Privacy Policy
for Influencers
MOOJITO SAS (hereinafter "Favikon") attaches particular importance to the protection of personal data of influencers with public profiles on social networks that Favikon processes.
In order to make this privacy policy fully understandable, here are the precise definitions of the terms discussed:
- The Influencer is a natural or legal person who has a public profile on a social network, including Instagram, YouTube and TikTok, whose number of subscribers exceeds 5,000 and who publishes at least 3 publications per day (hereafter the "Influencer")
- The Favikon Platform (hereinafter the "Platform") is the service that Favikon performs to analyze the profiles of Influencers in order to allow Favikon's clients to conduct commercial actions and partnerships with Influencers.
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:
- Profile information: including first and last name, company name, profile name or nickname, videos, languages selected, age and gender, profile description, last 25 publications including photos, email address (if provided), location (if provided), etc.
- Company details: email address, online and/or postal addresses.
- Social network usage data: growth rate, engagement rate, etc.
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.
- (i)Profiling Influencer behavior on social networks
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.
- (ii) Assigning a score by automated decision making
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
- (iii) Consequences for the Influencer
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?
- Goals
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.
- Legal basis
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.
- Shelf life
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:
- The staff of our company;
- Our hosting provider;
- Our customers: this communication is necessary in order to establish the commercial relationship between the customers and the Influencers;
- If applicable: public and private organizations, exclusively to meet our legal obligations.
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:
- either the data is transferred to a country that has been the subject of an adequacy decision by the European Commission, in accordance with Article 45 of the RGPD: in this case, this country ensures a level of protection deemed sufficient and adequate to the provisions of the RGPD
- or the data is transferred to a country whose level of data protection has not been recognized as adequate to the RGPD: in this case these transfers are based on appropriate safeguards indicated in Article 46 of the RGPD, adapted to each provider, including but not limited to the conclusion of standard contractual clauses approved by the European Commission, the application of binding corporate rules or under an approved certification mechanism
- or the data is transferred on the basis of one of the appropriate safeguards described in Chapter V of the GDPR.
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:
- Right to information: the Influencer has the right to be informed under Article 14 of the GDPR, which is why Favikon has drafted this public information document. In addition, Influencers receive a document by email containing a first level of information about the processing of their data.
- Right of access: the Influencer has the right to access all of his/her personal data at any time, in order to know what information is processed, where it was obtained, to whom it was provided and how it was processed, pursuant to Article 15 of the GDPR. Furthermore, pursuant to Article 22 paragraphs 1 and 4 of the GDPR on profiling and automated decision making, the Influencer has access via this Privacy Policy to relevant information on the logic involved, as well as the significance and intended consequences of such processing for the data subject.
- Right of rectification: the Influencer has the right to rectify inaccurate, incomplete or obsolete personal data at any time in accordance with Article 16 of the GDPR
- Right to limitation: the Influencer has the right to obtain the limitation of the processing of his/her personal data in certain cases defined in Article 18 of the GDPR.
- Right to erasure: the Influencer has the right to demand that his personal data be erased, and to prohibit any future collection on the grounds set out in Article 17 of the GDPR
- Right to lodge a complaint with a competent supervisory authority (in France, the CNIL), if the Influencer considers that the processing of his/her personal data constitutes a violation of the applicable texts. (Article 77 of the GDPR)
- The right to set guidelines for the retention, deletion and disclosure of your personal data after death.
- Right to withdraw your consent at any time: for purposes based on consent, Article 7 of the GDPR provides that you may withdraw your consent at any time. Such withdrawal will not affect the lawfulness of the processing carried out before the withdrawal.
- Right to portability: under certain conditions specified in Article 20 of the GDPR, in particular when processing is carried out using automated processes, the Influencer has the right to receive his or her personal data in a standard machine-readable format and to demand its transfer to the recipient of his or her choice.
- Right to object: pursuant to Article 21 of the GDPR, the Influencer has the right to object to the processing of his/her personal data for specific purposes. In particular, the Influencer may object to the profiling of his or her data for reasons related to his or her particular situation. However, we may continue to process their data despite this objection, for legitimate reasons or to defend legal rights.
- Right not to be subject to profiling and automated decision-making: under Article 22 of the GDPR, the Influencer has the right not to be subject to a decision based solely on automated decision-making, including profiling, where the decision would have a legal effect on you or produce a similar significant effect unless explicit consent is expressed. In general, the Influencer has the right to request human intervention (including to obtain a review of his or her situation), to express his or her own views and to obtain an explanation of the decision made or to challenge the decision.
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 : admin@favikon.com
Contact address : MOOJITO SAS, 11 Rue Carnot, 94270 Le Kremlin Bicêtre
11. Changes
We may modify this policy at any time, in particular to comply with any regulatory, legal, editorial or technical developments. These changes will apply as of the effective date of the modified version. Influencers are encouraged to review the latest version of this policy regularly. Nevertheless, we will keep Influencers informed of any significant changes to this Privacy Policy.
Entry into force: 06/24/2022