IMAgency B.V. (IMA or we/us/our) maintains a large network of leading and authentic digital influencers that we may connect to our customers who have brand portfolios in the beauty, fashion, lifestyle and food industry.
When you are an influencer, we may obtain information about you via your public profile on social media or via your public website(s). Also, we may have received information directly from you or your agent/management in relation to our contractual relationship. We may also obtain information from third parties, such as social media channels or other digital service providers on the effect of your posts. When you are a potential influencer, the information that we process originates from your public social media profiles or your public website(s) or directly from you or your agent/management.
2. Who is the data controller?
IMA is the data controller for the processing of your personal data under the applicable data protection laws. We have notified the processing of your personal data to the Dutch Data Protection Authority under number m1651629.
3. What types of personal data do we process?
We may process the following types of personal data from you:
- (a) Personal data of (former) influencers. The personal data we process of our influencers includes your name and address data, gender, date of birth, your public profile photo from social networks, e-mail address, phone number, social media accounts and/or website, account name, nickname, information about preferences, information from your agent or manager if applicable, amount of followers, estimated engagement on social media accounts and assumed target groups. Next to that, the personal data we process includes the details of arrangements made between you and IMA including start and end date of agreements made, bank details, social security number, Chamber of Commerce number, information that you (or your agent/manager) provide us in the course of our relation and impressions on your social media accounts relating to marketing posts (including the amount of views, types of followers, age groups etc.).
- (b) Personal data of potential influencers. The personal data we process of the potential influencers in our network includes your name and address data, gender, date of birth, your public profile photo from social networks, e-mail address, phone number, social media accounts and/or website, account name, nickname, information about preferences, information from your agent or manager if applicable, amount of followers, estimated engagement on social media accounts and assumed target groups. If you or your agent/manager has been in contact with us, we may process the data that has been provided to us in this respect.
The aforementioned types of personal data may originate from various sources. We may process personal data that we have found on your public profile on social media or your public website to the extend you have made this information public intentionally and not solely for private purposes. When you are an influencer or former influencer we will process personal data that we have obtained in connection with our cooperation. This data may originate from your agreement with us, from your social media profile(s) or website(s) and from information you (or your agent/manager) provided to us.
4. What are the purposes for the processing of your personal data?
We may process your personal data for various purposes:
When you are a (former) influencer, we may process your personal data for the following purposes:
- When you are a (former) influencer, we may process your personal data for the following purposes:
- 1. Maintaining the administration of our network of (potential) influencers;
- 2. Approaching you for new collaborations;
- 3. Making propositions for our customers;
- 4. Improving our services towards our customers by market analysis, identification of reach and target groups;
- 5. Maintaining contact, handling enquiries, complaints and disputes;
- 6. Compliance with applicable laws and regulations;
- 7. Contract management;
- 8. Rolling out marketing campaigns in collaboration with the influencer;
- 9. Performance of contracts with influencers;
- 10. Auditing the effect of a marketing campaign, measuring impressions.
- When you are a potential influencer, we may process your personal data purpose 1 to 6 of the above.
5. What are the applicable legal grounds for the processing of your personal data?
We may only process your personal data when there is a legal ground. When you are an influencer, we will need to process your personal data for the execution of the agreement that we will have with you. Also, we may ask your consent for certain data processing activities such as auditing the effect of a marketing campaign. We may furthermore process personal data of our influencers and of potential influencers based on our legitimate business interest to the extent such interest is not overridden by your privacy interests or fundamental rights and freedoms. Where required, we may process your personal data to meet with our statutory obligations.
6. Consent for sharing additional social media data
7. How long will your personal data be retained?
We will not retain your personal data longer than necessary for the purposes for which we have obtained your personal data. In principle w e may retain your personal data up to a maximum of two years upon the ending of our business relationship, unless we are required to retain your personal data to live up with a statutory obligation.
8. Who has access to your personal data?
Persons working at or on behalf of IMA may have access to your personal data on a need-to-know basis. Next to that, IMA may involve third party service providers who will act as a data processor on our behalf. IMA selects its service provides with due care and makes all necessary arrangements with these third parties. In any case, IMA will enter into a data processing agreement which includes arrangements on data security to protect your personal data against data breaches.
IMA may provide certain personal data to its customers in order to provide them with business propositions or in relation to a marketing campaign of a customer that you participate in. When our customers would further process your personal data, they would do so for their own purposes acting as a data controller. The terms and policies of our customers may apply to such data processing activities.
IMA may provide your personal data to competent authorities upon their request to the extent legally required or to the extent this would be necessary to defend IMA's rights in legal proceedings or investigations.
9. Are your personal data processed outside the EEA?
Our third party service providers may be located in countries outside the European Economic Area (EEA) which may not offer an adequate level of protection of personal data. In order to protect your personal data and to live up with our statutory obligations we shall enter into a data transfer agreement on the basis of the Standard Contractual Clauses as approved by the European Commission prior to engaging service providers outside the EEA.
10. How is your personal data secured?
We will exercise due care when dealing with your personal data. Amongst other things, this means that we will adopt appropriate technical and organizational measures to secure and protect your personal details against loss and unlawful processing. We protect our systems and applications according to the applicable standards for information security and we also make data processing agreements with our service providers which include obligations to implement adequate security measures.
11. Your rights