FameUp Privacy Policy

EFFECTIVE DATE: July 29, 2024

FameUp, Inc. (“FameUp,” “Companhia,” “we” or “us”) provides a platform that facilitates collaboration between individuals and businesses (each a “Marca”) and content creators that create, distribute and promote content on behalf of Brands (each an “Influenciador”).  In this Privacy Policy (“Policy”), we describe how Company collects, uses, and discloses information related to users of our website www.fameup.com (the “Site”), the FameUp mobile application (the “App”) and the services available through the Site and App (collectively, the “Services”).  This includes personal information we collect related to Influencers and Advertisers and campaigns and collaborations within the Services (“Campaigns”). 

Your access to or use of the Services, and any dispute over privacy, is subject to this Policy, as well as the terms of use and any other agreement between you and Company (the “Terms”).  By accessing or using any of our Services, you understand and agree that we may collect, use, and disclose your personal information in accordance with this Policy and the Terms.    

1. Information We Collect

We collect information directly from users, from third parties (such as, for example, the owner of FameUp Mobile Application), and automatically through your use of the Services.

Information We Collect Directly from You.  You may access our Site without registering, but to use our App and collaborate through our Services you must have an (Influencer or Brand) account with us. 

We collect profile and account-related information from Influencers and Brands, and we also collect information from other users of our Site and Services (e.g., users who contact us through our Site or sign up to receive news and other information from us).The information we collect from you depends on how you use our Services, but generally includes:

• Account information. We collect name, email address and other contact information, as well as information about any collaborations, campaigns, offers and deals you submit through the Services, and other transactional and activity information related to your use of the App and Services. We may also collect your account handles and usernames for third party platforms and channels, as well as and other demographic and profile information you share through the Services. Also, if you use the Services as a representative of a company we also collect the name of the company, and information about your title and role with that company.  We also collect information from and about the parents and legal guardians of Influencers under the age of 18.

• Payment information. We (or our payment processors) collect and store billing and payment information in order to process payments from Brands and to Influencers.
• Content. We collect and maintain copies of and records related to any content or information that created, submitted, shared, published, or promoted related to Campaigns. This may include:
  • Videos, images, files, messages, comments, ratings, reviews and other content that Influencers create, distribute and promote related to Campaigns.
  • Information provided by Brands as part of a Campaign, as well as deals and offers submitted through the Services.
  • Offers, deals, survey responses, and other content you submit related to Campaigns.
  • Metrics and performance information you provide related to Campaigns, such as metrics related to your Content and its performance on third party channels and platforms. For example, we may request Influencers provide screenshots and other reports and metrics about the performance of Content on the channels through which it has been promoted.
  • Metadata associated with Content (such as the location and date/and time video Content was created, edited or broadcast).

Certain content may also be viewable by other users of the Services (as described below).

• Communications and requests. If you contact us through the Site or App, or by email, mail, phone, or otherwise regarding the Services, we collect and maintain a record of your contact details, communications, and our responses. We also maintain records of other information you submit to or request from us, such as when you sign up to receive FameUp marketing and communications.

Information We Collect Automatically.  In addition, we may automatically collect information about your use of our Services (including through cookies and similar technologies), such IP address, advertising ID, device ID, and online identifiers, location information, browser and device type, operating system, hardware and software versions, language, device name and other device information; the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, and your other activities within the Services; and other network and connection information such as the name of your mobile operator or ISP, language, time zone, or other similar information.

We may also use pixels in HTML emails to understand if individuals read the emails, we send to them. We may combine this information with other information that we have collected about you, including, where applicable, your name and other personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

Information We Collect from Third Parties.  We may also collect and receive personal information about users from third party sources, including:

• Social Network Profiles and Accounts. We may collect name, username or handle, contact information and other public profile information from the third-party platforms that integrate with or share Content through related to the Services.
• Metrics and Reports. We may also collect information, as permitted, from third party social networks and platforms related to the performance of your Content and Campaigns.
• Leads. We may from time to time obtain contact lists for individuals and clients who may be interested in our Services.

We store the information that we receive from third parties with other information that we collect. For information about how third parties may use and disclose your information, including any information you make public, please consult their respective privacy policies. We have no control over how any third party uses or discloses the information they collect about you.

2. Our Purposes for Using Personal Information

In general, we use the personal information we collect for the following purposes:

• Operating the Services, Site, and App and Providing Related Support. To provide and operate our Site, App, and Services, communicate with you about your use of the Site, App, and Services, provide troubleshooting and technical support, secure and protect the Services, respond to your inquiries, fulfill your orders and requests, process your payments, communicate with you, and for similar service and support purposes.
• Responding to Inquiries. To respond to your questions, fulfill your orders and requests, and consider your request or application (e.g., if you have submitted a resume or other application information online or by email, we will use it as part of the application review process).
• Analyzing and Improving the Services, Site, App, and our Business. To better understand how users access and use the Services, and our other products and offerings, and for other research and analytical purposes, such as to evaluate and improve our Services and business operations and to develop services and features.
• Personalizing Experiences. To tailor content we may send or display within the Services and App, including to offer location customization and personalized help and instructions, and to otherwise personalize your experiences.
• Marketing Communications. To send you information about our Services, newsletters, or any other information that you sign up to receive.
• Market Research and Customer Satisfaction: To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
• Security of the Services. To secure and protect
• Protecting Our Legal Rights and Preventing Misuse. To protect the Site, App, Services, and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms of Use or this Privacy Policy.
• Complying with Legal Obligations. To comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court order, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.
• Related to Business Transfers. In support of mergers, acquisitions, reorganizations, and other business transactions (including due diligence associated with such transactions).
• Supporting our Business Operations. In support of the administration of our general business, accounting, recordkeeping, and legal functions

Generally, we may share and disclose personal information as described below:

• Service Providers. We may disclose information we collect to our service providers or agents who perform functions on our behalf, such as cloud service providers, payment processors, and auditors.
• We may disclose information we collect to our affiliates or subsidiaries.
• Influencer Content. Any Content that you create, submit, promote or otherwise disclose related to a Campaign you promote (or offer to promote) on behalf of a Brand (including associated metrics and performance information) is disclosed to the sponsoring Brand and may be further used, promoted, disseminated, disclosed, transformed, and otherwise processed by that Brand, subject to and as set forth in the Terms.
• Profile and Campaign Information. Your name, username, and any information that you provide as part of your account profile, and Content you submit may be available to, and searchable by, other users of the App.
• Supporting the Services. To provide and operate our Site, App, and other Services, communicate with you about your use of the Services, provide troubleshooting and technical support, respond to your inquiries, fulfill your orders and requests, process your payments, communicate with you, and for similar service and support purposes.
• Business Transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer and related due diligence process, we may share certain information with lenders, auditors, and third-party advisors, including attorneys and consultants.
• In Response to Legal Process. We may disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
• To Protect You, Us, and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.

We may share aggregated and/or pseudonymous information from which user identities have been removed and that are not reasonably linkable to any user.

4. ARE YOUR DATA TRANSFERRED ABROAD?

4.1 Your personal data will not be transferred to other countries outside the European Economic Area (EEA).

4.2 We do not collect special categories of personal data concerning you, particularly sensitive data, such as personal data that reveals information about health, racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership. Nor do we collect genetic data, biometric data for the purpose of uniquely identifying a natural person, data regarding a person’s sex life or sexual orientation, and we do not collect personal data related to criminal convictions and offenses. If this changes, we will ensure that the transfer is carried out in compliance with the conditions included in Chapter V of the General Data Protection Regulation (Regulation (EU) 2016/679) and that we will inform you accordingly.

4.3 We request that you do not provide or disclose any information included in a special category of personal data on or through the Website, or in any other manner.

     5. RETENTION

5.1 We will retain your personal data only for the period necessary to fulfill the purposes for which the data were processed, as mentioned in this Privacy Policy. Personal data will be processed by the Company in accordance with applicable data protection laws for the following purposes:

5.2 At the end of the retention period, your personal data will be deleted, anonymized, or aggregated.

     6.1 WHAT ARE YOUR RIGHTS REGARDING YOUR DATA?

6.1. Regarding the aforementioned purposes, personal data is processed both electronically and manually, but is not subject to automated decision-making, including profiling (as provided in Article 22(1) and (4) of the GDPR), and is protected by appropriate security measures.

To the extent permitted by law, you have the following rights regarding your personal data that we process:

6.1.1 To request information regarding the processing of your personal data, including receiving a copy of your personal data;

6.1.2 To request the rectification of your personal data;

6.1.3 To request the deletion of your personal data;

6.1.4 To request the restriction of the processing of your personal data;

6.1.5 To request the receipt or transmission to another data controller, in a structured, commonly used, and machine-readable format, of your personal data;

6.1.6 To object to the processing of your personal data;

6.1.7 To withdraw your consent at any time, without affecting the lawfulness of the processing based on the consent before its withdrawal; and

6.1.8 To file a complaint with the National Supervisory Authority for Personal Data Processing, located at Bd. Gheorghe Magheru 28-30, sector 1, 010336, Bucharest, Romania.

6.2 In this regard, we use appropriate administrative, technical, personnel, and physical measures to protect the personal data we hold against loss, theft, and unauthorized use, disclosure, or modification. To exercise the rights provided in section especially the rights to rectification, deletion, or restriction of personal data, the following procedure is applicable:

6.2.1. The data subject must submit a written, dated, and signed request to the address of INOVATIE ALIA SRL, mentioned in section 1 of this Policy. The request can also be signed and sent electronically to the email address contact@fameup.com. If the request is submitted by a representative, the identity details of the representative and the authorization given in this regard must be provided.

6.2.2. All requests addressed to INOVATIE ALIA SRL will be analyzed by the Data Protection Officer, designated within the company, in collaboration with the departments involved in personal data processing operations. If there are reasonable doubts regarding the identity of the individual submitting the request, INOVATIE ALIA SRL may request additional information necessary to confirm the identity of the data subject.

6.2.3. The response to the data subject’s request will be formulated within a maximum of 30 days from the receipt of the request. This period may be extended by two months when necessary, considering the complexity and number of requests. The data subject will be informed of any such extension within 30 days from the receipt of the request, along with the reasons for the delay.

6.2.4. If the data subject submits a request electronically, the information will be provided in electronic format where possible, unless the data subject requests another format.

6.2.5. The requester may specify in the request if they wish the information to be communicated to a specific address, which can also be an email address, or through a correspondence service that ensures personal delivery.

6.2.6. The right to erasure of personal data does not apply if the processing is necessary for INOVATIE ALIA SRL for the data subject in the following situations: 

• when it must comply with a legal, commercial, financial, or tax obligation; 

• when there is an ongoing contract or contractual obligations between the data subject and INOVATIE ALIA SRL that have not yet been fulfilled; 

• when exercising the right to freedom of expression and information; 

• for the performance of a task carried out in the public interest or in the exercise of official authority; 

• for the establishment, exercise, or defense of legal claims;

6.2.7. If the legal conditions are met and there are no impediments to the erasure of personal data, INOVATIE ALIA will inform the data subject and will promptly erase the personal data. Additionally, INOVATIE ALIA SRL will inform other sites that a particular individual has requested the erasure of their personal data if these data have been transmitted by INOVATIE ALIA SRL.

6.2.8. Data subjects who are dissatisfied with the response to their request to exercise a right provided by the General Data Protection Regulation can file a complaint with the National Supervisory Authority for Personal Data Processing at its headquarters on B-dul G-ral Gheorghe Magheru no. 28 – 30, sector 1, Bucharest, postal code 010336, email: anspdcp@dataprotection.ro, or they can address the courts.

6.3 Personal data may be encrypted in transit and at rest. Except for the right to file a complaint with the National Supervisory Authority for Personal Data Processing, you can exercise all other rights by contacting us at the address indicated in Section 11 of this Privacy Policy. Please note the following if you wish to exercise these rights:

6.3.1 Identity. We take the confidentiality of all records containing personal data seriously and reserve the right to request proof of your identity if you make a request concerning such records.

6.3.2 Fees. We will not charge a fee to exercise any of your rights concerning your personal data, except where your request for access is unfounded, repetitive, or excessive, in which case we will charge a reasonable amount given the circumstances. We will inform you of any fees before completing your request.

6.3.3 Timeframes. We aim to respond to any valid request within one month unless it is particularly complex or you have made multiple requests, in which case this period may be extended by two months. We will inform you if it will take more than one month. We may ask if you can tell us what you want to receive or are concerned about. This will help us act more quickly on your request. 

6.3.4 Third-Party Rights. We do not have to comply with a request if it would adversely affect the rights and freedoms of other data subjects.

7. Our Use of Cookies and Similar Technologies

7.1 For purposes compatible with those outlined in Section 5 of this Privacy Policy, the Company may share your personal data with the following categories of recipients, in compliance with and within the limits of the provisions of Section 8 below:

7.1.1 Third-party service providers entrusted with processing activities and properly designated as data processors, or, where applicable, third parties acting as data controllers, such as: cloud service providers, IT service companies, experts and consultants, our and your joint commercial partners, in the execution of a contract in which you are directly involved, and

7.1.2 Judicial authorities and authorities.

7.2 A complete list of the data processors designated by the Company can be requested by contacting us at the address provided in Section 12 of this Privacy Policy.

We and our third-party providers (such as Google Analytics) use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities and use of the Services. We may combine this usage data with other personal information we collect about you. We use this usage data to understand how our Services are used, track bugs and errors, provide and improve our Services, verify account credentials, allow logins, track sessions, prevent fraud, and protect our Services, as well as for targeted marketing and advertising, to personalize content and for analytics purposes.

Cookies.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster log-in process or to allow us to track your activities while using our Site. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Some of the Services may not work properly if you disable cookies.

Pixel tags. Pixel tags (also referred to as web beacons, web bugs or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use pixel tags in connection with our Services to, among other things, help us manage ads and content, and compile statistics about usage of our Services. We may also use pixel tags in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Preferences. You can block or disable cookies for the device and browser you are using, through your browser and device settings; however, certain features on our Site and Services may not be available or function properly if you block or disable cookies.  

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).

8. Third party Websites and Services

Our Services may link to other websites or online services (including those operated by our parent, affiliates, or others) that use, or are integrated with, our Services, but that are not covered by this Policy. Any access to and use of such linked websites or services is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

9. Children

Our Services are not designed for children. If we discover that a child under 16 has provided us with Personal Information, we will delete such information from our systems. We do not knowingly collect or sell information of consumers under 16 years of age as of the date of this Privacy Policy.

10. Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and Application.  If we make changes to this Policy that affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Services or sending you a notice at your email address of record with us.

11. Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at contact@fameup.com.