact you if it is in relation to our Services or a product that you have ordered, legal notices we are required to deliver, events you have registered for, inquiries you have contacted us about, and service notifications relating to your account or subscription.
We recognise how important your data is so we adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, accidental loss, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site in line with our Security Policy. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
It is understood that no system is perfect and, whilst we will use our best endeavours to prevent so, we cannot guarantee or ensure that unauthorised access, alteration, accidental loss, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site will never occur.
Our Services, which enable companies to make better decisions based on information, require for data and information to flow from the European Economic Area (EEA), Switzerland and the European Union (EU), to the United States (U.S.) or other countries and back. Those countries may not offer the same level of data protections as your country, although when we do export data as a Data Exporter, we take reasonable steps to ensure that the data is handled with adequate safeguards in place to protect your personal data. The General Data Protection Regulation, which ensures that EU personal data is adequately protected when transferred outside the EU, mandates that such transfers take place using certain legal mechanisms described in these clauses.
Our participation in the Privacy Shield applies to personal data provided by our members, customers, and business partners where such personal data is received from the European Union and Switzerland. We will comply with the Privacy Shield Principles in respect of such personal data. Our participation in the Privacy Shield does not apply at this time to our human resources data or to any other personal data not described in this statement.
Our accountability for personal data that we receive under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. We remain responsible and liable under the Privacy Shield Principles if our third-party agents process personal data on our behalf in a manner inconsistent with the Principles, unless we demonstrate that we are not responsible for the event giving rise to the damage.
We encourage you to contact us should you have a Privacy Shield-related (or general privacy-related) complaint. For any complaints that cannot be resolved with us directly, we have chosen to cooperate, for purposes of the EU-U.S. Privacy Shield, with EU data protection authorities (DPAs), and the Information Commissioners Office and comply with the information and advice provided to it by an informal panel of DPAs in relation to such unresolved complaints (as further described in the Privacy Shield Principles). Please contact us to be directed to the relevant DPA contacts. With regard to personal data transferred under the Swiss-U.S. Privacy Shield, we will cooperate with the Swiss Federal Data Protection and Information Commissioner for the resolution of such unresolved complaints. As further explained in the Privacy Shield Principles, a binding arbitration option may be used to address residual complaints not resolved by any other means. Brand Brain is subject to the investigatory and enforcement powers of the United Kingdoms Information Commissioners Office. You can submit any concerns directly to them at the website normally located at ico.org.uk/concerns.
In many cases, we will continue to use European Commission-approved Standard Contractual Clauses as a legal mechanism for data transfers from the EU (see https://ec.europa.eu/info/law/law-topic/data-protection_en). Learn more about the Standard Contractual Clauses adopted by the EU Commission. These clauses are contractual commitments between companies transferring personal data, binding them to protect the privacy and security of the data. Our parent company Kensai LTD, with company number 10948581, accordingly adopted Standard Contractual Clauses so that the data flows necessary to provide, maintain, and develop our services take place legally.
We only retain personal data for as long as is necessary for us to fulfil the purposes that it was collected for, including reporting, accounting and legal requirements. This may include business purposes such as accounting, taxation, issuing claims, identity, fraud protection, enforcement of our Terms or when required to by applicable law. Certain information may be retained for research, statistical or historical purposes. We may retain your data when you use our Site or Services or when we provide you with those Services. This includes both data inferred or generated through the use of your site or data that others or you provide to us directly. Other than anonymised data, we will delete data relating to your use of the services and account after 6 months following the expiry of any Agreement between us. We shall retain your email address until you opt-out or unsubscribe from those communications.
Under applicable data privacy or protection law you are granted legal rights. These include your ability to request to rectify, update, block or delete data we hold on you in relation to your right to erasure, or request us to refrain from using data we hold about you, or revoke consent where it has previously been given, or request a machine readable copy of any data that has been provided to us. To exercise any of these rights then please contact us at [email protected]. We reserve the right to charge a fee if your claim is excessive or manifestly unfounded.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users. We may share personal information with our business partners, our parent company or any other entities owned by Kensai Ltd, suppliers, providers, agents, sub-contractors, payment providers, accountants, auditors, lawyers, IT professionals trusted affiliates and advertisers for the purposes outlined in our Terms and when appointed in accordance to our instructions. We may share personal data only when there are contractual safeguards in place and it is to a third-party who requires that data to fulfil our Service and only when you’ve given contractual permission.
We may have to share or disclose your personal information in some circumstances under regulations or applicable law, such as enforcing our Terms, protect the rights of a third-party, safety, anti-money laundering or to comply with a request from law enforcement.
Your information may also be shared in the course of any negotiations, sale of assets, merger, restructuring, acquisition, financing, of any part or all of our business with any other company.
We receive personal information from third-parties like Twitter, Facebook, Instagram, Youtube, Reddit and other online forums, blogs and articles. We are legally required to comply with their Terms of Service and any contract we may have with them.
We aggregate third-party content that is publicly available on the internet. Much of our content is also indexed by search engines or the website and services that contain the data. We do not claim any ownership or copyright over Third-Party Content, nor do we claim or hold any relationship with those who post Third-Party Content. We gain access to Third-Party Content through contractual agreements with data-providers who have a direct relationship with authors of Third-Party Content, or have indexed publicly available data from the Internet. We do not make any attempt to access data by technology circumvention or without authorisation. We only gather Third-Party Content that has been made public or where the author has given permission to a site or source that then provides us permission to use that data.
Our customers are able to use our Services to analyse aggregated Third-Third-Party Content, including personal or demographic information about authors and their online activity, in relation to our customer’s employees, services and products. All our customers must agree to comply with all data protection requests and legal requirements concerning applicable privacy laws and Third-Party Content.
We may collect varying data about Third-Party Content authors based on the platform and what is chosen to be made publicly available or is made available by that platform. This can include usernames, names, identifier, handle, interests, profile picture, gender, location, job title, profession, pictures, videos, opinions, posts, comments, expressions, any interactions, any content that has been posted, or anything publicly posted or made available through the Internet.
We may also infer other data about authors such as location, gender, interests, or professions from their publicly available data and Third-Party Content. We may also analyse Third-Party Content for sentiment, emotions or mood and provide that analysis to our customers through our Services.
Users may find links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to or from our Site, is subject to that website’s own terms and policies which we encourage you to read. Through our agreement with the Youtube developer terms, we are required to notify you that our Services use Youtube API Services and link to their privacy statement, normally found at http://www.google.com/policies/privacy.
Protecting the privacy of the very young is especially important. For that reason, and to comply with the Children’s Online Privacy Protection Act in the United States and the GDPR in the EU, we never collect or maintain information at our Site from those we actually know are under 16, and no part of our website is structured to attract anyone under 16 unless under representation from a suitable adult who uses the site on their behalf. If we discover that we have collected or are holding data belonging to child under the age of 16, we will delete it as soon as possible.
By using this Site, you signify your acceptance of this policy and the Terms and Conditions. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
C/O Brand Brain Legal Team
193 Levita House Ossulston Street
This document was last updated on January 20th, 2019