Privacy Policy
Effective Date: May 29, 2019
(A) General Terms
This privacy policy (“Privacy Policy”) is issued by Magnolia Innovation, LLC (“MI”, “we”, “us” and “our”) and is addressed to individuals outside our organization with whom we interact, including customers and visitors to our website(s) (“Sites”), and other users of our services (together, “you” or “your”). Capitalized terms not defined elsewhere are explained in Section (D) below. We are committed to maintaining the accuracy, security, and privacy of Personal Data in accordance with applicable laws. This Privacy Policy is a statement of principles and guidelines concerning the protection of your Personal Data, and its purpose is to set forth this commitment and our compliance with applicable privacy laws and associated rules governing how Personal Data is collected, used and disclosed. Further, this Privacy Policy outlines the types of information we collect and receive, how we collect or receive it, and how we store, use or share it. Please note that our Sites are not directed to individuals under the age of sixteen (16) years old, and we request that these individuals do not provide Personal Data through the Sites. We do not knowingly collect information from those who are under 16.
(B) Consent
By submitting Personal Data to us or our service providers and agents, you agree that we may collect, use, and disclose such Personal Data in accordance with this Privacy Policy and as permitted or required by applicable law. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting MI using the contact information provided below in Section (U). If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information that may be of value to you. If you provide us or our service providers and agents with Personal Data of another individual, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to act on their behalf. The following are examples of circumstances in which we may collect, use or disclose Personal Data without users’ knowledge or consent:
(a) when the collection, use or disclosure of personal information is permitted or required by law;
(b) in an emergency that threatens an individual’s life, health or personal security;
(c) when the personal information is available from a public source;
(d) when we require legal advice from a lawyer;
(e) for the purposes of collecting debt;
(f) to protect ourselves from fraud; or
(g) to investigate an anticipated breach of an agreement or a contravention of law.
(C) This Privacy Policy and Changes
For the purposes of this Privacy Policy, MI is the Controller, and contact details are provided in Section (U) below. We may change this Privacy Policy from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We always indicate the date the last changes were published, and we offer access to archived versions for your review.
(D) Definitions
“Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Privacy Policy, a reference to a “Cookie” includes analogous technologies such as web beacons and clear Graphic Interchange Formats.
“Controller” means the entity that decides how and why Personal Data are Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
“Influencer” means any person who has executed a version of the MI Terms & Conditions of Influencer Membership and has not had their membership discontinued (either by MI or at their request).
“Data Breach,” is the accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or unauthorized access of your Personal Data.
“Data Protection Authority” means an authority that is legally tasked with overseeing compliance with applicable data protection laws.
“EEA” means the European Economic Area.
“Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
“Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
“Promotional Email” means a commercial broadcast or email marketing that usually offers incentives to drive sales and revenue. The main objective of Promotional Email is to convince customers to make a purchase.
“Relevant Personal Data” means Personal Data in respect of which we are the Controller.
“Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
(E) Collection of Personal Data
We may collect Personal Data about you from the following sources:
Data you provide: We may obtain your Personal Data when you provide it to us (e.g., where you contact us via email or telephone).
Relationship data: We may collect or obtain your Personal Data in the ordinary course of our relationship with you (e.g., we provide a service to you, or to your employer).
Influencer data: We may collect or obtain your Personal Data if you apply to become an Influencer.
Data you make public: We may collect or obtain your Personal Data that you choose to make public, including via social media (e.g., we may collect information from your social media or business networking profile(s)).
Sites data: We may collect or obtain your Personal Data when you visit our Sites or use any features or resources available on or through our Sites.
Registration details: We may collect or obtain your Personal Data when you use, or register to use our Sites or services.
Third party information: We may collect or obtain your Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; etc.).
(F) Creation of Personal Data
We may create Personal Data about you (e.g., records of your interactions with us). We may also create Personal Data about you, such as records of your interactions with us, our clients, or our Influencers.
(G) Categories of Personal Data we may Process
We may Process the following categories of Personal Data about you:
Personal details: to include given name(s); preferred name; and photograph (if provided).
Demographic information: to include date of birth; salutation; title; and language preferences.
Influencer data: With respect to Influencers, we also collect wireless device addresses (including text message addresses), payment information, professional biography, and other profiling information pertaining to your experience and expertise.
Contact details: to include address; telephone number; email address; and details of your public business networking profile(s) or online biographies.
Consent records: records of any consents you may have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
Payment details: invoice records; payment records; billing address; payment method; bank account number; card or account security details; Banker’s
Automated Clearing Services (“BACS”) details;
Society for Worldwide Interbank Financial Telecommunication (“SWIFT”) details; International Bank Account Number (“IBAN”) details; payment amount; and payment date.
Data relating to our Sites: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to our Sites; username; password; security login details; usage data; aggregate statistical information; internet service provider (ISP) details; referring and exit pages; and clickstream data.
Employer details: where you interact with us in your capacity as an employee, the name, address, telephone number and email address of your employer, only to the extent relevant.
Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.
(H) Legal basis for Processing Personal Data
We may Process your Personal Data where: you have given your prior, express consent; the Processing is necessary for a contract between you and us; the Processing is required by applicable law; the Processing is necessary to protect the vital interests of any individual; or where we have a valid legitimate interest in the Processing.
In Processing your Personal Data in connection with the purposes set out in this Privacy Policy, we may rely on one or more of the following legal bases, depending on the circumstances:
Consent: We may Process your Personal Data where we have obtained your prior, express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary by you);
Contractual necessity: We may Process your Personal Data where the Processing is necessary in connection with any contract that you may enter into with us (for instance if you are an Influencer, have applied for Influencer Membership, or are an MI client);
Compliance with applicable law: We may Process your Personal Data where the Processing is required by applicable law;
Vital interests: We may Process your Personal Data where the Processing is necessary to protect the vital interests of any individual if permitted by law; or
Legitimate interests: We may Process your Personal Data where we have a legitimate interest in the Processing. The balancing test we have conducted in each case is as follows:
• we have ensured that the Processing is lawful, proportionate, and conducted in accordance with the terms of this Privacy Policy;
• we have ensured that we have a legitimate business need to perform the Processing; and
• we have ensured that there is no material likelihood of any adverse impact on your interests, fundamental rights, or freedoms, as a result of the Processing.
(I) Sensitive Personal Data
We do not seek to collect or otherwise Process your Sensitive Personal Data in the ordinary course of our business. Where we need to Process your Sensitive Personal Data for a legitimate purpose, we do so: (1) on a limited, small scale; and (2) we rely on one of the following legal bases:
Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law;
Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);
Establishment, exercise or defense of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defense of legal rights; or
Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to doing so.
If you provide Sensitive Personal Data to us, you must ensure that it is lawful for you to disclose such data to us, including ensuring that one of the legal bases set out above is available to us with respect to the Processing of those Sensitive Personal Data.
(J) Purposes for which we may Process your Personal Data
We may Process your Personal Data for the following purposes, subject to applicable law:
Provision of services: providing our Sites or services; providing services on request; and communicating with you in relation to those services.
Our Sites: operating and managing our Sites; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites; and notifying you of changes to our Sites, or our services.
Influencer: communicating with you regarding your Influencer Membership (or prospective Influencer Membership), and where applicable, to provide you with opportunities to participate in the MI Influencers program, and to keep you up to date with new developments at MI. Additionally, as an Influencer, in accordance with the any agreement you have in place with us, we may share your information with clients and non-client third parties for the purpose of providing services and promoting MI’s business, including without limitation by displaying such information on MI’s Sites, print media and other materials. You may opt-out of this promotional use by contacting us or through the opt-out tool located on your profile page.
Communications: communicating with you via methods including email, telephone, text message, social media, post or in person, regarding information in which you may be interested (e.g., upcoming MI events, new product offerings, information relevant to you as an MI client or Influencer), subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.
Communications and IT operations: management of our communications systems; operation of IT security systems; and IT security audits.
Financial management: sales; finance; corporate audit; and vendor management.
Surveys: engaging with you for the purposes of obtaining your views on our services.
Security: physical security of our premises (including records of visits to our premises; closed-circuit television (“CCTV”) recordings; and electronic security (including login records and access details).
Investigations: detecting, investigating and preventing breaches of policy, fraud, and violations of law, in accordance with applicable law.
Legal proceedings: establishing, exercising and defending legal rights.
Legal compliance: compliance with our legal and regulatory obligations under applicable law.
Improving our Sites, services: identifying issues with our Sites, or our services; planning improvements to our Sites, or our services; and creating new Sites, or services.
Recruitment and job applications: recruitment activities; advertising of positions; interview activities; analysis of suitability for the relevant position; records of hiring decisions; offer details; and acceptance details.
(K) Disclosure of Personal Data to Third Parties
We may disclose your Personal Data to other entities within MI, for legitimate business purposes (including operating our Sites, and providing services to you), in accordance with applicable law. In addition, we may disclose your Personal Data to:
• you and, where appropriate, your appointed representatives;
• legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
• accountants, auditors, lawyers and other outside professional advisors to MI, subject to binding contractual obligations of confidentiality;
• third party Processors (such as payment services providers; survey partners, marketing outreach providers, cloud service providers, etc.), located anywhere in the world, subject to the requirements noted below in this Section (K);
• any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defense of legal rights;
• any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
• any relevant party if we believe disclosure is necessary and appropriate to prevent physical, financial, or other harm, injury, or loss;
• any relevant third-party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
• any relevant third-party provider, where our Sites use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Data may be shared with the relevant third-party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content.
• If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
Additionally, if you are an Influencer, we may disclose your information to:
• third parties, such as current and former employers and companies that you have provided services to or contracted with, for the purpose of confirming any consents or approvals that you may need to participate in the MI Influencers program or in specific project(s);
• providers with whom we have partnered to facilitate surveys, compliance checks, and screenings;
• our Clients (to the extent required by law, or by the relevant Client’s compliance policies) may disclose information about projects in which you were involved, for example your name and the amount you were paid on the project.
(L) International transfer of Personal Data
We may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located. Where we transfer your Personal Data from the EEA to recipients located outside the EEA, we do so pursuant to applicable law. If you are located outside of the United States, you should be aware that the Personal Data you provide to us is being Processed in the United States, and will be protected subject to this privacy policy and all laws that apply to MI.
(M) Data security / Data Breach
Please ensure that any Personal Data that you send to us are sent securely. We have implemented appropriate technical and organizational security measures designed to protect against any Data Breach. If a Data Breach occurs, we will notify the appropriate Data Protection Authority within seventy-two (72) hours of us becoming aware of such Data Breach. Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.
(N) Data accuracy
We take every reasonable step to ensure that:
• your Personal Data that we Process are accurate and, where necessary, kept up to date; and
• any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.
(O) Data minimization
We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Privacy Policy.
(P) Data retention
We take every reasonable step to ensure that your Personal Data are Processed for the minimum period necessary in connection with a lawful purpose and this Privacy Policy as follows:
(1) we will retain copies of your Personal Data in a form that permits identification only for as long as:
a. we maintain an ongoing relationship with you (e.g., where you are a user of our services, you are lawfully included in our mailing list and have not unsubscribed, or you are an Influencer (or have applied to become one) – should you cease being an Influencer, six (6) years from your most recent interaction with any MI client;); or
b. your Personal Data are necessary in connection with the lawful purposes set out in this Privacy Policy, for which we have a valid legal basis (e.g., where we have a legitimate interest in processing your data for the purposes of operating our business and fulfilling our obligations under a contract), plus: (2) the duration of: a. any applicable limitation period under applicable law (i.e., any period during which any person could bring a legal claim against us in connection with your Personal Data, or to which your Personal Data may be relevant); and b. an additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim), and
(3) in addition, if any relevant legal claims are brought, we may continue to Process your Personal Data for such additional periods as are necessary in connection with that claim.
During the periods noted in paragraphs (2)(a) and (2)(b) above, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.
Once the periods in paragraphs (1), (2) and (3) above, each to the extent applicable, have concluded, we will either: permanently delete or destroy the relevant Personal Data; or anonymize the relevant Personal Data.
(Q) Your legal rights
Subject to applicable law, you may have a number of rights regarding your Relevant Personal Data, including:
• the right not to provide your Personal Data to us (however, please note that we may be unable to provide you with the full benefit of our Sites, or our services, if you do not provide us with your Personal Data – e.g., we may not be able to process your orders without the necessary details);
• the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
• the right to request rectification of any inaccuracies in your Relevant Personal Data;
• the right to request erasure of your Relevant Personal Data;
• the right to request restriction of Processing of your Relevant Personal Data;
• the right to object to the Processing of your Relevant Personal Data by us or on our behalf;
• the right to have certain Relevant Personal Data transferred to another Controller;
• where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive your request of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
• the right to lodge complaints regarding the Processing of your Relevant Personal Data with the appropriate Data Protection Authority.
• You may exercise one or more of these rights, or ask a question about these rights or any other provision of this Privacy Policy, or about our Processing of your Personal Data, free of charge by via post, telephone, fax, or email through the contact information provided in Section (U) below. Please note that:
• we may require proof of your identity before we can give effect to these rights; and
• where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.
(R) Cookies and similar technologies
When you visit our Sites, we may place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We may Process your Personal Data through Cookies and similar technologies, in accordance with our Cookie Policy.
(S) Terms of Use
Our Site, or our services is subject to our Terms of Use. We recommend that you review our Terms of Use regularly, in order to review any changes we might make from time to time.
(T) Direct marketing
We may Process your Personal Data to contact you with information regarding services that may be of interest to you. You may unsubscribe for free at any time.
We may Process your Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding services that may be of interest to you. If we provide services to you, we may send information to you regarding our services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.
In the ordinary course of our business, we generally do not send Promotional Email. However, if we do send Promotional Email, you may unsubscribe from our Promotional Email list at any time by simply clicking on the unsubscribe link that will be included in every Promotional Email we send. Please note there may be up to a delay of ten (10) business days from the time you unsubscribe and when you no longer receive Promotional Emails from us. However, we may continue to contact you to the extent necessary for the purposes of any services you have requested.
(U) Contact details
You may contact us at via post, telephone, fax, or email.
If you have any comments, questions or concerns about any of the information in this Privacy Policy, or any other issues relating to the Processing of Personal Data carried out by us, or on our behalf, please contact us at:
Magnolia Innovation, LLC
2 Hudson Place, 6th Floor
Hoboken, NJ 07030
Phone: (646) 586-3080
Fax: (855) 893-2987
Email: [email protected]