Last updated: December 29th, 2020
Definitions and interpretation
- Data – collectively all information that you submit to us via the Software. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
- Cookies – a small text file placed on your computer by this Software when you visit certain parts of the Software and/or when you use certain features of the Software. Details of the cookies used by this Software are set out in the clause below (Cookies);
- Data Protection Laws – any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation;
- GDPR – the General Data Protection Regulation (EU) 2016/679;
- Aerie Saunders – we or us — Aerie Saunders, South Carolina, USA.
- User or you — any third party that accesses the Software and is not either (i) employed by Aerie Saunders and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Aerie Saunders and accessing the Software in connection with the provision of such services. User roles include Creator, Member, or Visitor;
- Software — the website at AerieSaunders.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions and our software applications that are available from Apple App Store and Google Play Store.
- the singular includes the plural and vice versa;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- “including” is understood to mean “including without limitation”;
- reference to any statutory provision includes any modification or amendment of it;
For purposes of the applicable Data Protection Laws, AerieSaunders.com is the Data Controller. This means that AerieSaunders.com determines the purposes for which, and the manner in which, your Data is processed.
We may collect the following Data, which includes personal Data, from you:
All website Visitors:
- IP address
Members and Creators, with consent:
- Email address
The following data from members and Creators is collected for the purpose of displaying their profile data to other members:
- Profile Name
- Profile Picture
In addition to the data above, Influencers also provide photographs of personal documents to verify their identity and age. These photographs are put out of use after verification and kept securely and separately from production data for compliance with age verification laws.
In case of a software error, the following information is collected to help us investigate the issue:
- Mobile application: architecture, boot time, device type, free memory, total memory, usable memory, storage size, timezone, operating system type and version, user identifier, IP address.
- Website: operating system type and version, browser type and version.
How we collect Data
We collect Data in the following ways:
- data is given to us by you;
- data is received from other sources;
- data is collected automatically.
Data that is given to us by you
We will collect your Data in a number of ways, for example:
- when you contact us through the Software, by telephone, post, e-mail or through any other means;
- when you register with us and set up an account to receive our products/services;
- when you make payments to us, through this Software or otherwise;
- when you elect to receive marketing communications from us;
- when you use our services;
Data that is received from third parties
We will receive Data about you from the following third parties:
Data that is collected automatically
To the extent that you access the Software, we will collect your Data automatically, for example:
- we automatically collect some information about your visit to the Software. This information helps us to make improvements to Software content and navigation, and includes your IP address, the date, times and frequency with which you access the Software and the way you use and interact with its content.
- we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Software, see the section below, headed “Cookies”.
Our use of Data
Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Software. Specifically, Data may be used by us for the following reasons:
- internal record keeping;
- improvement of our products and services;
- to help you troubleshoot issues with our software;
- transmission by email of marketing materials that may be of interest to you;
We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
Who we share Data with
We may share your Data with the following groups of people for the following reasons:
- any of our group companies or affiliates, our employees, agents and/or professional advisors – to ensure the proper administration of our website and business;
- third party service providers (subprocessors) who provide services to us which require the processing of personal data — to help third party service providers in receipt of any shared data to perform functions on our behalf to help ensure the Software runs smoothly;
- third party payment providers who process payments made over the Software – to enable third party payment providers to process user payments and refunds ;
- relevant authorities – to facilitate the detection of crime;
Keeping Data secure
We will use technical and organisational measures to safeguard your Data, for example:
- access to your account is controlled by a password and a user name that is unique to you.
- we store your Data on secure servers.
We apply the industry best practices to secure our operations and make your data and communications safe.
- Client-server communications between our applications and our servers are encrypted and authenticated using modern Transport Layer Security (HTTPS): TLS v1.2 or TLS v1.3.
- We perform continuous security audits of our code and infrastructure.
- Our infrastructure partners ensure that our servers and your data stored on them are safe and secure.
Technical and organizational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: firstname.lastname@example.org
Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes, and will be handled according to our backup retention policy.
You have the following rights in relation to your Data:
- Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
- Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
- Right to erase – the right to request that we delete or remove your Data from our systems.
- Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
- Right to data portability – the right to request that we move, copy or transfer your Data.
- Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: email@example.com
If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Transfers outside the European Economic Area
Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA.
We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, e.g. by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
Links to other websites
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
You may contact us by email at firstname.lastname@example.org