We respect the privacy of every person who visits or registers with our websites and platforms, including at www.flaremarketplace.com (the “Site”) and who uses the services that we make available from the Site (our “Services”) and we are committed to ensuring a safe online experience.
1. PURPOSE OF THIS POLICY
This privacy policy ("Privacy Policy") explains our approach to any personal information that we might collect from you or which we have obtained about you from a third party and the purposes for which we process your personal information. This Privacy Policy also sets out certain rights you may have in respect of our processing of your personal information, depending on where you live. For more information click here.
This Privacy Policy will inform you of the nature of the personal information about you that is processed by us and how you may be able to request that we delete, update, transfer it and/or provide you with access to it, depending on where you live.
This Privacy Policy is intended to assist you in making informed decisions when using the Site and our Services. Please take a moment to read and understand it. Please note that it should be read in conjunction with our Ad and Cookie Policy, Platform Terms of Use and Submission Rules (if you are a content creator).
Please also note that this Privacy Policy only applies to the use of your personal information obtained by us, it does not apply to your personal information collected during your communications with third parties or your use of their services (for example where you follow links to third party websites over which we have no control or purchase goods or services from those third parties).
2. WHO ARE WE AND WHAT DO WE DO?
The Site and our Services are operated by Flare Marketplace (“Flare”, “we”, “us” or “our”). For more information click here. Flare Marketplace is the data controller responsible for your personal information. Flare Marketplace is a US company with an office at 225 North Michigan Avenue, Chicago, IL 60601.
This Privacy Policy does not apply to the websites and practices of Energy BBDO, Inc. It also does not apply to the practices of Omnicom Group agencies, subsidiaries, or other affiliates.
3. HOW TO CONTACT US
If you have any questions about this Privacy Policy or want to exercise your rights set out in this Privacy Policy, please contact us by:
• writing to us at: 225 North Michigan Avenue, Chicago, IL 60601
• sending an e-mail to contact@flaremarketplace.com; or
• calling us at 312-595-2522
If you are an EU resident, you may also contact us through our EU Article 27 Representative by:
• sending an e-mail to flare@gdprrepresentative.eu
If you are an EU resident, you may also contact us through our Article 27 Representative by:
• sending an e-mail to flare@privacyrep.co.uk
4. WHO WE COLLECT PERSONAL INFORMATION ABOUT
We collect personal information directly from you when you interact with us. We may also collect personal information from you, your browser, and your devices passively when you use our Site and Services. We may have third parties collect personal information this way. We collect and process personal information from the following people:
• Site visitors, content creators and users of our Services. For more information click here.
If you browse our Site, contact us with an inquiry through our Site or use any Services (available on our Site or otherwise), we will collect and process your personal information in connection with your interaction with us and our Site.
• Social media users. For more information click here.
If you like our Facebook page, subscribe to our YouTube channel or follow us on Instagram or Twitter, we will collect and process your personal information in connection with our interactions with you on those social media sites.
• Suppliers (including subcontractors). For more information click here.
If you supply products or services to us on your own behalf, we will collect and process your personal information in connection with our receipt of products and services from you and, where relevant, our provision of our Services to others.
• Brand and agency clients. For more information click here.
Corporate entities and other organizations are not data subjects under certain applicable laws, although any individuals who work for them are. If you work for or otherwise represent an organization which is one of our brand or agency clients and you are engaging with us directly on behalf of that organization, whether through our Site or otherwise, we will collect and process your personal information in connection with our provision of Services and our wider relationship with your organization.
5. WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE USE IT?
We collect certain categories of personal information, including contact information, payment information, information you submit or post, and demographic information from and about you when you use our Site and Services. We may collect other usage, device, Internet, network activity, or location information. For example, we may collect information about the browser you’re using. We might look at what website you came from, or what website you visit when you leave our Site.
Our primary goal in collecting personal information from you is to: (i) provide our Services, communicate with you, and verify your identity; (ii) help us improve our Site and Services, and develop and market our Site and Services; (iii) carry out and respond to requests made by you on the Site or questions you send us; (iv) investigate or settle inquiries or disputes; (v) comply with any applicable law, court order, other judicial process, or the requirements of a regulator; (vi) enforce our agreements with you; (vii) protect the rights, property or safety of us or third parties, including our other clients and users of the Site, including for security purposes; (viii) provide support for the provision of our Services; and (ix) use personal information as otherwise required or permitted by law.
In particular, we collect and use the following categories of personal information for the following purposes:
• Fulfilment of our Services and Site features. For more information click here.
We collect and maintain personal information that you voluntarily submit to us during your use of the Site and/or our Services.
Purchases: We use the contact and payment details you have provided so that we can fulfil our payment obligations once your project submissions are selected. Please note that any contractual terms applicable to the particular services you have provided will also apply.
Account registration and log in: If you register for a creator account with us, we will use your name, email address, postal address and specialities to process your registration. Once you are registered, we will process your email address and password to identify you when you log into secure areas of our Site. We will use your account information so that we can administer your account with us.
Who do we share your personal information with for this purpose?
We will share your personal information with the following categories of third parties:
• To review and select submissions made in response to project briefs – creative agencies and their clients relevant to the project in which you are participating.
• To provide you with notifications of projects relevant to your tier/user profile – we use a third party email provider to create, send and manage responses.
• To maintain the Site and its functionality – our CMS and CRM tech partners and those where we conduct reviews of the platform and its functionality, e.g. survey facilitators.
• To make payments or issue project rewards – online payment companies, such as PayPal, and companies we purchase gifts and products from.
What is our legal basis?
It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you.
• General inquiries. For more information click here.
Our Site features a “Contact Us” page which invites you to submit general inquiries about our Site, our organization and our Services by submitting a message to us and providing your name and email address.
Who do we share your personal information with for these purposes?
We use third party providers to manage our Site and customer relationships who may have access to any general inquiries and messages that we receive via the Site.
What is our legal basis?
It is in our legitimate interest to use your personal information in the ways described above to ensure that we are able to help you with your inquiry and provide a good standard of service to you.
• Surveys and feedback. For more information click here.
From time to we will contact you to invite you to provide feedback about our Site and / or Services in the form of online surveys. Alternatively you may submit queries or feedback to us via the “Contact Us” section on our Site. We use this information to help us improve the quality of service provided by us. We also use your feedback to monitor the quality of our services and to assist with the selection of future interactive features and service lines.
Who do we share your personal information with for these purposes?
We use a third party service provider, e.g. Survey Monkey, to assist us with customer surveys and feedback requests.
What is our legal basis?
It is in our legitimate business interests to use the information you provide to us in your feedback for the purposes described above.
• User insight and analysis. For more information click here.
We analyse your activity and interactions with our Site, including briefs you participate in, as well as our email communications to you, so we can advise our brand or agency clients on any key analytics. This both helps our clients tailor projects that best suit the Site as well as provide you with more appropriate projects.
Where you have given your consent (where lawfully required), we use cookies, log files and other technologies to collect personal information from the computer hardware and software you use to access the Sites, or from your mobile. This includes the following:
• an IP address to monitor Site traffic and volume;
• a session ID to track usage statistics on our Sites;
• information regarding your personal or professional interests, demographics, participation habits, experiences with our projects and interactive features.
Our web pages and e-mails contain cookies, web beacons and pixel tags (“Tags”). Tags allow us to track receipt of an e-mail to you, to count users that have visited a web page or opened an e-mail and collect other types of aggregate information. Once you click on an e-mail that contains a Tag, your contact information may subsequently be cross-referenced to the source e-mail and the relevant Tag.
In some of our e-mail messages, we use a “click-through URL” linked to certain websites administered by us or on our behalf. We may track click-through data to assist in determining interest in particular topics and measure the effectiveness of these communications.
Please see our Ad and Cookie Policy for further information.
This information is used to create profiles and insights about your interaction with the Site. Where we have your consent to do so, we will also use your location data for user insight purposes.
By using this information, we are able to measure the effectiveness of our content and how visitors use our Sites and our Services. This allows us to learn what pages of our Site are most attractive to our visitors, which parts of our Sites are the most interesting and what kind of offers our registered users like to see.
We also use this information for marketing purposes, including to tailor and target our advertising (see the marketing section below for further details).
Who do we share your personal information with for these purposes?
We share your personal information with a variety of third party service providers to assist us with user insight analytics. These providers include those described in our Ad and Cookie Policy.
What is our legal basis?
Where your personal information is completely anonymised, we do not require a legal basis to use it as the information will no longer constitute personal information that is regulated under data protection laws. Please see our Ad and Cookie Policy for further details.
Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information in such a way to ensure that we provide the very best services to you and our other customers.
• Marketing communications.
We carry out the following marketing activities using your personal information:
• Email marketing. For more information click here
We carry out email marketing activities using your personal information. We use your name and email address to send you (or the organization you represent) marketing communications by email, where you have consented to receive such marketing communications or where we have another lawful right to do so. Such communications will include information about our organization or new technology available, notification of new projects and events we offer from time to time.
Who do we share your personal information with for these purposes?
We share your personal information with a variety of third party email marketing providers who assist us in delivering our email marketing campaigns to you. We also store your personal information in our CRM database.
What is our legal basis?
We will only send you marketing communications via email where you have consented to receive such marketing communications, or where we have another lawful right to do so.
• Social media remarketing. For more information click here
We use information that we observe about you from your interactions with our Sites, our email communications to you and/or with our Services to provide you with personalised advertising on social media channels – including, for example, those operated by Facebook (including Instagram) and Twitter – where you are a registered user of such services. Please see the User Insight and Analysis section above for more details of the information collected and how it is collected.
For example, we do this using Facebook Custom Audiences and Twitter’s Tailored Audience. Please note that such activity is also subject to the privacy choices you have elected to make on such services.
Who do we share your personal information with for these purposes?
We share your email address with third party service providers who assist us with social media remarketing campaigns.
Your email address, social media handle or cookie identifiers may also shared by us or our third party service providers with certain social media platforms, including Facebook under the terms of their Facebook Customer Audiences and / or with Twitter under the terms of their Tailored Audiences.
What is our legal basis?
Where your personal information is completely anonymised, we do not require a legal basis to use it as the personal information will no longer constitute personal information that is regulated under data protection laws. Please see our Ad and Cookie Policy for further details.
Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information for marketing purposes.
• Prize draws, prize competitions and other promotions. For more information click here.
From time to time, we may run prize draws, competitions and other promotions on the Site or on our social media accounts. For the purposes of administering such promotions, we may process your name, contact details (email address, postal address, telephone number), social media handle (if relevant) and any other personal information volunteered by you in your promotion entry.
Who do we share your personal information with for these purposes?
We often run these prize draws and competitions in conjunction with third parties, such as the brand client or another third party within the creative industry. We may also share your personal information with third parties in order to award you with the prize.
What is our legal basis?
It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you (e.g. the terms and conditions applicable to the promotion) or it is in our legitimate interest to use your personal information to enable you to participate in any prize draws, prize competitions and other promotions.
• Receipt of services from suppliers. For more information click here.
If we have engaged you or the organization you represent to provide us with products or services (for example, if you or the organization you represent provide us with services such as IT support or financial advice), we will collect and process your personal information in order to manage our relationship with you or the organization you represent, to receive products and services from you or the organization you represent and, where relevant, to provide our Services to others.
The personal information we collect from you may include your name, job title, contact information (including email address, telephone number and postal address), bank account or other payment details and any other personal information you volunteer which is relevant to our relationship with you or the organization you represent.
Who do we share your personal information with for these purposes?
We may share your personal information with Energy BBDO, Inc., other agencies within the Omnicom group, our clients, or with other third parties who are also providing services to us on the same matter.
Our legal basis for processing
It is necessary for us to use your personal information to perform our obligations in accordance with any contract that we may have with you or the organization you represent or it is in our legitimate interest to use personal information in such a way to ensure that we have an effective working relationship with you or the organization you represent and are able to provide our Services to you and others in an effective way.
• Business administration and legal compliance. For more information click here
We use your personal information for the following business administration and legal compliance purposes:
• to comply with our legal obligations;
• to enforce our legal rights;
• protect ourselves and the rights of third parties; and
• to any successor to all or part of our business, including in connection with a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets.
Who do we share your personal information with for these purposes?
We will share your personal information with professional advisers such as lawyers and accountants and/or governmental or regulatory authorities.
What is our legal basis?
Where we use your personal information in connection with a business transition, enforce our legal rights, or to protect the rights of third parties it is in our legitimate interest to do so. For all other purposes described in this section, it is our legal obligation to use your personal information to comply with any legal obligations imposed upon us such as a court order.
Where we share your sensitive personal information, we shall obtain your consent to do so to the extent required by applicable law.
• Any other purposes for which we wish to use your personal information that are not listed above, or any other changes we propose to make to the existing purposes will be notified to you using your contact details.
6. WHAT IF YOU FAIL TO PROVIDE YOUR PERSONAL INFORMATION?
Where we are required by law to collect your personal information, or we need to collect your personal information under the terms of a contract we have with you, and you fail to provide that personal information when we request it, we may not be able to perform the contract we have or are trying to enter into with you. This may apply where you do not provide the personal information we require in connection with a project for a particular client or an application for employment with us. In this case, we may have to cancel your job application or the provision of the relevant products or services to you, in which case we will notify you.
7. YOUR CHOICES
Where our use of your personal information requires your consent under applicable law, you can provide such consent:
• at the time we collect your personal information following the instructions provided; or
• by informing us by e-mail, post or phone using the contact details set out in this Privacy Policy.
You can opt out of receiving our marketing emails. To stop receiving our promotional emails, follow the instructions in any promotional message you get from us. If you are an EU resident and you object to our use of your information for direct marketing purposes, please contact us using the contact information in Section 3. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your requests, questions, or submissions.
You can control tools on your mobile devices. For example, you can turn off app permissions, push notifications, and precise location information collection on your phone. For more information, visit your device settings.
8. OUR USE OF COOKIES AND SIMILAR TECHNOLOGIES
Our Sites use certain cookies, pixels, beacons, log files and other technologies of which you should be aware. Please see our Ad and Cookie Policy to find out more about the cookies and other similar technologies we use, the purposes for which we use them and how to manage, block or delete them, including our Do Not Track Policy.
9. THIRD PARTY LINKS AND SERVICES
Our Sites contain links to third party websites and services. Please remember that when you use a link to go from our Sites to another website or you request a service from a third party, this Privacy Policy no longer applies. For more information click here.
Your browsing and interaction on any other websites, or your dealings with any other third party service provider, is subject to that website’s or third party service provider’s own rules and policies.
We do not monitor, control, or endorse the privacy practices of any third parties.
We encourage you to become familiar with the privacy practices of every website you visit or third party service provider that you deal with and to contact them if you have any questions about their respective privacy policies and practices.
This Privacy Policy applies solely to personal information collected by us through our Service and does not apply to these third party websites and third party service providers.
10. INFORMATION TRANSFERS AND STORAGE
We store information all information within the EU or EEA. If we transfer data outside the EU or EEA, we will comply with our legal and regulatory obligations in relation to the personal information including having a lawful basis for transferring personal information. We will also ensure that appropriate safeguards are in place to ensure an adequate level of protection for the personal information. We will take reasonable steps to ensure the security of your personal information in accordance with applicable data protection laws by agreeing, for example, on matters related to the confidentiality and processing of personal data as required by legislation, for example by using the model contractual clauses adopted by the European Commission, and otherwise so that the processing of personal data takes place in accordance with this privacy policy.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.
11. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
Regarding personal information we have processed in connection with the supply of our Services, we will retain personal information relevant to that supply of Services for as long as reasonably necessary and in compliance with our obligations under applicable law. We may then destroy such files without further notice or liability.
Regarding any other personal information we have processed, we will retain relevant personal information as reasonably necessary based on the date of our last interaction with the relevant individual and in compliance with our obligations under applicable law. We may then destroy such files without further notice or liability.
If any personal information is only useful for a short period (e.g. for a specific event or marketing campaign or in relation to recruitment), we may delete it at the end of that period.
If you have opted out of receiving marketing communications from us, we will need to retain certain personal information on a suppression list indefinitely so that we know not to send you further marketing communications in the future.
12. CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION
We are committed to keeping the personal information you provide to us secure and we will take reasonable precautions to protect your personal information from loss, misuse or alteration. However, the Internet is not 100% secure. We cannot promise that your use of our Sites will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords. For more information click here.
We have implemented information security policies, rules and technical measures to protect the personal information that we have under our control from:
• unauthorised access;
• improper use or disclosure;
• unauthorised modification; and
• unlawful destruction or accidental loss.
All of our employees and data processors (i.e. those who process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of the personal information of all users of our Services.
13. I’M A CALIFORNIA RESIDENT. WHAT ARE MY RIGHTS?
If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email, or write to us at the address listed in Section 3 above. Indicate in your letter or in the subject line of your email that you are a California resident making a “Shine the Light” inquiry.
14. I’M AN EU OR UK RESIDENT. WHAT ARE MY RIGHTS?
If you are an EU or UK resident, you have the following rights in relation to the personal information we hold about you:
• Your right of access. For more information click here.
If you ask us, we’ll confirm whether we’re processing your personal information and, if so, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
• Your right to rectification. For more information click here
If the personal information we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. If we’ve shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
• Your right to erasure. For more information click here.
You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable). If we’ve shared your personal information with others, we’ll let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly. Note that if you hold a registered account with us, you can also delete that account should you wish by following the instructions on your profile page.
• Your right to restrict processing. For more information click here.
You can ask us to ‘block’ or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us processing it. It won’t stop us from storing your personal information though. We’ll tell you before we lift any restriction. If we’ve shared your personal information with others, we’ll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
• Your right to data portability. For more information click here.
You have the right, in certain circumstances, to obtain personal information you’ve provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
• Your right to object.
You can ask us to stop processing your personal information, and we will do so, if we are:
• relying on our own or someone else’s legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or
• processing your personal information for direct marketing.
• Your rights in relation to automated decision-making and profiling. For more information click here.
You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.
• Your right to withdraw consent. For more information click here.
If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.
• Your right to lodge a complaint with the supervisory authority. For more information click here.
If you have a concern about any aspect of our privacy practices, including the way we have handled your personal data, please contact us using the contact details provided above. You can also report any issues or concerns to a national supervisory authority in the Member State of your residence or the place of the alleged infringement. You can find a list of contact details for all EU supervisory authorities at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are resident in the United Kingdom, the regulatory authority is the Information Commissioner’s Office (“ICO”). Contact details for the ICO can be found on its website at https://ico.org.uk.
15. OUR SITES AND SERVICES ARE NOT INTENDED FOR CHILDREN
Our Sites and Services are meant for adults. We do not knowingly collect personally identifiable information from children without permission from a parent or guardian. If you are a parent or legal guardian and think your child has given us information, you can contact us using the contact information in Section 3. If you are a U.S. resident, please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children's privacy on-line here.
16. CHANGES TO THIS PRIVACY POLICY
We may make changes to this Privacy Policy from time to time. For more information click here. We will update this Privacy Policy from time to time to reflect any changes to our use of your personal information. We may also make changes as required to comply with changes in applicable law or regulatory requirements. Where required by law, and where we have your email address, we will notify you by e-mail of any material changes. However, we encourage you to review this Privacy Policy periodically to be informed of how we use your personal information.
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