Last Update: October 23, 2022
Brkaway is a platform that connects brands with content creators and makes consistent branded content creation simple (the “Platform”).
TABLE OF CONTENTS
- Collection And Use of Personal Information
- Sharing of Personal Information
- Information about our Website
- Safeguards and Retention
- Access to Information
- Contact Us
COLLECTION AND USE OF PERSONAL INFORMATION
How we collect and use personal information from Brands and Content Creators
We collect and use information from our customers (i.e., brands and content creators) when they use our Platform. The kinds of information we collect depend on whether you engage with our Platform on behalf of a brand, or as a content creator.
Account Creation and Onboarding:
- Brands: If brand personnel create a Brkaway account to connect with content creators, we require certain information, including an email address and a password that you create, brand information (e.g., company name, company website, contact information), content information, and shipping address. We use this information to create and administer Brkaway accounts for brands.
- Content Creators: If content creators create a Brkaway account to connect with brands, we require information such as an email address and a password that you create, profile information (e.g., name, photo), and contact information (e.g., email, phone number) .
We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages). If you become aware of any unauthorized access to or use of your account, you are required to notify us immediately.
- Brand Profiles: Once an account has been created, brand personnel may update the account profile to include information such as branded materials (e.g., content briefs, brand guidelines) and social media accounts . We provide this information to content creators so that they can better understand the brands which may engage them.
- Creator Profiles: Once an account has been created, content creators may update their profile to include information such as their social media accounts. We collect this information to see additional examples of the creators’ work.
Payments: To process payments from brands to content creators, Brkaway or its service provider may require information such as first and last name, email address, phone number, mailing address, delivery address, and related banking or payment information.
Support Services: We may collect certain information from content creators or brand personnel (such as name, email address, your phone number and query) when we provide user support services by phone, email or within the Platform.
Making a Portfolio: Brkaway allows content creators to make portfolios that brands can browse. Content creators may upload information about themselves such as a short bio, their location (which is only shared when required for shipping), their industry (e.g., educational, fashion), their content creation type (e.g., acting, comedy, trends), as well as pieces of content they have worked on (e.g., videos, audio, photographs, etc.).
Making Content: If content creators include depictions or recordings of themselves or others in the content uploaded to Brkaway, Brkaway may process this personal information. As noted in the “Using Brkaway” section below, we rely on content creators to comply with applicable privacy laws when collecting, using, or disclosing personal information through the Platform, including by obtaining appropriate consent to collect, use, and disclose the personal information of others.
Using Brkaway: When content creators or brand personnel use Brkaway, we may collect certain information through the use of the Platform’s features. While the specific nature of this information may differ according to personnel and their use of the Platform, we use this information to help brands manage projects with content creators, and to provide brands with insights into how their personnel use the Platform.
We may monitor use of the Platform by content creators or brand personnel in order to detect, investigate or prevent any actual or potential violation of our terms and conditions. This information is automatically collected from you when you use the Platform. We may also generate aggregated, non-identifiable data and use such information to monitor the performance, use and stability of the Platform and to improve the Platform.
Except as set out herein, we do not collect or use personal information from content creators or brand personnel for any purpose other than to provide the Platform to brands.
How we collect and use personal information through our Website and in our other interactions with you
We may collect personal information when you:
- Sign up to Receive Marketing communications
- Apply to Work with Us
- Provide Feedback
- Enter a Contest or Participate in a Promotion
- Participate in our Surveys
- Contact us with a Comment, Question or Complaint
Marketing Communications: If you sign up to receive email marketing communications such as newsletters, updates, and content tips, we collect your email address as well as other information on an optional basis to help us tailor our communications to you. You can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email. Alternatively, you can opt out of receiving email marketing communications by contacting us at the contact information provided in the “Contact Us” section below. Please note that you may continue to receive transactional or account-related communications from us.
We may use services provided by third-party platforms (such as social media and other websites) to serve targeted advertisements on such platforms to you or others, and we may provide a hashed version of your email address or other information to the platform provider for such purposes. To opt out of the use of your information for such purposes, please send a request using any of the methods set forth in the Contact Us section below.
Job Applications: If you apply for a job at Brkaway, you may provide us with certain personal information about yourself, such as information contained in a resume/CV, cover letter, or similar employment-related materials. We may also collect personal information from third-party social networking websites including but not limited to, your LinkedIn profile, blog, website or similar portfolio. We may use this information when considering and responding to your application and assessing your suitability for current and future career opportunities.
Feedback & Reviews: We may collect and use customer feedback and/or reviews about our services to better understand our customers and enhance our product and service offerings. With your consent, we may publish your feedback and/or reviews on our Platform, Website or other promotional materials.
Contests and Promotions: When you enter a contest or participate in a promotion, we may collect your name, address, email address, phone number, and any additional information or content required for the contest or promotion, including to deliver a prize to you, or that you otherwise provide, including your social media handle, profile picture and public posts or comments you make about our contest on social media networks. We use this information to administer the contest or promotion. As part of a contest or promotion, we may also share or otherwise publish the content you submit.
Surveys: From time to time, we may offer you the opportunity to participate in one of our surveys. The information obtained through our surveys is used in an aggregated, de-identified form. We use this information to help us understand our users and to enhance our Platform and Website.
Contact Us: When you contact us with a comment, question or complaint through email, telephone, the contact us form on our Website, you may be asked for information that identifies you, such as your name, company name, email address and your website or social URL, along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service and service offerings.
SHARING OF PERSONAL INFORMATION
We do not sell or disclose your personal information to third parties without your consent, except as set forth below or as required or permitted by law.
Service Providers: Your personal information will be transferred (or otherwise made available) to certain third parties that provide services on our behalf. We use service providers to provide services such as hosting the Website, facilitating payments, accounting, and task management. Our service providers are only provided with the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes. Our service providers may be located in the U.S., Canada or other foreign jurisdictions. Our list of trusted Service Providers (also known as sub-processors) is available upon written request, please contact us at the information set out under the “Contact Us” section below.
Legal and Compliance: We and our Canadian, US and other foreign service providers may provide your personal information in response to a search warrant to other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by US or foreign courts, law enforcement or other government authorities. Your personal information may also be disclosed where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
Where a disclosure of our customers’ information is required by applicable law, we promptly notify our customer prior to complying with such requirements (to the extent we are not prohibited from doing so) and fully co-operate with our customer’s instructions with respect to our response.
Sale of Business: We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Brkaway or as part of a corporate reorganization or other change in corporate control.
INFORMATION ABOUT OUR WEBSITE
Visiting our Website: In general, you can visit our Website without telling us who you are or submitting any personal information. However, we collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity and to monitor and improve our Website.
Cookies: Our Website uses a technology called “cookies.” A cookie is a tiny element of data that our Website sends to a user’s browser, which may then be stored on the user’s hard drive so that we can recognize the user’s computer or device when they return. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the Website features.
Analytics: We may also use a third party such as Google Analytics to help us gather and analyze information about the areas visited on the Website (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Website. For more information or to opt-out using the Google Analytics opt-out browser add-on, see “How Google uses information from sites or apps that use our services” and “Data privacy and security.”
SAFEGUARDS AND RETENTION
We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfill their job requirements.
We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our Platform and Website. You cannot be identified from aggregate information retained or used for these purposes.
ACCESS TO INFORMATION
If we receive a request from an individual to access or update personal information we maintain on behalf of a customer, we will direct that individual to the relevant customer. We will assist our customers wherever possible in responding to individual access requests.
Subject to applicable law, you have the right to access, update and correct inaccuracies in your personal information in our custody or control. You may request access, updating and corrections of inaccuracies in your personal information in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.
Brkaway Legal Team