1. INTRODUCTION

ZGA Digital takes the privacy and security of your personal data seriously. In this policy we refer to Influencers and Content Creators collectively as “Influencers”.

In order for ZGA Digital to represent Influencers and to connect Influencers with brands, we need to use certain personal data. This privacy explains what personal data we collect and how it is used. This privacy policy applies to you if you are an Influencer represented by ZGA Digital or where you are considering representation by ZGA Digital. It also applies where ZGA Digital speculatively approaches you, as an Influencer, about an opportunity with a brand.

Please read this privacy policy carefully and let us know if you have any questions. You can contact us about privacy matters at [email protected]

We may update this notice at any time, and we may provide you with additional privacy notices from time to time.

This notice is provided pursuant to the UK GDPR.

Controller of your personal data

A “controller” under data protection laws is a company that determines the purposes for which your personal data will be used and how it will be processed. A controller has to provide a privacy notice to anyone that it collects personal data from. It is for this reason that we are providing this privacy policy to you – because we collect your personal data.

For the purposes of this privacy policy, the controller of your personal data is ZGA Digital a company incorporated in England and Wales with company number 12812539 and with registered office at Elsley Court, 20-22 Great Titchfield Street, London W1W 8BE.

• TYPES OF PERSONAL DATA THAT WE PROCESS

Personal data means any information about an individual from which that person can be directly or indirectly identified. It does not include anonymous data where a person’s identity has been removed.

Personal data which you provide to us

We collect data from Influencers if you are registered on our books and provide personal data which we request from you for this purpose.  

You will be aware of the majority of this personal data, since you provide this personal data voluntarily when you provide personal data to us. This personal data consists of:

• first name;
• last name;
• if applicable, social media name;
• home address;
• personal telephone number(s);
• email address;
• device details;
• data on social media account activity which you provide to us;
• information about earnings;
• information about previous engagements with Brands, including financial terms;
• employment/engagement preferences; and
• bank account details.

Personal data which we do not directly collect from you

We may collect certain personal data directly from your social media accounts where you provide us with permission to access data on social media activity.

Brands may provide us with information about previous engagements with you, including how much was paid for a particular engagement.

We may also independently collect personal data from online sources to form a professional profile on you to pitch your services to brands effectively.

• HOW WE COLLECT YOUR PERSONAL DATA

We collect certain personal data directly from you, as described in section 2.

We also collect personal data about Influencers independently where necessary for the purposes set out in the privacy policy from online sources or from brands.

• LEGAL BASIS FOR THE USE OF YOUR PERSONAL DATA

Data protection law specifies a number of grounds on which we are entitled to use your personal data. We are also required to inform of the grounds which we are relying on to process your personal data.

Most commonly, we will use your personal information on the following grounds:

• in order to perform the legal agreement between you and ZGA Digital;
  • where we need to comply with a legal obligation;
  • where it is necessary for our legitimate interests (or those of a third-party) and your interests and fundamental rights do not override those interests.

We may also use your personal data on the following grounds, in the unlikely event that these become relevant:

• Where we need to protect your interests (or someone else’s interests)
  • Where it is needed in the public interest or for official purposes.

• PURPOSES FOR WHICH WE PROCESS YOUR PERSONAL DATA

We set out in the table below the purposes for which we process your personal data and the corresponding lawful grounds on which we carry out such processing.

• AUTOMATED DECISION-MAKING

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

• TRANSFERS TO THIRD PARTIES

We may have to share your personal data with certain third parties, including third-party service providers for example because it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. Specifically, we routinely share your personal data with the following recipients or classes or recipient:

• Brands for the purposes set out in this privacy policy;
  • ZGA Digital’s professional advisers including ZGA Digital’s accountants or lawyers where necessary in order for ZGA Digital to receive professional services; and
  • third-party service providers.

Third-party service providers may carry out the following services: administration, hosting and provision of customer relationship management systems and IT services.

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.

We require third parties to respect the security of your data and to treat it in accordance with the law. They must act only in accordance with our instructions, and they agree to  keep your personal data confidential and secure.

• TRANSFERS OUTSIDE OF THE EEA

We may transfer your personal information outside the UK and share your personal data with service providers that are located outside the UK and the European Economic Area from time to time.

Where we, or our service providers, transfer your personal data outside of the UK in this way we will do so in compliance with applicable laws, including the UK GDPR, and apply adequate safeguards so that your personal data is treated in a way that is consistent with and which respects UK laws on data protection, including via standard contractual clauses. If you require further information about our safeguard measures in place you can request it from [email protected]

• DATA RETENTION

We will retain your personal information for as long as necessary to fulfil the purposes we collected it for as set out in this policy, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

1. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal information changes.

You are granted various rights under data protection laws, which we summarise below:

• right to access personal information – you have a right to obtain confirmation of whether we are processing your personal information, access to your personal information and information regarding how your personal information is being used by us;
• right to have inaccurate personal information rectified – you have a right to have any inaccurate or incomplete personal information rectified. If we have disclosed the relevant personal information to any third parties, we will take reasonable steps to inform those third parties of the rectification where possible;
• right to have personal information erased in certain circumstances – you have a right to request that certain personal information held by us is erased. This is also known as the right to be forgotten. This is not a blanket right to require all personal information to be deleted. We will consider each request carefully in accordance with the requirements of any laws relating to the processing of your personal information.
• right to restrict processing of personal information in certain circumstances – you have a right to block the processing of your personal information in certain circumstances. This right arises if you are disputing the accuracy of personal information, if you have raised an objection to processing, if processing of personal information is unlawful and you oppose erasure and request restriction instead or if the personal information is no longer required by us but you require the personal information to be retained to establish, exercise or defend a legal claim;
• right to data portability – in certain circumstances you can request to receive a copy of your personal information in a commonly used electronic format. This right only applies to personal information that you have provided to us (for example by completing a form or providing information through a website). Information about you which has been gathered by monitoring your behaviour will also be subject to the right to data portability. The right to data portability only applies if the processing is based on your consent or if the personal information must be processed for the performance of a contract and the processing is carried out by automated means (i.e., electronically);
• right to object to processing of personal information in certain circumstances, including where personal information is used for marketing purposes – you have a right to object to processing being carried out by us if (a) we are processing personal information based on legitimate interests or for the performance of a task in the public interest (including profiling), (b) if we are using personal information for direct marketing purposes, or (c) if information is being processed for scientific or historical research or statistical purposes. You will be informed that you have a right to object at the point of data collection and the right to object will be explicitly brought to your attention and be presented clearly and separately from any other information; and
• right not to be subject to automated decisions where the decision produces a legal effect or a similarly significant effect – you have a right not to be subject to a decision which is based on automated processing where the decision will produce a legal effect or a similarly significant effect on you.

You may exercise any of your rights at any by contacting us at [email protected]

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

If we request, from time to time, your consent to the processing of personal data, you have the right to withdraw your consent at any time.

1. ENQUIRIES AND QUESTIONS

If you have any questions about the way in which we use your personal data, please contact us at [email protected]. In the first instance, we will endeavour to resolve any issues that you raise.

You also have the right to make a complaint to the Information Commissioner’s Office, the UK supervisory authority for data protection issues. The website of the Information Commissioner’s Office is www.ico.org.uk/