Privacy Policy Update (25.8.2018)

Canard Social Ltd ("we", "our", "us" or "Influenced") is committed to protecting the privacy of all users of our website influenced.app, or mobile applications (together, the "Sites"). Please read the following privacy policy that explains how we use and protect your information. We'll be the "data controller" of the information you provide to us.

1. CONTACT DETAILS

  • If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please get in touch with us using the following details or contacting or DPO at hello@influenced.app

2. HOW WE COLLECT YOUR INFORMATION

  • We collect your personal information when you interact with us or use our services, such as when you use our Sites. We also look at how visitors use our Sites, to help us improve our services and optimise customer experience.
  • We collect information:
    • when you create an account with us or you change your account settings;
    • when you start or join an influencer campaign (including for payment and campaigns analytics);
    • when you contact us directly via email, phone, post, message or via our chat function; and
    • when you browse and use our Sites (before and after you create an account with us).
  • We also collect information from third party sites, such as advertising platforms, analytics platform and our fraud detection provider.

 

3. INFORMATION THAT WE COLLECT FROM YOU

  • As part of our commitment to the privacy of our customers and visitors to our Sites more generally, we want to be clear about the sorts of information we will collect from you.
  • - When you visit the Sites or start or join a campaign through the Sites, you are asked to provide information about yourself including your name, contact details, campaigns details, social media account and payment information such as credit or debit card information (for brands) or bank details (for influencers).
  • - We also collect information about your usage of the Sites and information about you from any messages you post to the Sites or when you contact us or provide us with feedback, including via e-mail, letter, phone or chat function. If you contact us by phone, we may record the call for training and service improvement purposes, and make notes in relation to your call.
  • - We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing our Sites.
  • - We also collect technical information about your use of our services through a mobile device, for example, carrier, location data and performance data such as mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes and/or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the service through your mobile device(s) via any Influenced mobile application, through your mobile's browser or otherwise.
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4. USE OF YOUR INFORMATION

  • We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information: if we need to process your information in order to provide you with the service you have requested or to enter into a contract; we have your consent; we have a justifiable reason for processing your data; or we are under a legal obligation to do so.
  • Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:
    • to enable us to provide you with access to the relevant parts of the Sites;
    • to supply the services you have requested;
    • to enable us to collect payment from you; and
    • to contact you where necessary concerning our services, such as to resolve issues you may have with your campaigns.
  • We also process your data where we have a justifiable reason for doing so— for example personalisation of our service, including processing data to make it easier and faster for you to use our Sites. We have listed these reasons below:
    • to improve the effectiveness and quality of service that our customers can expect from us in the future;
    • to tailor content that we or our third party partners or advertising partners display to you, for example so that we can show you campaigns matching or make sure you see the advertising which is most relevant to you, based on characteristics determined by us;
    • to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible;
    • to contact you for your views and feedback on our services and to notify you if there are any important changes or developments to the Sites or our services
    • to analyse your activity on the Sites so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;
    • to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of Influenced, brands, or others (including to prevent fraud); and
    • if you submit comments and feedback regarding the Sites and the services, we may use such comments and feedback on the Sites and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you live.
    • If you link your social media to provide analytics to brands through our third party Deepsocial
    • To contact you and send you personalized offers through our third party chat Intercom
  • We will also analyse data about your use of our services from your location data to create profiles relating to you and for you. This means that we may make certain assumptions about what you may be interested in and use this, for example, to send you more tailored marketing communications, to present you with campaigns that we think you will prefer, or to let you know about special offers or products which we think you may be interested in). This activity is referred to as profiling. You have certain rights in relation to this type of processing. Please see 'Your Rights' section below for more information.
  • Where we rely on legitimate interest as a basis for processing your personal information, we carry out a ‘balancing test’ to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests. You can find out more information about these balancing tests by contacting us using the details above.
  • Where we are under a legal obligation to do so we may use your information to:
    • create a record of your campaign(s);
    • comply with any legal obligation or regulatory requirement to which we are subject.

 

 

6. COOKIES

  • You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Site may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy

7. DIRECT MARKETING

  • Where you have given your consent or where we have a justifiable reason for doing so (and are permitted to do so by law) we will use your information to let you know about our other products and services that may be of interest to you and we may contact you to do so by email or phone. You can control your email marketing preferences by:
    • Contacting us at hello@influenced.app
    • clicking on the link at the end of our communications

 

8. AUTOMATED DECISION MAKING

  • We conduct fraud checks on all customers. Where we believe we may detect fraudulent activity we may block you from using our Sites.
  • We share your information with our undertake fraud checks on all customers because this is necessary for us to perform our contracted services to customers, by ensuring that the services we provide are duly paid for, and also so that individuals themselves are protected from fraudulent transactions on their cards.
  • Given the volumes of customers we deal with, we use automated systems including a third party fraud detection provider, which analyses your data in order to make automated decisions as to whether or not we will accept a campaign. We find this is a fairer, more accurate and more efficient way of conducting fraud checks since human checks would simply not be possible in the timeframes and given the volumes of customers that we deal with.
  • The checks and decisions that are made look at various components including known industry indicators of fraud which our expert fraud detection purposes and creates a profile relating to provider makes available to us, as well as fraud patterns we have detected on our Sites. When combined, these generate an automated score indicating the likelihood of a fraudulent transaction. If our systems indicate a high score for you. , then we may decline a transaction or even block you from our services. The specific fraud indicators are dynamic so will change depending on what types of fraud are being detected in the wider world, country and our Sites at any particular time.
  • You have certain rights in respect of this activity - please see 'Your Rights' section below for more information. Our fraud detection is in place to protect all of our customers as well as Influenced. You have the right to contest any fraud decision made about you and to be given more information about why any such decision was made by contacting us as set out in section 1 above.
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9. RETENTION OF YOUR INFORMATION

  • We will not retain your information for any longer than we think is necessary.
  • Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the ‘Use of my information’ section above, in line with our legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.
  • When determining the relevant retention periods, we will take into account factors including:
    • our contractual obligations and rights in relation to the information involved;
    • legal obligation(s) under applicable law to retain data for a certain period of time;
    • statute of limitations under applicable law(s);
    • our legitimate interests where we have carried out balancing tests (see section on 'How we use your personal information' above);
    • (potential) disputes; and
    • guidelines issued by relevant data protection authorities.
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10. DISCLOSURE OF YOUR INFORMATION

 

  • The information we collect about you will be transferred to and stored on our servers hosted by Amazon Web Services. We are very careful and transparent about who else your information is shared with.
  • Sharing your information internally
    • We share your information with other Influenced group companies only where necessary for the purposes set out in section 4 or with brands in the context of collaboration with you for marketing campaigns.
  • Sharing your information with third parties
  • We share your information with third party service providers. The types of third party service providers whom we share your information with includes:
    • Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you or carry out fraud checks for us;
    • IT service providers (including cloud providers): for the purposes of data storage and analysis;
    • Brand partners: that may be interested to campaign with you or are campaigning with you;  
    • Customer support partners: who will help us to resolve any issues you may have with our services; and
    • Marketing and advertising partners: so that they can ensure that you see advertising which is more relevant to you and send you email marketing on our behalf.
  • Influenced will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.
  • If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
  • We may also share your information:
    • if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;
    • in order to enforce our contractual terms with you and any other agreement;
    • to protect the rights of Influenced, partners, or others, including to prevent fraud; and
    • with such third parties as we reasonably consider necessary in order to prevent crime, e.g. the police.
  • International transfers of data
    • In some cases the personal data we collect from you might be processed outside the European Economic Area ("EEA"), such as the United States and the countries in which Influenced operates. These countries may not have the same protections for your personal data as the EEA has. However, we are obliged to ensure that the personal data that is processed by us and our suppliers outside of the EEA is protected in the same ways as it would be if it was processed within the EEA. There are therefore certain safeguards in place when your data is processed outside of the EEA.
    • We ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
      1. your personal data is transferred to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
      2. we use the EU approved Standard Contractual Clauses; and
      3. where your personal data is transferred to third party providers based in the US, data may be transferred to them if they have self-certified under the Privacy Shield framework in relation to the type of data being transferred, which requires them to provide similar protection to personal data shared between the EU and the US.
    • Please contact us using the contact details above if you want further information on the countries to which personal data may be transferred and the specific mechanism used by us when transferring your personal data out of the EEA.

 

11. SECURITY

  • We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected.
  • We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.
  • Where you have chosen a password that allows you to access certain parts of the Sites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.
  • Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Sites; 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.
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12. YOUR RIGHTS

  • Under data protection law, you may have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below.
  • The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this policy.
  • The right of access. You have the right to obtain access to your information (if we’re processing it). This will enable you, for example, to check that we’re using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).
  • The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting us (see Contact Details).
  • The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting us (see Contact Details).
  • The right to restrict processing. You have rights to 'block' or 'suppress' further use of your information. When processing is restricted, we can still store your information, but will not use it further.
  • The right to data portability. You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).
  • The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.
  • The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting us (see Contact Details). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.
  • The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences or disabling cookies as set out in sections 7 and 8 above.

 

13. CHANGES TO OUR PRIVACY POLICY

Any changes to our privacy policy will be posted to the Sites and, where appropriate, we will notify you of the changes for example by email or push notification.

This privacy policy was last updated: 22/05/2018

14. COMPLAINTS

If you’re not satisfied with our response to any complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the Information Commissioner’s Office (ICO) using the following details:

Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Telephone number: 0303 123 1113

Website: www.ico.org.uk

 

Canard Social Ltd, 86-90 Paul Street, EC2A 4NE London, U

 

 

 

COOKIES POLICY

1. Introduction

1.1 Our website uses cookies.

1.2 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

2. Credit

2.1 This document was created using a template from SEQ Legal for Canard Social Ltd. This template legal document was produced and published by SEQ Legal LLP

3. About cookies

3.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

3.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

3.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

3.4 Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

4. Our cookies

4.1 We use both session and persistent cookies on our website.

4.2 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:

(a) we use cookie to recognise a computer when a user visits our website OR track users as they navigate the website OR enable the use of a shopping cart on the website OR improve the website's usability OR administer the website OR prevent fraud and improve the security of the website OR personalise the website for each user OR target advertisements which may be of particular interest to specific users OR validate authenticated users sessions OR facilitate the use of our website search engine OR for any other purpose. Note that third party we use might use cookies too over which we have no control. If you block cookies, you may not be able to benefit from all or parts of our platform.

5. Analytics cookies

5.1 We use Google Analytics to analyse the use of our website.

5.2 Our analytics service provider generates statistical and other information about website use by means of cookies.

5.3 The analytics cookies used by our website have the following names: cookies

5.4 The information generated relating to our website is used to create reports about the use of our website.

5.5 Our analytics service provider's privacy policy is available at: [http://www.google.com/policies/privacy/].

6. Third party cookies

6.1 Our website also uses third party cookies.

6.2 We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using the DoubleClick cookie. OR  We publish Google AdSense advertisements on our website. To determine your interests, Google will track your behaviour on our website and on other websites across the web using the DoubleClick cookie. This behaviour tracking allows Google to tailor the advertisements you see on other websites to reflect your interests (we do not publish interest-based advertisements on this website). You can view, delete or add interest categories associated with your browser by visiting: http://www.google.com/settings/ads/. You can also opt out of the AdSense partner network cookie using those settings or using the NAI's (Network Advertising Initiative's) multi-cookie opt-out mechanism at: http://www.networkadvertising.org/choices/. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-in available at: https://www.google.com/settings/ads/plugin. We also use Facebook Pixels.

 

7. Blocking cookies

7.1 Most browsers allow you to refuse to accept cookies; for example:

(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";

(b) in Firefox (version 47) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and

(c) in Chrome (version 52), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.

7.2 Blocking all cookies will have a negative impact upon the usability of many websites.

7.3 If you block cookies, you will not be able to use all the features on our website.

8. Deleting cookies

8.1 You can delete cookies already stored on your computer; for example:

(a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);

(b) in Firefox (version 47), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history" from the drop-down menu, clicking "Show Cookies", and then clicking "Remove All Cookies"; and

(c) in Chrome (version 52), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Cookies and other site and plug-in data" before clicking "Clear browsing data".

8.2 Deleting cookies will have a negative impact on the usability of many websites.

9. Cookie preferences

9.1 You can manage your preferences relating to the use of cookies on our website by contacting hello@canardinfluencers.com

10. Our details

10.1 This website is owned and operated by Canard Social Ltd

10.2 We are registered in England and Wales under registration number 10692447, and our registered office is at 86-90 Paul Street, EC2A 4NE London.

10.3 Our principal place of business is at 86-90 Paul Street, EC2A 4NE London

10.4 You can contact us:

(a) by post, using the postal address given above

(b) using our website contact form;

(c) our telephone, on the contact number published on our website; or

(d) by email, using the email address published on our website

 

 

 

PRIVACY POLICY

Privacy policy

1. Introduction

1.1 Canard Social Ltd (“We”, “our”, “us”) are committed to safeguarding the privacy of our website visitors, platform and app users; in this policy we explain how we will treat your personal information and information you provide when using our platform (canard.io/canardinfluencers.com/App available on the App Store and Google Play). Please read this policy carefully. For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Canard Social Ltd.

1.2 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Collecting personal information

 

3.1 We may collect, store and use the following kinds of personal information:

(a) information about your computer and about your visits to and use of this website (including but not limited to your IP address, geographical location, browser type and version, operating system, traffic data, web logs, referral source, length of visit, page views and website navigation paths);

(b) information that you provide to us when registering with our platform or starting a campaign or joining a campaign (including but not limited to your email address, phone number, social media details, conversations you have with others on our platform, location, financial and credit card information, personal description); we may ask for information when you require support or to run the platform; we may collect and store information locally on your device using web storage and app caches. By using our website, platform and app you comply to terms of use and privacy policy of Stripe, Apple, Google, Good Barber, Zapier, Typeform, Namecheap, GoDaddy, Facebook, Amen and any third-party tools we might use.

(c) information that you provide when completing your profile on our website (including your name, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details);

(d) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);

(e) information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use);

(f) information relating to any purchases you make of our goods and/or services or any other transactions that you enter into through our website (including your name, address, telephone number, email address and card details);

(g) information that you post to our website for publication on the internet (including your user name, your profile pictures and the content of your posts-;

(h) information contained in or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication); and

(i) any other personal information that you choose to send to us. On each visits of our platform or app we may automatically collect technical information (including but not limited to IP address, device type, browser type, time zone, OS settings, language settings…), information about your visit (including but not limited to referral, clickstream, errors, page interaction, clicks and mouse-overs, emails and phone number contacted)

We may retain and use any information provided by you or your authorised user or collected by us on an anonymised basis to report or share to any party for any purpose. We are working with third party and you agree that they may receive some information and we may share them to run our platform. You agree to those third party terms of use and privacy policy.

3.2 Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.

4. Using personal information

4.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

4.2 We may use your personal information to:

(a) [administer our website and business];

(b) [personalise our website for you];

(c) [enable your use of the services available on our website];

(d) [send you goods purchased through our website];

(e) [supply to you services purchased through our website];

(f) [send statements, invoices and payment reminders to you, and collect payments from you];

(g) [send you non-marketing commercial communications];

(h) [send you email notifications that you have specifically requested];

(i) [send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter)];

(j) [send you marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications)];

(k) [provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information)];

(l) [deal with enquiries and complaints made by or about you relating to our website];

(m) [keep our website secure and prevent fraud]; and

(n) [verify compliance with the terms and conditions governing the use of our website [(including monitoring private messages sent through our website private messaging service)]].

 

4.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

4.4 Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.

4.5 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.

4.6 All our website financial transactions are handled through our payment services provider, Stripe. You can review the provider's privacy policy at https://stripe.com/fr/privacy. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

We will use information you give to us to carry our obligations from the contract we there'd together, to provide you (or allow third party to) with information about other goods or service we offer, for internal record, to notify you about changes on the platform, to administer our site or for international operations, to improve our platform, to keep the platform secure and safe, to measure, track and understand our advertising campaigns, we may also combine those informations with information we receive from other sources and we may share your information to third parties including when you register on the platform to another user, business partners, investors, contractors and sub-contractors, suppliers, ad network, advertisers, analytics, search engine, third-party tools we’re using. Your information will also be disclosed to third parties if sell or buy any assets or business (to the buyer or seller), if Canard Social Ltd is partially or fully acquired by a third party (data about our customers are one of the transferred assets), if we are legally under the duty to transfer your personal data to comply with regulations and also to third parties if we need to transfer your personal data to enforce our agreement. Your data might be stored in another country than where you are located. You are responsible for have a secure password and keep it safe. You should also change the password automatically generated that you receive when you start your campaign or join a campaign. Do not share your password. The transmission of information through Internet is not completely secure and we cannot guarantee the security of your data transmitted on the platform. Transmit data at your own risk. If you do not wish us to process your data for marketing purposes you can contact us at hello@canardinfluencers.com. If you believe some information we have about you are incorrect email us.Third parties we’re using have their own terms of use and privacy policy and your information may be transferred to those website. You agree to third parties tools we’re using terms and conditions and privacy policy.

5. Disclosing personal information

5.1 We may disclose your personal information to [any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors] insofar as reasonably necessary for the purposes set out in this policy.

5.2 We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.

5.3 We may disclose your personal information:

(a) to the extent that we are required to do so by law;

(b) in connection with any ongoing or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) [to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling]; and

(e) [to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information].

5.4 Except as provided in this policy, we will not provide your personal information to third parties.

6. International data transfers

6.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

6.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: [the United States of America, Russia, Japan, China and India or any other country].

6.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

6.4 You expressly agree to the transfers of personal information described in this Section 6.

7. Retaining personal information

7.1 This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

7.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

 

7.4 Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:

(a) to the extent that we are required to do so by law;

(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

8. Security of personal information

8.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

8.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

8.3 All electronic financial transactions entered into through our website will be protected by encryption technology.

8.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

9. Amendments

9.1 We may update this policy from time to time by publishing a new version on our website. By using this website we assume you agree to our privacy policy

9.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

10. Your rights

10.1 You may instruct us to provide you with any personal information we hold about you (The Act); provision of such information will be subject to:

(a) the payment of a fee (currently fixed at GBP 50); and

(b) the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)].

10.2 We may withhold personal information that you request to the extent permitted by law.

10.3 You may instruct us at any time not to process your personal information for marketing purposes.

10.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

11. Third party websites

11.1 Our website includes hyperlinks to, and details of, third party websites.

11.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.

12. Updating information

12.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

13. Cookies

13.1 Our website uses cookies.

13.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

13.3 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

13.4 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

13.5 We use[both session and persistent cookies] on our website.

13.6 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:

(a) we use cookie to [recognise a computer when a user visits our website] OR [track users as they navigate the website] OR [enable the use of a shopping cart on the website] OR [improve the website's usability] OR [administer the website] OR [prevent fraud and improve the security of the website] OR [personalise the website for each user] OR [target advertisements which may be of particular interest to specific users] OR [validate authenticated users sessions] OR [facilitate the use of our website search engine]

 

13.7 Most browsers allow you to refuse to accept cookies; for example:

(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";

(b) in Firefox (version 47) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and

(c) in Chrome (version 52), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.

13.8 Blocking all cookies will have a negative impact upon the usability of many websites.

13.9 If you block cookies, you will not be able to use all the features on our website.

13.10 You can delete cookies already stored on your computer; for example:

(a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);

(b) in Firefox (version 47), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history" from the drop-down menu, clicking "Show Cookies", and then clicking "Remove All Cookies"; and

(c) in Chrome (version 52), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Cookies and other site and plug-in data" before clicking "Clear browsing data".

13.11 Deleting cookies will have a negative impact on the usability of many websites.

14. Data protection registration

14.1 We are registered as a data controller with the UK Information Commissioner's Office.

14.2 Our data protection registration number is pending

15. Our details

15.1 This website is owned and operated by Canard social Ltd

15.2 We are registered in England and Wales under registration number 10692447, and our registered office is at 86-90 Paul Street, EC2A 4NE London UK

15.3 Our principal place of business is at 86-90 Paul street, EC2A 4NE London

15.4 You can contact us:

(a) by registered mail

(b) [using our website contact form];

(c) by email to hello@canardinfluencers.com (email registered on our website)

 

 

BRAND TERMS & CONDITIONS CANARD SOCIAL LTD

 

A - Introduction

 

Canard Social Ltd is a limited company registered in England and Wales. Registered number: 10692447. Registered office: 86-90 Paul Street, EC2A 4NE, London (United Kingdom). Our platform and app (“Platform”, “App”, “Marketplace”) allows Influencers (“Content Creators”, “Influencers”, “Micro-influencers”) to collaborate with brands (‘brands’, “you”, “your”) on social media on the occasion of Campaigns (“Campaigns,” “Brand Campaigns”). Brands can approve, decline and contact influencers to define the scope of the collaboration. We include in the word Platform the use of any of our services, whether on our mobile App or web App or any other support.

 

By starting a brand campaign, using the Mobile App or Web App, signing up for an account (“Brand Account”, “Account”) and/or submitting a form on our platform you accept our terms and conditions (“Terms”, “Terms and Conditions”, “T&C’s”, “Contract”, “Agreement”) when using our Platform, App, services or any of the functionalities defined in the terms and conditions. Read these terms and conditions carefully before using our platform. You also agree that when starting a campaign and using our platform, you will give us details that we may publish on our platform and App. If you do not agree with our terms and conditions, you will not be able to use our platform. You also agree to the terms of use and privacy policy of the different social media (Instagram, Facebook, YouTube, Twitter…) and of the third-party tools we might use. Campaigns allow brands and social media influencers to connect to promote a brand product on social media.

 

Please note that you may only use the platform to set up and run campaigns. If you’re an agency setting up a campaign on your client’s behalf, your client will be bind to this agreement and you must make sure you have the authority to do so on your client’s behalf.

 

B- Platform and App

 

In order to use the platform, our app and services, and when starting a Brand Campaign, you will fill up a form with details about your brand and campaign that we will push to our mobile and web app. We have no obligation to accept your campaign. If your campaign is accepted you will receive a confirmation by email with your brand login, that you must keep confidential. You should not disclose your login to any third party.

 

When starting your campaign you will upload information about your brand marketing, campaign brief and brand details to help influencers creating and sharing content on social media. Those details will be uploaded on our App and are including but not limited to a campaign brief and description, social media platforms, target and hashtags, your contact details (email, URL, brand name…), a cover picture and a moodboard.

 

Once you are starting a campaign on our platform, a contract is formed between your brand and our platform, under those terms and conditions. When your new brand campaign is approved you will receive an email with a confirmation and logins to your dashboard. When logging in on your brand campaign (“brand campaign”, “campaign”, “brand dashboard”, “dashboard”), you will be able to edit your campaign, pause and resume it at any time, select influencers you want to collaborate with and chat with influencers. When pausing and resuming your campaign, there might be a delay. Please note, that when pausing your campaign, Influencers will not be able to join your campaign anymore but your Campaign might still be visible on our App. When your campaign is resumed/live or open, influencers can join your campaign and you may be notified by email every time an influencer join your campaign. Email hello@canardinfluencers.com to ask deletion of your Campaign on our App.

 

An offer (“Offer”, “Proposal”, “Influencers joining a campaign”, “Influencers applying to a campaign”) is an offer made by an influencer to join your campaign or by you to an influencer. This offer defines the basis of the contract between you and the influencer  in relation to your campaign. It includes a single post on selected social media by the influencer, a fee due to the influencer (“influencer payment”, “influencer fee”, “influencer compensation”) and a fee due to the platform (“platform fee”, “platform commission”). Offers must be reviewed, verified and agreed by both you and the influencer by selecting and approving influencers on our platform (“acceptance”, “selection”, “approval”, “pre-approval”). After acceptance, the influencer will start creating content and it is your responsibility to contact the influencer to follow up, organise any sample shipment if needed and establish your collaboration basis. If you’d like the influencer to send you the post (picture, video, article and caption) when created before the influencer shares it on social media, it is your responsibility to let the influencer know. It is also your responsibility to negotiate any details, including, but not limited to, posting time, content etc. You are not allowed to reuse content created by Influencers.

 

Our platform helps brands and influencers to be connected, negotiate and structure their collaboration and offer. However, we decline all responsibility and have no involvement with those negotiations and terms agreed between the influencer and you. You are contracting with the influencer directly when an influencer join and participate in your campaign. Our Platform is an intermediary simplifying the process but we are not responsible for the agreements made between the Influencers and you. Also, if you decide to upload your own contracts or legal documents on your campaign or when negotiating with an influencer, it is your duty to make sure it is suitable and have a legal basis as we will not review any documents.

 

C- Your responsibilities 

 

You agree that any information you submit when creating your campaign and account and any information entered on our platform are complete, accurate and not misleading. If there is any mistake or any change, you should let us know immediately. You agree that those information will be shared through our Platform and App available on the App Store and Google Play. Also, you remain available to give us information we might require regarding the use of our platform.

 

You are not allowed in any case (you solely or jointly with a person or an entity or a third party) to reproduce, download, store data, scrap, or copy content, information and material made available on the platform by us and influencers. You cannot edit, copy, duplicate, adapt, sell, use, rent, re-sell, distribute, transmit, publish, modify or exploit (both commercially and non-commercially) any material and content provided on our platform, app and website by us our an influencer. You are not allowed to go through our code, software, app and how the platform works with the intention to copy or reproduce some parts of our platform. You are not allowed to do anything to copy our platform or build something similar competing with our platform, damage our reputation, try to access and transmit viruses  or any malware through our platform. When starting a campaign you should not use, store, distribute or transmit anything in relation to what is unlawful, defamatory, inaccurate abusive, vulgar, hateful, infringing, harassing or racially or ethnically offensive, facilitates unlawful activities, promote violence, harassing, obscene, profane, sexually oriented, threatening, harmful, discriminatory based on matters of race, national or ethnic origin, colour, religion, age, sex, marital status or physical or mental handicap, invasive of a person's privacy or otherwise violate any law. In case of a breach by you of our terms and conditions, we reserve the right, without liability or prejudice to our other rights under these Terms to remove your access to our platform and app and delete your campaign and no compensation will be payable to you.

 

When using our platform, you certify (and take responsibility) that your campaign and content doesn’t infringe any laws, regulations, standards, statues, policies and codes, including but not limited to all applicable advertising regulations concerning sponsored posts and influencer marketing. Your campaign should not infringe the rights of any person or entity. You should make sure that you have the required consents and permissions to use our platform and run campaigns. You are not allowed to use the platform on behalf of any other party. It is your responsibility to check the regulations required in your country regarding hashtags requirements in influencer marketing.

 

 

D- Our responsibilities

 

We decline responsibility for any act, mistake or omission of any influencer in any way possible, including their compliance with any agreed offer or those terms and conditions. We do not guarantee the the use of the platform will be bug-free, virus-free, error-free, interruption-free and stable (some changes may happen on the platform and we might terminate the platform or your account with no reason and no notice to you). We take no responsibility for any loss or damage caused by a bug, virus or any technological malware infecting your computer, phone or any other material after using our platform, website and app. We are not responsible and not liable for any loss or damage linked to any dysfunction, virus or bugs of our platform, website or app. In the event of a bug, all fees are payable.

 

 

E- Fees and payment

 

When accepting an influencer, you will be liable to pay the influencer fees that we collect on the influencer behalf and hold during the time of the collaboration and the platform commission on the influencer fees calculated on the basis of twenty five percent (25%) of the influencer fee. VAT is not included and might be applicable per UK law. Although every sums are mentioned and must be paid in euros, we might use pounds sterlings on certain occasion and payment are subject to the UK market selling rate at the time of the transaction. VAT, if applicable, is never included and should be paid on top of the stated amount by you. Payment is immediately due when approving an influencer. In case of non-payment, we will charge an interest at the rate of 19% per day after the date the sums are being due. Payment is processed (and you agree us to share any information to those service providers to process the transaction) with Stripe and/or PayPal and all payments are subject to Stripe and PayPal terms and conditions available online that you agree and are bind to when using our platform.

 

F- Protection of data and intellectual property

 

We are the owner or licensee of all intellectual property rights in the site, platform and app (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright. You guarantee that you own all the rights and/or have authorisation to use any material uploaded or entered on our platform.

You are not allowed to print, edit, modify, copy and download extracts of any page on the site or platform for your personal reference, or commercial use. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. You are not allowed to reuse any content provided by us or the influencer. You give us the right to use any content and material provided by you on our platform and app in order to start your campaign, promote our platform and marketplace. This clause survive termination.

If you breach these terms, you lose your right to use our site, platform and app and must destroy or return any copies you have made. Please, read our privacy policy. You agree to our privacy policy by using our platform, website and app. You also agree that any data your transfer on our website may be transferred or stored outside the the country where you are located. You should make sure you have the right to transfer those data so we can legally transfer them to our servers or third party tools we might use.

 

G- Termination

 

Both parties of the agreement (you or us) can terminate this contract immediately for no reason by giving written notice to the other party. This is provided that your live campaign is finished and all payments due are payed. When terminating the agreement, all sums are immediately due (including influencer and platform fees), you should stop using the platform and talking to influencers found on our platform, you acknowledge that all your offers agreed with influencers are not valid anymore and that we might cancel and delete your profile and information entered and uploaded, campaign from our platform and app, terms surviving termination are still applicable. Any ongoing live campaign and agreed offer with influencers are still applicable and must be finished.

 

H- Confidentiality

 

We and You have agreed to carry out a project which will involve Us supplying to You information which is confidential to Us. We wish to protect our interests in that information on the basis that is explained in this written Agreement.

"Confidential Information" means all information relating to our business which is given to You in any way before or after the date of this Agreement (including but not limited to using our platform and app), or which comes to your knowledge in connection with the Project. This includes:
Information which is marked "confidential" when it's given to You or is obviously confidential when it's given to You; and
Spoken Information which We told You when We gave it to You was confidential; and
any note or record made by You of any spoken information which is confidential; and;
any Information obtained through discussions between the employees, contractors, agents and advisors of either Us or You or both of Us; and
any copy of any of these sources of the Information. Any information about our roadmap, business model, future projects, how our platform work, platform fees, influencers, finance, marketing strategy, pricing

You will keep the Confidential Information secret and confidential; You will not give or allow the disclosure of any Confidential Information to anybody else; You will not use the Confidential Information for anything except the campaign; You will not make any copies of the Confidential Information or You will only make the limited number of copies of the Confidential Information which are genuinely required for the campaign; and you will take all reasonable steps to ensure the confidentiality of the Confidential Information.

If We ask you to, or at the end of this Agreement, You will:
Return to Us all the documents and any other material that contains any of the Confidential Information, including all copies made by anybody for You; Permanently delete all electronic copies of Confidential Information from your computer systems; You will not make any further use of the Confidential Information; and your responsibilities under this Agreement will continue. If You have to disclose Confidential Information by order of a court or other public body You may do so. You understand and agree that any breach of this Agreement could cause serious damage to Us and that damages awarded by a court would not compensate Us. So, if there is a breach of this Agreement or You threaten to breach it You agree that We are entitled to ask a law court for an injunction against You.You will reimburse Us for all costs or expenses which We have to pay because You breached this Agreement. For the duration of the agreement and nine months following termination or the end of your campaign, you should not communicate and contract with influencers found on our platform, in any other way than our platform.

 

I- Indemnity, liability, contact and other terms

 

In case of you (or anyone using your login) misusing our platform, website or app, breaching our terms and conditions, or any claim made by an influencer relating to your collaboration, you agree to indemnify us to cover any losses, damages, liabilities, expenses, costs and legal costs resulting of your action. This clause survive termination.

 

 

Nothing in these Terms excludes our limits and our liability for personal injury or death arising from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded/limited by English law. As permitted by English law, we exclude all conditions, warranties, terms or representations that may apply to this agreement or the platform, website and App in any form possible. Accordingly, we will not be liable to you (whether in contract, in tort (including negligence) or for breach of statutory duty) in respect of any losses of profits, reputation, data, goodwill, business activity - direct or indirect, foreseeable, known or foreseen - arising under or in connection with your use of our platform, service, website or app. Subject to our previous clauses, our total liability is limited to the amount equal to the campaign platform fee in the last 12 months with a maximum of 100£. We are a marketplace facilitating the connection between brands and influencers and we cannot take any responsibility for collaborations with influencers. We do not contract and represent any brand or influencer and you, as a company, agree with the influencer when approving an influencer. When accepting an influencer offer, you agree that our responsibility is limited as previously mentioned and that we will not be responsible to you or any third party in relation of your campaign. Although we do any efforts as possible to guarantee influencers have an authentic audience, we do not take any responsibility in relation of any problem arising with tine influencers and we are not responsible or liable for their acts, omissions, damage and more generally any issue caused by influencers. It is your duty to conduct due diligence before agreeing with an influencer.  When agreeing with an influencer, you acknowledge and accept all risks in relation to this collaboration.

 

In the event that we breach this agreement, our only liability to you in relation to your campaign may be in the event that we make an error regarding an influencer or your campaign, provided that this is not linked to a bug or the influencer or your mistake, partially or fully. Influencers fees will only be refunded at our sole discretion and platform fees are non refundable. We will provide assistance in case of a dispute between you and an influencer but we will not take responsibility for it, neither mediate or resolve the dispute.

 

You can contact us by writing or to give us notice according to those terms, by writing to hello@canardinfluencers.com or by post to Canard Social Ltd, 86-90 Paul Street, EC2A 4NE London (UK) as a registered letter. We will contact you and/or give you notice by email, on the email address you registered when starting your campaign or by sending a push notification on our app.

 

We will not be in any event be responsible for any delay in or failure to perform the Services or to supply the Goods which is caused by factors beyond our reasonable control which shall include but not be limited to acts of God, acts of governmental or any other lawful authority, strike, war, riot, civil commotion, flood, fire, explosion, epidemic, trade embargo or any other acts or omissions on the part of any third party or sub-contractor. We are entitled to change these terms and conditions at our sole discretion at any time by updating them on the website. Your use of the website, platform or app shall be deemed as acceptance of those terms and future updates of those terms. Those terms take effect the day they were upload on the website and no variation of those terms will be accepted, except if agreed in writing and signed by any director. We can change or terminate the platform at any time, at our sole discretion and we are entitled to change our commission at any time at our sole discretion. In case of any major change, we will notice you one month in advance. Nothing in these terms and conditions is intended to - or shall be deemed to - establish any joint venture or partnership between you and us, constitute either you or us as the agent of the other, or authorise either you or us to make or enter into any commitments for or on behalf of the other. We reserve the right to transfer our obligations and rights under those terms and conditions to any third party. You are not entitled to assign or transfer your rights or obligations under those terms and conditions. This is a contract between you and us in relation to your use of the platform, website, service or app and no other person or entity shall have any rights to enforce any of its terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and conditions. Every single clause mentioned on these terms and conditions operates separately and in the event that any relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses shall remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms or law, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and interpreted by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

 

 

INFLUENCER TERMS & CONDITIONS CANARD SOCIAL LTD

 

A - Introduction

 

Canard Social Ltd is a limited company registered in England and Wales. Registered number: 10692447. Registered office: 86-90 Paul Street, EC2A 4NE, London (United Kingdom). Our platform and app (“Platform”, “App”, “Marketplace”) allows Influencers (“Content Creators”, “Influencers”, “Micro-influencers”) to collaborate with brands (‘brands’, “you”, “your”) on social media on the occasion of Campaigns (“Campaigns,” “Brand Campaigns”). Brands can approve, decline and contact influencers to define the scope of the collaboration. We include in the word Platform the use of any of our services, whether on our mobile App or web App or any other support.

 

By joining as an influencer, signing up, registering, or using the Mobile App or Web App or any of our services, creating an account (“Brand Account”, “Account”) and/or submitting a form on our platform you accept our terms and conditions (“Terms”, “Terms and Conditions”, “T&C’s”, “Contract”, “Agreement”) when using our Platform, App, services or any of the functionalities defined in the terms and conditions. Read these terms and conditions carefully before using our platform. You also agree that when joining as an influencer and using our platform, you will give us details that we may publish on our platform and App. If you do not agree with our terms and conditions, you will not be able to use our platform. You also agree to the terms of use and privacy policy of the different social media (Instagram, Facebook, YouTube, Twitter…) and of the third-party tools we might use. Campaigns allow brands and social media influencers to connect to promote a brand product on social media.

 

Please note that you may only use the platform to view and join campaigns. If you’re an agency acting on your client’s behalf, your client will be bind to this agreement and you must make sure you have the authority to do so on your client’s behalf.

 

B- Platform and App

 

 

 

In order to use the platform, our app and services, and when joining as an influencer, you will fill up a form with details about you, your profile, your offer and your social media that we will push to our mobile and web app. We have no obligation to accept your application to join as an influencer or to join a campaign. If your offer is accepted you will receive a confirmation by email and you must comply to your offer as per under the terms you mentioned when joining the campaign. You should not disclose your login to any third party. When joining a campaign we will share your information with the brand so they can review your offer.

 

An offer (“Offer”, “Proposal”, “Influencers joining a campaign”, “Influencers applying to a campaign”) is an offer made by you to join a campaign or by a brand to you. Campaigns are made available through our platform and they include but not limited to a campaign brief, description, requirements (tags, hashtags, social media), cover picture, moodpboard picture. This offer defines the basis of the contract between you and the brand  in relation to the campaign submitted by the brand (you, your post and your content must comply to the requirements submitted by the brand, including but not limited to, hashtags, mentions, tags, caption, campaign brief and description. Your post must include a single post on social media you selected when joining the campaign (or more if negotiated with the brand or specified in the brief). You will be compensated with a fee (“influencer payment”, “influencer fee”, “influencer compensation”) and the brand will have to pay a twenty five percent (25%) fee to our platform (“platform fee”, “platform commission”). This commission will be added to your offer when joining a campaign.

 

You must review, verify and agree to an offer you submit by joining a campaign. Once the brand approve your offer on our platform (“acceptance”, “selection”, “approval”, “pre-approval”), you will be notified by email and you must start creating content as required in the campaign brief. You must submit the content and caption created to the brand for final review before you share it on your social media, otherwise payment may be delayed or cancelled. It is your responsibility to reach out to your campaign manger or the brand to ask for samples if necessary, ask for more information or submit your post. When submitting your offer you agree that the brand might reuse your name, profile, post and caption in any marketing material, with no limitation.

 

Our platform helps brands and influencers to be connected, negotiate and structure their collaboration and offer. However, we decline all responsibility and have no involvement with those negotiations and terms agreed between the brand and you. You are contracting with the brand directly when you decide to join and participate in a campaign. Our Platform is an intermediary simplifying the process but we are not responsible for the agreements made between the brand and you. Also, if you decide to upload your own contracts or legal documents on your campaign or when negotiating with a brand, it is your duty to make sure it is suitable and have a legal basis as we will not review any documents.

 

Once you are joining a campaign on our platform, a contract is formed between you and our platform, under those terms and conditions. When your offer is approved you will receive an email with a confirmation. Brands might decide to pause their campaigns and you will not be able to join the campaign anymore, although it is still visible on the App. When joining a campaign you agree that brands might contact you to organise the collaboration.

 

Email hello@canardinfluencers.com to ask more info or deletion of your offer if it has not been accepted yet. When registering as an influencer or joining a campaign, your influencer profile will be active and a contract is formed between you and us, under those terms and conditions. When a brand approves your offer and you receive a confirmation email, you must submit your content to the brand before sharing it on social media. The brand can then approve or reject the content submitted. If they approve it you must share it on the agreed social media and keep it unedited for at least 30 days and at the top of your feed for at least 5 hours. If the brand rejects the content submitted, you must edit it to fit the brand’s requirement and resubmit it.

 

C- Your responsibilities

 

You agree that any information you submit when creating your account or joining a campaign and any information entered on our platform are complete, accurate and not misleading. If there is any mistake or any change, you should let us know immediately. You agree that those information will be shared through our Platform and App available on the App Store and Google Play. Also, you remain available to give us information we might require regarding the use of our platform.

 

You are not allowed in any case (you solely or jointly with a person or an entity or a third party) to reproduce, download, store data, scrap, or copy content, information and material made available on the platform by us or a brand. You cannot edit, copy, duplicate, adapt, sell, use, rent, re-sell, distribute, transmit, publish, modify or exploit (both commercially and non-commercially) any material and content provided on our platform, app and website by us or a brand. You are not allowed to go through our code, software, app and how the platform works with the intention to copy or reproduce some parts of our platform. You are not allowed to do anything to copy our platform or build something similar competing with our platform, damage our reputation, try to access and transmit viruses  or any malware through our platform. When joining a campaign you should not use, store, distribute or transmit anything in relation to what is unlawful, defamatory, inaccurate abusive, vulgar, hateful, infringing, harassing or racially or ethnically offensive, facilitates unlawful activities, promote violence, harassing, obscene, profane, sexually oriented, threatening, harmful, discriminatory based on matters of race, national or ethnic origin, colour, religion, age, sex, marital status or physical or mental handicap, invasive of a person's privacy or otherwise violate any law. In case of a breach by you of our terms and conditions, we reserve the right, without liability or prejudice to our other rights under these Terms to remove your access to our platform and app and delete your offers and no compensation will be payable to you. You must have and own the mentioned social media accounts when joining a campaign or when creating your influencer account. You must comply to those social media terms and conditions and privacy policy.

 

Your post must stay live and unedited for at least 30 days and at the top of your feed for at least 5 hours. If those requirements are not respected payment will not be processed or payment will be cancelled. Payment will be processed within one week after you notified us that the post is live and running, on your PayPal account, in euros. We may occasionally use pounds sterlings (you are responsible for the conversion rate). We are not responsible for PayPal conversion rate or fees. We have a 25% platform fee to run our platform that will be paid by the brand. If you’re VAT registered in the UK, it is your responsibility to let us know so we can proceed to invoicing in accordance, VAT is charged on top of the fees mentioned. We will create on your behalf a self-generated invoice before paying you. It is your responsibility to comply to any legal requirement in your country (such as #ad) and tax regulations. Payment will only be processed if the brand has approved your profile and pre-paid for the collaboration. Your audience should be authentic and you should not use purchased followers, fake followers, bots, like for like hashtags etc. You certify your audience is authentic and any payment will be suspended or cancelled if we discover it is not. Your account must be public and you must comply to the campaign brief for payment to be processed when you’re approved by the Brand. The App requires an Apple iPhone 5 or any more recent model, internet access and the iOS 9 operating system.

 

We have the right, at our sole discretion and anytime, to modify these terms and conditions. Updated version will be uploaded on our website and we consider that your use of the app, service or platform, constitute your unconditional acceptance of this agreement and any change we might do. You should cease using the platform if you do not agree to our terms and conditions.

 

When using our platform, you certify (and take responsibility) that your offer and content doesn’t infringe any laws, regulations, standards, statues, policies and codes, including but not limited to all applicable advertising regulations concerning sponsored posts and influencer marketing. Your offer and content should not infringe the rights of any person or entity. You should make sure that you have the required consents and permissions to use our platform and join campaigns. You are not allowed to use the platform on behalf of any other party. It is your responsibility to check the regulations required in your country regarding hashtags requirements in influencer marketing but also and not limited to tax regulations.

 

D- Our responsibilities

 

We decline responsibility for any act, mistake or omission of any brand in any way possible, including their compliance with any agreed offer or those terms and conditions. We do not guarantee the the use of the platform will be bug-free, virus-free, error-free, interruption-free and stable (some changes may happen on the platform and we might terminate the platform or your account with no reason and no notice to you). We take no responsibility for any loss or damage caused by a bug, virus or any technological malware infecting your computer, phone or any other material after using our platform, website and app. We are not responsible and not liable for any loss or damage linked to any dysfunction, virus or bugs of our platform, website or app.

 

E- Fees and payment

 

When joining a brand campaign, and in the case that your offer is accepted, the brand will be liable to pay the platform fees of twenty five percent (25%) that will be calculated and added on the amount you entered when joining a campaign. In the event that your offer is accepted, we will hold your influencer fee which are owed to you as per this agreement and they will be paid to you within 7 business days after you notified us that your post is live and comply to our terms and conditions and the campaign requirements, subject that the brand has no claim or dispute regarding this collaboration. The influencers fees will be paid in euros, on your PayPal account and you are responsible for any fees, expenses, costs related to this operation or incurred by you in relation to your use of the platform and the performance of your offer. However, we are not responsible for any late or non-payment of the influencer fees by the brand. The influencer fees include VAT and any other tax. It is your responsibility to manage your own accounting and VAT, tax, income tax, contributions, assessment or to comply with any legal requirement in your country in relation to any amount received by you under this agreement and your use of our platform. Although every sums mentioned are in euros, we might use pounds sterlings on certain occasion and payment are subject to the UK market selling rate at the time of the transaction. Payment of our platform fees are immediately due when a brand approves your offer. In case of non-payment, we will charge an interest at the rate of 19% per day after the date the sums are being due. Transaction are processed (and you agree us to share any information to those service providers to process the transaction) with Stripe and/or PayPal and all payments are subject to Stripe and PayPal terms and conditions available online that you agree and are bind to when using our platform.

 

F- Intellectual property and data protection

 

We are the owner or licensee of all intellectual property rights in the site, platform and app (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright. You guarantee that you own all the rights and/or have authorisation to use any material uploaded or entered on our platform.

You are not allowed to print, edit, modify, copy and download extracts of any page on the site or platform for your personal reference, or commercial use. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. You are not allowed to reuse any content provided by us or the brand. You give us the right to use any content and material provided by you on our platform and app in order to join a campaign, promote our platform and marketplace. This clause survive termination. You agree and grant to us and the brand approving your offer a non-exclusive, irrevocable, royalty-free, sub-licensable license to use for any purposes all content you upload in relation to a campaign or any information you give us when joining a campaign, signing up as an influencer or using our platform. You should not infringe the intellectual property rights of any third party. Your name, content or any information provided when joining a campaign or having your offer approved might and can be reuse by the brand or our platform for any marketing activity both online and offline. This clause survives termination of the contract.

If you breach these terms, you lose your right to use our site, platform and app and must destroy or return any copies you have made. Please, read our privacy policy. You agree to our privacy policy by using our platform, website and app. You also agree that any data your transfer on our website may be transferred or stored outside the the country where you are located. You should make sure you have the right to transfer those data so we can legally transfer them to our servers or third party tools we might use.

 

G- Termination

 

We can terminate your influencer account, remove your application to join a campaign or your offer at any time and without giving you any notice. You can delete your account and withdraw your offers by contacting us to  hello@canardinfluencers.com However, if you joined a campaign and a brand approved you, you are in the obligation to proceed to the agreed collaboration. If we fail to comply to those terms and condition and rectify the mistake within 60 days, you may terminate your agreement with us by sending us a written notice. Clause surviving termination will still be applicable. When terminating your account you should stop using our platform and communicate with brands found on our platform and we may delete any information that you uploaded on the platform.

 

H- Confidentiality

 

We and You have agreed to carry out a project which will involve Us supplying to You information which is confidential to Us. We wish to protect our interests in that information on the basis that is explained in this written Agreement.

"Confidential Information" means all information relating to our business which is given to You in any way before or after the date of this Agreement (including but not limited to using our platform and app), or which comes to your knowledge in connection with the Project. This includes:
Information which is marked "confidential" when it's given to You or is obviously confidential when it's given to You; and
Spoken Information which We told You when We gave it to You was confidential; and
any note or record made by You of any spoken information which is confidential; and;
any Information obtained through discussions between the employees, contractors, agents and advisors of either Us or You or both of Us; and
any copy of any of these sources of the Information. Any information about our roadmap, business model, future projects, how our platform work, platform fees, influencers, finance, marketing strategy, pricing but also about the brands and available campaign on our platform.

You will keep the Confidential Information secret and confidential; You will not give or allow the disclosure of any Confidential Information to anybody else; You will not use the Confidential Information for anything except the campaign; You will not make any copies of the Confidential Information or You will only make the limited number of copies of the Confidential Information which are genuinely required for the campaign; and you will take all reasonable steps to ensure the confidentiality of the Confidential Information.

If We ask you to, or at the end of this Agreement, You will:
Return to Us all the documents and any other material that contains any of the Confidential Information, including all copies made by anybody for You; Permanently delete all electronic copies of Confidential Information from your computer systems; You will not make any further use of the Confidential Information; and your responsibilities under this Agreement will continue. If You have to disclose Confidential Information by order of a court or other public body You may do so. You understand and agree that any breach of this Agreement could cause serious damage to Us and that damages awarded by a court would not compensate Us. So, if there is a breach of this Agreement or You threaten to breach it You agree that We are entitled to ask a law court for an injunction against You.You will reimburse Us for all costs or expenses which We have to pay because You breached this Agreement. For the duration of the agreement and nine months following termination or the end of your campaign, you should not communicate and contract with brands found on our platform, in any other way than our platform.

 

I- Indemnity, liability, contact and other terms

 

In case of you (or anyone using your login) misusing our platform, website or app, breaching our terms and conditions, or any claim made by a brand relating to your collaboration, you agree to indemnify us to cover any losses, damages, liabilities, expenses, costs and legal costs resulting of your action. This clause survive termination.

 

Nothing in these Terms excludes our limits and our liability for personal injury or death arising from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded/limited by English law. As permitted by English law, we exclude all conditions, warranties, terms or representations that may apply to this agreement or the platform, website and App in any form possible. Accordingly, we will not be liable to you (whether in contract, in tort (including negligence) or for breach of statutory duty) in respect of any losses of profits, reputation, data, goodwill, business activity - direct or indirect, foreseeable, known or foreseen - arising under or in connection with your use of our platform, service, website or app. Subject to our previous clauses, our total liability is limited to the amount equal to the campaign platform fee in the last 12 months with a maximum of 100£. We are a marketplace facilitating the connection between brands and influencers and we cannot take any responsibility for collaborations with brands. We do not contract and represent any brand or influencer and you, as an influencer, agree with the brand. When joining a campaign, you agree that our responsibility is limited as previously mentioned and that we will not be responsible to you or any third party in relation of your offer. Also, you need to have an authentic audience (no fake followers, bots, spam, purchased followers…) to join campaigns. Your account will be terminated and payment may be cancelled if we discover you have fake engagement.

We do not take any responsibility in relation of any problem arising with the brands and we are not responsible or liable for their acts, omissions, damage and more generally any issue caused by brands. It is your duty to conduct due diligence before agreeing with a brand.  When agreeing with a brand, you acknowledge and accept all risks in relation to this collaboration.

 

In the event that we breach this agreement, our only liability to you in relation to your campaign may be in the event that we make an error regarding a brand or your campaign, provided that this is not linked to a bug or the brand or your mistake, partially or fully. We will provide assistance in case of a dispute between you and a brand but we will not take responsibility for it, neither mediate or resolve the dispute. You must be older than 18 years old to use our platform and App and we may terminate your account if you discover you are under 18.

 

You can contact us by writing or to give us notice according to those terms, by writing to hello@canardinfluencers.com or by post to Canard Social Ltd, 86-90 Paul Street, EC2A 4NE London (UK) as a registered letter. We will contact you and/or give you notice by email, on the email address you registered when joining a campaign or by sending a push notification on our App.

 

We will not be in any event be responsible for any delay in or failure to perform the Services or to supply the Goods which is caused by factors beyond our reasonable control which shall include but not be limited to acts of God, acts of governmental or any other lawful authority, strike, war, riot, civil commotion, flood, fire, explosion, epidemic, trade embargo or any other acts or omissions on the part of any third party or sub-contractor.

 

We are entitled to change these terms and conditions at our sole discretion at any time by updating them on the website. Your use of the website, platform or app shall be deemed as acceptance of those terms and future updates of those terms. Those terms take effect the day they were uploaded on the website and no variation of those terms will be accepted, except if agreed in writing and signed by any director. We can change or terminate the platform at any time, at our sole discretion and we are entitled to change our commission at any time at our sole discretion. In case of any major change, we will notice you one month in advance.

 

Nothing in these terms and conditions is intended to - or shall be deemed to - establish any joint venture or partnership between you and us, constitute either you or us as the agent of the other, or authorise either you or us to make or enter into any commitments for or on behalf of the other. We reserve the right to transfer our obligations and rights under those terms and conditions to any third party. You are not entitled to assign or transfer your rights or obligations under those terms and conditions. This is a contract between you and us in relation to your use of the platform, website, service or app and no other person or entity shall have any rights to enforce any of its terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and conditions. Every single clause mentioned on these terms and conditions operates separately and in the event that any relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses shall remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms or law, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and interpreted by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).