Privacy statement

Table of contents

  1. introduction
  2. Definitions
  3. Name and contact details of the person responsible
  4. data protection officer.
  5. Data collection, storage and processing
5.1 On our website
5.2 Analysis tools and data processing from third parties
  1. Sharing with third parties
  2. Duration of storage of personal data
  3. Transfer to third countriesto third countries
  4. Data protection and data security measures
  5. Your rights (rights of data subjects)
10.1 Managing Your Information
10.2 Right to withdraw consent
10.3 Right to information
10.4 Right to rectification
10.5 Right to deletion
10.6 Right to restrict processing
10.7 Right to data portability
10.8 Objection rights
10.9 Right to lodge a complaint
11. Order data processing
12. Amendment to this privacy statement
13. contact

1. Introduction

Welcome to our creative platform! We are delighted that you trust Kreatory. The protection and security of your personal data is very important to us. kreatory treats your personal data confidentially and in accordance with legal requirements. Therefore, in accordance with the requirements of the General Data Protection Regulation (GDPR), we inform you about the processing, storage and use of your personal data via Kreatory's influencer marketing platform and your rights. Personal data is defined as any information that can be used to identify a person. To ensure that you are informed about the processing of your personal data in the context of using our platform, as well as when fulfilling and executing advertising orders, and that you agree to data processing, please read the following privacy policy.
Gender-specific differentiation is dispensed with for the purpose of better comprehension.

2. Definitions

The definitions of the General Terms and Conditions apply, as well as the definitions and terms used in the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Users can be both influencers and companies.
In order to provide a transparent and easy-to-read explanation for our business partners, customers and the public, we would like to explain important terms to you in advance.

Definitions

The definitions of the general terms and conditions apply, as well as the definitions and terms used in the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Users can be influencers as well as companies.
For a transparent and easy-to-read explanation for our business partners, customers and the public, we would like to explain important terms to you in advance.

personal data

Personal data is any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more particular characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

Affected person

Data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company).

Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.

profiling

Profiling is any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts or changes of location of that natural person.

pseudonymization

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures which ensure that the personal data is not assigned to an identified or identifiable natural person.

Contract processor

Contract processor is a natural or legal person, authority, agency or other body that processes personal data on behalf of the person responsible.

transceivers

The recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, public authorities that may receive personal data as part of a specific investigation mandate under Union or Member State law are not considered recipients.

third

A third party is a natural or legal person, authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or processor, are authorized to process personal data.

consent

Consent is any expression of will given voluntarily by the data subject in an informed and unequivocal manner in the form of a statement or other unequivocal affirmative action by which the data subject indicates that he or she agrees to the processing of personal data concerning you.

3. Name and contact details of the person responsible

The responsible body for data processing on this website is:
Kreatory GmbH
Kleinfeldweg 54
69190 Walldorf
Commercial register no.: HRA 776130
Represented by the managing directors: David Winker and Marc Fiebich

4. Contact for data protection and privacy requests

If you have any questions about data protection, data processing and if you would like to find out about your rights, please feel free to contact the following contact.
Kreatory GmbH
c/o Joschka Harmeling
Kleinfeldweg 54
69190 Walldorf

5. Data collection, storage, processing and use

The use of the kreatory influencer marketing platform by influencers and companies is only possible by creating an account. Insofar as personal data is collected, stored and processed by kreatory on our site, this is done to fulfill our contractual performance obligations (Art. 6 para. 1 lit. b) GDPR), to fulfill legal obligations (Art. 6 para. 1 lit. c) GDPR) or on the legal basis of Art. 6 para. 1 lit. a) GDPR (by consent). The processing of personal data may also serve to protect our legitimate interests (Art. 6 para. 1 lit. f) GDPR).
The provision of data and consent to this privacy policy under data protection law are based on the user's free decision. To use the platform and the associated provision of personal data, the user must have reached the age of 18. If this is not the case, the user must obtain permission from the parents or legal guardian and declares to kreatory that this permission is available at the time of use.
Based on consent to fulfill our contractual and legal obligations, the user allows kreatory to collect, store, process and publish the following personal data for the use of our platform. The legal basis on which we carry out data processing can be found below in the list of our data processing operations.
Name of legal basis
legal norm
Name in the following
consent
Art. 6 para. 1 lit. a) GDPR
consent
Processing to fulfill our services and carry out contractual measures
Art. 6 para. 1 lit. b) GDPR
contractual provision of services
Processing to comply with our legal obligations
Art. 6 para. 1 lit. c) GDPR
legal obligations
Processing to protect our legitimate interests
Art. 6 para. 1 lit. f) GDPR
legitimate interest

5.1 On our site

  • Log data (log files) and device information. When you visit our website, we automatically collect the standard data provided by your web browser and log this to enable you to access our website. This data includes the IP address of your device, the URL of the website you are visiting, the version and type of your browser. We also record the time, time of stay and date of your visit and information about the operating system used, as well as the page you last visited and further information. kreatory has a legitimate interest in ensuring that the website is accessible and in enabling a correct display depending on the device used.
    legal basis : contractual provision of services and legitimate interest
  • User account, registration and login. To create an account, we need your first name or company name, as well as your email address and a password during registration.
    legal basis: contractual provision of services and legitimate interest.
  • Profile data and personal data. Without completing your profile, we cannot arrange advertising orders and complete the placement. In order to use our contractual range of services, it is necessary to provide the first and last name, the address (if your stay differs, also the delivery address), your profile picture and your gender. In addition, the date of birth must be provided, as use under 16 years of age is not permitted. In addition, the telephone number must be provided to facilitate communication. We also collect all contract, billing and service data, as well as all support information on all advertising orders to fulfill contractual and legal obligations. The user expressly allows and agrees to use this data for evaluations and analyses in order to be able to optimize our service.
    legal basis : contractual provision of services, legal requirements and consent
  • Order allocation process. When arranging advertising orders, kreatory uses an automated, decision-supporting data processing process (profiling), which enables the company to find the optimal influencer with the optimal reach for advertising. This focuses primarily on the reach and, as a result, anonymized data of the influencer's target group. However, in order to find the right influencer, personal data such as the first and last name, gender, age, and the address of the influencer himself are also required. The processing takes place for the purpose of automated order placement and thus helps companies find suitable influencers, especially when it comes to application deals.
    legal basis : contractual provision of services
  • contractual provision of services. In order to process a payment via our integrated payment service provider for a completed advertising order, we need your payment information (such as your bank account details). Without this information, no payment or payout can take place. In addition, the user must provide their tax number or sales tax identification number in order to be able to issue the credit note. Kreatory may share all necessary data for payment processing and order processing with third-party providers. For more information about our payment service provider's data processing, please visithttps://www.mangopay.com/de/privacy/
    legal basis : contractual provision of services and legal regulations
  • Communication via chat: When you communicate with other Kreatory users, we collect information about all chat histories with the data and files you send. This serves to resolve conflicts and identify illegal activities, as well as violations of our general terms and conditions.
    legal basis : contractual provision of services and legitimate interest
  • ‍notifications. For notifications related to advertising orders and their processing, as well as messages requesting the upload of evidence, notification of changes to the general terms and conditions and this privacy policy, as well as for the communication of individual information, Kreatory may contact the user using the contact details provided by him. The email address, telephone number and mailbox at the user's place of residence are considered as contact details. The newsletter may be sent out several times a month.
    legal basis : contractual provision of services and legitimate interest.
  • Advertising and newsletters. The user agrees that Kreatory can send advertising and newsletters to the user using the contact details provided by him (e-mail, telephone, address) in order to inform the user about offers, news, events or orders and other information. In this regard, the right of objection applies to direct marketing. In particular, the first and last name may also be used for advertising purposes in order to enable a personal contact. The consent can be withdrawn at any time.
    legal basis : consent.
  • ‍Contact and contact form. Your telephone number, email, and first and last name are collected when you contact us via our website, an invitation link or other channels and provide this information. The storage and use are for acquisition and advertising purposes. The data you provide will only be used internally and will not be passed on to third parties. You agree that we may contact you. Contact can be made via a contact form, by e-mail, via social media or via WhatsApp. The consent can be withdrawn at any time with effect for the future.
    legal basis : consent.
  • webinars. If you would like to participate in a webinar via our website or social media channels, we need your email address or telephone number. Without this information, you cannot participate in the online webinar. We may also collect your first and last name, as well as a link to the profile of your social media channel. You agree that we may collect and store this information and use the contact details to contact you. By registering for a webinar, you also agree that we may send you a newsletter to the email address you provided to inform you about news, events and offers. You can withdraw your consent at any time with effect for the future.
    legal basis : consent.
  • consent. This site uses “cookies” to obtain information about your user behavior and activities on our website. Cookies include small text files that are stored on the user's device while using our website, transmitted to us and stored by us in order to be able to analyze and then optimize user behavior. In addition to our own cookies, third-party cookies are used. The user agrees to the use of cookies when visiting our website and acknowledges that the use of cookies can be objected to at any time.
    legal basis : consent.
    5.2 Analysis tools and data processing from third parties
  • Web hosting, data processing (server) and emails
    The hosting of the website, accessible via Kreatory-Marketing.de, and all data processing take place on the Amazon Web Services (AWS) servers in the availability zone (Availability Zone) EU-Central-1 in Frankfurt. For more information, please visit the following link:
    https://aws.amazon.com/de/privacy/
    Communication between user and creator via e-mail via the domain Kreatory-marketing.de takes place via the Hosting.de infrastructure based and data storage in Aachen. For more information, please visit the following link:
    https://www.hosting.de/help privacy/
    legal basis : legitimate interest.
  • SSL encryption
    This website uses https to securely and confidentially transfer your information to us. Using SSL, an encryption protocol for secure data transmission, we can guarantee data security. You can recognize the encrypted connection by the lock icon and by using https://in the browser line. If SSL encryption is active, data transmitted to us cannot be read by third parties.
    legal basis: legitimate interest.
  • Facebook and Instagram app
    In order to ensure target group-oriented marketing and to measure the marketing campaign, the influencer connects their Creator account to their Facebook account and their Instagram account connected to the Facebook account. The influencer agrees that Kreatory will collect, store, process and offer advertising orders the personal data provided by Facebook, the Facebook page ID, the Facebook app user ID, the Instagram username and several short-term, long-term and permanent authentication keys, for verification purposes, as well as all data evaluations about the target group of the Instagram account and anonymous reporting data on user behavior for individual Instagram posts, and may pass on potential customers in an appropriate form. The influencer also declares his consent that this information provided by Facebook or Instagram may be used and published on the Kreatory website in edited form and for statistical evaluations. Data is not sold to third parties. The link can be unlinked at any time. The link is also removed by deleting the Creator account.
    For more information, please visit the following link:
    https://developers.facebook.com/terms/#serviceprovidersandtechproviders
    legal basis : contractual obligation to perform and legitimate interest
  • YouTube and Google API services
    In order to ensure target group-oriented marketing and to measure the marketing campaign, the influencer connects their Creator account with their YouTube account by carrying out the Google OAuth2 process. The influencer agrees that Kreatory will collect, store, process and provide companies and potential customers with advertising orders in an appropriate form the personal data provided by YouTube, the channel ID, the channel username and several short-term, long-term and permanent authentication keys, as well as all data evaluations about the target group of the YouTube account and anonymous reporting data on user behavior for individual YouTube videos and YouTube shorts is allowed to pass on. The influencer also declares his consent that this information provided by YouTube or Google may be used and published on the Kreatory website in edited form and for statistical evaluations. Data is not sold to third parties. The link can be undone at any time in the settings on Kreatory or in the Google account settings under “Security” and “Third-party apps with account access.” The link is also removed by deleting the Creator account.
    Legal basis: Contractual Obligation to Perform and Legitimate Interest
    Link to remove the link from Google
    https://myaccount.google.com/permissions?pli=1
    For more information, please visit the following link
    https://www.youtube.com/t/terms
  • Google Analytics and Google Ads (Google Ireland Limited, Gordon House, Barrow Street Dublin 4, Ireland)
    On our website, we use Google Analytics and Google Ads to record and analyze the user behavior of our website visitors. This in turn is achieved through cookies and web beacons. The collection and analysis serve to optimize our range of services. Further information on data processing can be found under the following links:
    Privacy statement:
    https://support.google.com/analytics/answer/6004245?hl=de
    legal basis : consent.
  • Facebook Pixels, Custom Audiences and Facebook Conversion (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland)
    Facebook Pixels is a tracking tool that is installed on this website via a link (tracking code). This tracking tool, similar to a cookie, is used to analyze user behavior when users access our website via internal platform advertisements or pages. The tool is also used to place advertising on social media channels about the website visited. We use these analyzes to improve our service and to address interest groups more specifically. You agree to the use of the Facebook Pixel by giving your consent during your visit to our website. Consent can be withdrawn at any time with future effect. Further information on data processing can be found under the following links:
    Privacy statement:
    https://www.facebook.com/about/privacy/
    Opt-out
    https://www.facebook.com/settings?tab=ads
    legal basis : consent
  • Captchas (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland)
    In some cases, this website uses Google reCAPTCHA v2 to prevent bots from using registration or text fields. The use of captchas thus increases the security of our website and prevents users from receiving SPAM messages. For this purpose, log and device data, as well as the results of the machine test, are collected and transmitted to Google. It is not used for advertising purposes. For more information, please visit the following links:
    Privacy statement:
    https://policies.google.com/privacy
    More:
    https://developers.google.com/recaptcha/
    legal basis: legitimate interest
  • Sendinblue (Köpenicker Strasse 126, 10179 Berlin)
    We use Sendinblue to provide interested parties and users with information about influencer marketing and to enable the functionality of our platform. Sendinblue is a service that allows forms to be offered online. The entered data (email, first name, information about interests) will then be made available on Sendinblue for processing. With Sendinblue, Kreatory sends newsletters and offers a live chat on the website. For this purpose, we share your data with Sendinblue for data processing. Consent is given via the double opt-in procedure. This means that after signing up for the newsletter, the interested party and user receives an email to confirm the registration. This confirmation is used for verification and proof of consent. The consent can be withdrawn at any time with effect for the future.
    For more information, please visit the following link:
    Privacy statement:
    https://de.sendinblue.com/legal/privacypolicy/
    Legal basis: Consent
  • WhatsApp Business (WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland)
    We use WhatsApp Business Messenger to contact you. The interested party agrees that Kreatory may save and use the telephone number to respond to messages. The consent can be withdrawn at any time with effect for the future.
    For more information, please visit the following link:
    https://www.whatsapp.com/contact/?subject=privacy
    legal basis: consent
  • Hotjar (Hotjar Ltd, Dragonara Business Centre, 5th Floor, Dragonara Road, Paceville St Julian's STJ 3141 Malta, Europe)
    Hotjar is a tracking tool that is built into this website using a script (tracking code). Similar to a cookie, this tracking tool is used to analyze user behavior when users reach our website. We use these analyses to improve our service and to be able to address interest groups in a more targeted manner. You agree to the use of Hotjar cookies by giving your consent during your visit to our website. The consent can be withdrawn at any time with effect for the future. Further information on data processing can be found at the following link:
    For more information, please visit the following link:
    https://www.hotjar.com/legal/policies/privacy/
    legal basis: consent

6. Transfer to third parties

Personal data will only be passed on to third parties to fulfill legal and contractual requirements or if the user has consented to the transfer. In particular, the data of companies and influencers can be exchanged with each other if this serves to fulfill advertising orders. Kreatory is also permitted to share user data if it serves Creator's legitimate interest. Data will not be passed on for other purposes without the user's consent. Bank account data, personal data and the tax number or sales tax identification number may be passed on to payment system operators for billing purposes. For identification, the user allows suitable documents, such as an official photo ID, to be passed on to our integrated payment service provider. For sending promotional products, the address, first and last name are passed on to parcel deliverers. In certain cases, Kreatory is required to transfer user data about the influencer to Facebook or Instagram. In the event of violations of our general terms and conditions or for the purpose of resolving conflicts, user contact details may be passed on to other users for clarification.
We also work with external service providers. These service providers are commissioned by us and work in accordance with instructions. There is no transfer of personal data to third parties. If necessary, there is an order processing contract with these providers. The legal regulations also apply.

7. Duration of storage of personal data

Kreatory always stores your data until the user irrevocably deletes the account or requests the deletion of certain data. In addition, storage only takes place for as long as is necessary to fulfill contractual obligations, to fulfill legal obligations (storage obligations under commercial and tax law) or to achieve the purpose of storage. If the storage purpose ceases to apply or legal storage periods expire, your personal data will be blocked or deleted. While we store your data, we use the means available to us to prevent data loss and secure your data in the best possible way.

8. Transfer to third countries

The servers of our service providers are generally located in Germany. However, the user (company or influencer) may be based abroad. The user therefore grants permission to transfer all relevant data to a customer located in a third country (i.e. outside the European Union (EU)) or in the European Union (EU) or in the European Economic Area (EEA), which is necessary to process advertising orders and use our website.
In addition, data from users or interested parties may be stored and processed on servers in a third country. It depends on the third party providers.

9. Data protection and data security measures

We take contractual, organizational and technical security measures in accordance with the state of the art to ensure that the provisions of data protection laws are complied with and to protect the data processed by us from accidental or intentional manipulation, loss, destruction or access by unauthorised persons.
Security measures include encrypted transmission of data via SSL/HTTPS, the use of same-site cookies for authentication purposes, and consistent encryption of user passwords. Furthermore, all data is stored and processed on servers in Germany.
Your personal data is protected by the following measures:
1. Maintaining discretion regarding personal user data
In order to maintain the discretion of stored personal data, we have taken various measures, such as data pseudonymization and access control measures for our databases.
2. Integrity of personal user data
In order to protect the integrity of personal user data stored by us, measures are taken to control forwarding and input.
3. Availability of personal data
In order to ensure the availability of personal data stored by us, we have taken various replication and availability check measures.
Maintaining discretion regarding personal user data
In order to maintain the confidentiality of stored personal data, we have taken various measures, such as data pseudonymization and access control measures for our databases.
Integrity of personal user data
In order to protect the integrity of personal user data stored by us, transfer and input control measures are taken.
Availability of personal data
In order to ensure the availability of personal data stored by us, we have taken various measures to replicate and check availability.
‍
The security mechanisms and measures used by Kreatory to protect data and privacy are constantly being overhauled and reviewed in line with technological developments. Despite these measures, we cannot fully guarantee the security of your data transmission to our web applications due to the fundamentally uncertain and constantly changing nature of the Internet. As a result, any data transmission from you to our web applications and other communication with our employees is at your own risk. Our website also contains links to other sites on the Internet. We ourselves have no influence on the content of the links and the data protection regulations available there.

10. Your rights (rights of data subjects)

As part of this section, you will find out what rights you have vis-à-vis the responsible body at Kreatory. Note that when exercising one or more of these rights, we may want to verify your identity.

10.1 Managing Your Information

You can access your personal data yourself at any time on the Kreatory platform under “Profile Settings” and update, correct and supplement it. It is your own responsibility to keep your personal information up to date.

10.2 Right to withdraw consent

You have the option to withdraw your consent to the processing of personal data at any time with effect for the future. However, such a revocation does not affect our previous processing operations. To withdraw, you can send an e-mail to datenschutz@kreatory.com.

10.3 Right to information

You have the right to obtain free information about your personal data stored by us. On request, we will be happy to inform you in a format suitable for you whether and which personal data we have stored about you and whether and how we process this data. This also includes the origin and recipients of your data, as well as the purpose of data processing. You can also find out how long we store your data, if possible. To do so, you can send an email to datenschutz@kreatory.com.

10.4 Right to rectification

You have the right to have your personal data stored by us corrected or completed immediately. In doing so, you can request that processing be restricted, e.g. if you dispute the accuracy of your personal data. To do so, you can send an email to datenschutz@kreatory.com.

10.5 Right to deletion

You have the right to request that we restrict the processing of your personal data. To do so, you can send an email to datenschutz@kreatory.com.

10.6 Right to restrict processing

You have the right to request that we restrict the processing of your personal data. To do this, you can send an email to datenschutz@kreatory.com.

10.7 Right to data portability

You are entitled to request that we provide the personal data transmitted to us in a structured, common and machine-readable format, which allows transmission to another location.

10.8 Objection rights

You have the right to object at any time in cases of direct marketing. Direct marketing involves data processing for advertising purposes. If personal data has been collected on the basis of our legitimate interest, you can also file an objection at any time, provided that there are reasons arising from a particular situation. To file an objection, you can send an e-mail to datenschutz@kreatory.com.

10.9 Right to lodge a complaint

In the event of violations of our data processing processes against the GDPR, you have the right to lodge a complaint with the data protection supervisory authority. To do so, you can contact the competent authority at your place of residence, our registered office or the authority at your place of work.

11. Order data processing

If the client provides Kreatory with personal data for processing within the meaning of Article 28 GDPR, it is confirmed that consent has been given or that contractual provisions permit this.
The provisions of these data protection regulations and the terms and conditions for influencers then apply to this personal data.

12. Amendment to this privacy statement

Kreatory is entitled to change, adapt and update this privacy policy so that we can always comply with data protection regulations or expand or change our range of services. The most recent version applies to your visit to our websites.

13. contact

If you have any questions about this privacy policy or our data processing processes, the user is welcome to contact our data protection officer at datenschutz@kreatory.com.
The date of this privacy policy is April 23, 2021.
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