MOOJITO SAS (hereinafter "Favikon") attaches particular importance to the protection of personal data of influencers with public profiles on social networks that Favikon processes.
The purpose of this policy is to inform Influencers about how Favikon will process their personal data, in compliance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter "GDPR").
1. Who is the data controller?
The data controller is MOOJITO, a simplified joint stock company, registered in the Créteil Trade Register under number 84059244800012, whose registered office is located at 11 Rue Carnot, 94270 Le Kremlin Bicêtre (hereinafter referred to as "We").
2. What data do we collect?
Personal data is data that can be used to identify an individual directly or by cross-referencing with other data.
We collect and analyze data from Influencers that they have made public on social networks and that fall into the following categories:
3. How do we collect data?
We only collect data on Instagram, TikTok and YouTube from the public profiles of people who strictly meet the definition of Influencer above. These are therefore publicly available sources.
Favikon does not collect the data indicated as private. If the influencer switches his account to private mode, all date information is automatically deleted from the database.
The data related to the Influencer's audience is also collected but anonymously. Favikon makes a sample of the Influencer's audience by collecting information about the country, language, age and gender of the subscribers. However, the individuals in this audience are not identified because the purpose is to make anonymous statistics about the Influencer's audience.
In addition, when processing personal data of Influencers, Favikon may incidentally collect particular categories of data, such as sexual orientation, political opinions, racial or ethnic origin, religion, etc., only in the event that an Influencer has included such information on his or her public profile. Since this data has obviously been made public by the Influencers, consent regarding this data is not mandatory (Article 9.2 e) GDPR). Therefore, Favikon is not intended to process this data unless it is expressly made public by the Influencer.
4. Do we profile Influencers' personal data?
Influencers' social network usage data will allow us to (i) profile their behavior on social networks in order to (ii) assign them a score in an automated manner.
Within the meaning of Article 4(4) of the GDPR, "profiling" refers to any form of automated processing of personal data involving the use of personal data to evaluate certain aspects of a natural person's personality, in particular to analyze or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, trustworthiness, behavior, location, or movements.
Here, Favikon will collect usage data from Influencers to analyze and evaluate them, so as to be able to predict and anticipate their behavior on social networks.
The profiling of the public data of the Influencers will allow Favikon to assign a score to each Influencer on the Platform.
This score is achieved by fully automated algorithms and without human intervention
Profiling and the automated attribution of the score have no legal consequences on the social network concerned for the Influencer, who can continue to use his or her profile normally. However, our objective is to associate our clients with the Influencers best able to represent them. The Influencer is therefore informed that this processing has the consequence of influencing Favikon's customers in their business relations.
The Influencers can object at any time to the profiling and automated score allocation carried out on the basis of their profile and usage data.
5. On what legal grounds, for what purposes and for how long do we keep Influencers' personal data?
To allow our clients to obtain an evaluation of the profiles on the Platform and to contact the Influencers most suited to their activities in order to offer them partnerships via our analysis and evaluation services of the Influencers' profiles, the score of which is assigned in an automated manner.
Respond to Influencers' requests for information.
Manage Influencers' requests to exercise their rights.
Favikon's legitimate interest in carrying out its business activities.
In the case of special categories of data that fall under Article 9 of the GDPR, the legal basis that legitimizes the processing of such data is that the data has been openly made public by the Influencers in accordance with Article 9.2 e) of the GDPR.
Favikon's legitimate interest in responding to Influencers' requests.
Favikon's legitimate interest in responding to your requests and keeping track of them.
The Influencer's personal data is kept for as long as he/she is active on his/her public account, unless he/she has expressed his/her right to object.
The data is deleted when the Influencer is no longer active on an account (i.e. when he/she has not published for 1 year since his/her last publication).
This duration ensures that FAVIKON presents a real and updated status of the Influencers, in order to provide a quality service to its clients.
In addition, the Influencer's information will be updated periodically according to the changes made by the Influencer to his/her public profile.
The data is kept for the time necessary to process the information request and is deleted once the information request has been processed.
If we ask you for proof of identity, we will only keep it for as long as it takes to verify your identity. Once verification is complete, the credential is deleted.
Information allowing the management of your requests to exercise your rights under the RGPD will be kept for 2 years from the date of the request.
6. Who are the recipients of Influencers' personal data?
Will have access to your personal data:
7. Is the data likely to be transferred outside the European Union?
Influencers' personal data is kept and stored for the duration of the processing on Online's servers located in the European Union, in Amsterdam (Netherlands) and Paris (France).
We do not transfer Influencers' personal data outside the European Union. However, in the event that we change our service provider and the data is likely to be transferred outside of the European Union, we will ensure that the transfer of the data is secure by using the following tools:
8. Data from minors
Favikon does not have the possibility to control the age of the Influencer, as it is not a personal data that the Favikon Platform collects directly. Nevertheless, in the event that Favikon may suspect, for any reason, the presence of minors on the Platform, Favikon will undertake the appropriate steps to request consent to data processing from the minor and/or legal guardians, or, if necessary, cancel the data.
9. What are your rights to your data?
You have the following rights with respect to your personal data:
The Influencer may exercise these rights by writing to us at the address below. We may ask you to provide us with additional information or documents to prove your identity.
10. Contact point for personal data
Contact email : firstname.lastname@example.org
Contact address : MOOJITO SAS, 11 Rue Carnot, 94270 Le Kremlin Bicêtre
Entry into force: 06/24/2022