Brandwatch U.S Data Privacy Framework Policy

For Authors

We collect and collate information that is publicly available on the Internet. If you can be identified from this information, and it relates to you, then it will be your Personal Data. For example, your name or username in connection with your Twitter or Facebook profile or the content of your public posts on these sites would be your Personal Data. In a nutshell, this is how we work: we collect and index publicly available information from the Internet.

We get data via search crawling or by contracting directly with content providers and data resellers to gain access to data from them. In each case, the only information that we have access to is information that Authors like you published or made available publicly.

This information is then collected, indexed, and stored in our database. We offer access to our database, as well as analytics of the data within that database, to customers (our “Services”). This allows our customers to learn more about their brand, their consumers, their competitors, and act with more certainty in their marketing decisions.  The following graphic depicts how our Services work.

For Users (Customers)

Primary Use

We use data and content that you make available to us to provide the Services to you (for example, your login details across our services), invoice you, provide quotes,  and to comply with our legal obligations. We also use data to audit, detect security incidents, protect against fraud or illegal activity, identify and repair errors, and conduct research and development for the improvement of our Services so that we can provide all of our users with a better experience.

We combine data about you across our different Services. We do not use algorithms to make automated decisions about you in a way that produces a significant legal effect.

Our legal basis for this type of data processing is that we have a legitimate interest in running our business and providing our Services to our customers, which includes providing technology that empowers our customers to act with more certainty in a way that is easy-to-access and use.

However, the legal basis for our processing of data may also be where we have your consent (for example, where consent is required to send certain marketing communications or activate cookies) or where the processing is necessary for compliance with our legal obligations (for example, where we receive requests from regulatory authorities).

Secondary Use

• We communicate with you in writing, via email, or other means available on or through the Services (for example, via messaging in Brandwatch Consumer Research or push notifications if you use a mobile application).
• We may communicate transactional or service messages to you, such as welcoming you to our Services or informing you of scheduled downtime. We may ask your opinion or feedback on our services or industry.
• We may also use your data to provide improved website and product experience and communications. We may also send you marketing communications, on our own behalf or on the behalf of unaffiliated entities.
• Marketing communications may be sent to you, even if you do not have an account, if you have indicated to us that you wanted to receive such communication or as otherwise allowed by law.
• Regarding marketing communications, you can opt out of receiving future communications in the footer of each email we send to you. You cannot opt out of receiving transaction or service messages from us.

For Authors

Any member of our company group

We may share your Personal Data as described above with our subsidiaries, parent companies, and affiliates.

Unaffiliated entities

We may share your Personal Data as described above with selected unaffiliated entities for our business purposes, including the following:

• customers – for the purpose of providing our Services (as explained above);
• business partners, suppliers, and sub-contractors – for the performance of any contract we enter into with them;
• analytics, ISPs, and search engine providers – for analytics and improving our website and Services;
• prospective buyers – if a third party acquires us or our assets, your Personal Data may be part of the transferred company or assets.

As mentioned, part of our Services involves offering access to our database and analytics to customers who want to understand how consumers react to their brand and campaigns online.  Our sharing of the categories of Personal Data described above through our Services is likely to be considered “selling” Personal Data under certain data privacy laws. Depending on where you live, you may have the right to opt out of this kind of sharing of your Personal Data for the purposes described above.  Please see below for information on these rights and how to exercise them.

For Users (Customers)

Any member of our company group

We may share your data with our subsidiaries, parent companies, and affiliates.

Unaffiliated entities

We may share your data with selected unaffiliated entities for legitimate purposes, for example:

• business partners, suppliers, and sub-contractors – for the performance of any contract we enter into with them;
• customers – to administer business accounts and for the performance of any contract we enter into with them;
• analytics, ISPs, and search engine providers – for analytics and improving our website and Services;
• advertising networks and social networks – for marketing and communications;
• government entities, law enforcement and others –
  • for fraud protection, security and verification services;
  • for potential threats, violations and legal process;
  • to comply with the law;
• professional advisors, including lawyers, accountants, and insurers – where necessary to enable them to provide their services to us;
• prospective buyers – if a third party acquires us or our assets, your Personal Data may be part of the transferred company or assets.

Please be assured that we remain fully liable to you for any of your personal data which we transfer to such third parties to process on our behalf.

For Authors

As an Author, you are the creator of the Personal Data and have direct control over what you decide to post publicly online.

You can always review the privacy settings available on all platforms you use to publish content online, including making your profile private.

You should read the privacy statements provided by the platforms you publish content on.

For all Data Subjects

Your rights

You may have certain rights in relation to your data under applicable data privacy law. Depending on applicable law, you may:

• request access to the Personal Data that we have about you;
• lodge a complaint about our use of your Personal Data with the data privacy authority of the country in which you live. If you have a complaint about our data practices, we do hope that you’ll reach out to us first, so we have a chance to address your concerns;
• not be discriminated against for the exercise of your privacy rights.

Please note that we cannot always complete all requests. For example, we must keep certain records for financial reporting and compliance reasons or to continue to provide you with the Services

Your choices

You may have certain rights in relation to your data under applicable data privacy law. Depending on applicable law, you may:

• ask us to update, rectify, delete, opt-out of the sale of or block your Personal Data;
• request that we stop further use of any Personal Data we hold about you;
• lodge a complaint about our use of your Personal Data with the data privacy authority of the country in which you live. If you have a complaint about our data practices, we do hope that you’ll reach out to us first, so we have a chance to address your concerns;
• not be discriminated against for the exercise of your privacy rights;
• choose (opt out) whether your personal information is
  • to be disclosed to a third party or
  • to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you

You can exercise these rights by any of the below methods:

• completing our web form at brandwatch.com/legal/data-subject-access-request;
• emailing us at [email protected];
• calling us toll-free at 1-855-368-1500

Please note that we cannot always complete all requests. For example, we must keep certain records for financial reporting and compliance reasons or to continue to provide you with the Services.

Brandwatch has designated the below independent dispute resolution bodies to address complaints and provide appropriate recourse free of charge to the individuals whose personal data we process.

• EU = the panel established by the EU DPAs and, as applicable according to the nationality of the individual.
• UK = the UK Information Commissioner’s Office (ICO) (and the Gibraltar Regulatory Authority (GRA))
• Switzerland = the Swiss Federal Data Protection and Information Commissioner (FDPIC)

Brandwatch is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Brandwatch abides by the possibility, under certain conditions, for data subjects to invoke binding arbitration.

Brandwatch will disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with binding contractual obligations which satisfy the requirements of the data protection legislation.

You can contact the organization with any inquiries or complaints by either:

• completing our web form at brandwatch.com/legal/data-subject-access-request;
• emailing us at [email protected];
• calling us toll-free at 1-855-368-1500