Effective as of: SEPTEMBER 12, 2022
TABLE OF CONTENTS
1. BZZAGENT OVERVIEW
BzzAgent provides the Platform to connect its community of individuals (“Members”) with companies, including brands and product makers, with whom BzzAgent partners (“Brands”). By signing up and creating a profile, BzzAgent Members are eligible to participate in campaigns where they receive samples to try products and share their authentic and honest opinions (“Campaigns”). Campaigns may involve creating and sharing a photo or post with friends and followers via social media networking platforms including Facebook, Twitter, Instagram, YouTube, TikTok, and blogs, or submitting product reviews that may be shared to brand and e-commerce sites. Through social posts and reviews, BzzAgent Members help drive brand awareness and inform purchase decisions.
2. INFORMATION WE COLLECT
2.1 Information that you Provide Directly
We may ask you to provide information directly, such as in connection with your account, your use of the Platform and when you otherwise interact with or contact us, including contact information (such as, name, e-mail address, and phone number). We may also collect other types of information, such as demographic information (for example, ZIP code, date of birth, gender identity, and ethnicity), information about your interests and preferences (e.g. personality, values, attitudes, interests, and health and lifestyle, including diet and exercise preferences), and information you choose to provide in connection with a feature or promotion we offer, such as an online forum or a sweepstakes or survey, or other forms or features on the Platform. When you create an account, it may include username and password.
We may also ask you to provide additional information to help us build out your profile and better match you for Campaigns that you may choose to voluntarily provide, which may include, but is not limited to, information about your annual household income, residential status, family composition, whether you have any pets, education level, industry and status of employment, relationship status, psychographic details (e.g. whether you agree or disagree with certain value statements or behaviors (e.g. a healthy diet is part of my life), and other demographic and interest-based information. Occasionally, we will offer campaigns that relate to potentially sensitive topics such as health, wellness or sexual preference. As with all of our surveys, we are only asking the questions in order to best match you with the right campaigns and your participation in any campaign is completely voluntary.
If you are invited to participate in a Campaign, you will be asked to apply to the Campaign and may be asked to provide additional information.
We also collect and keep track of data related to your participation in Campaigns, including the number of campaigns you have been invited to, applied to, or selected for, the number of reviews you have submitted, and other information about your Campaign history. We also collect information about the content of reviews you have submitted in connection with Campaigns, including your nickname, content of the review, star rating, and the date and time you submitted a review.
2.2 Information Provided to Us by Brands
When you participate on the Platform as a BzzAgent Member or otherwise interact with Brands through the Platform, we may process information about you on behalf of the Brands, for example, when you leave a review with the Brand.
2.3 Information We Collect Automatically
We and our third party business partners (including any third party service providers or third party content, advertising, and analytics providers) may use a variety of technologies, including cookies and web beacons, that automatically or passively collect information whenever you access, use, or otherwise interact with the Platform (“Usage Information”). Usage Information includes the hardware model, browser and operating system you are using, the URL or advertisement that referred you to our Platform, any search terms you entered into a search engine that led you to our Platform, the areas within our Platform that you visited, and the time of day you visited our Platform, your time zone, location information, and mobile network (if applicable), among other information. We may also automatically collect your IP address or other unique identifiers for any computer, mobile phone, or other device used to access our Platform.
Web Beacons: Additionally, we may use, and may allow third parties to use, web beacons on the Platform to monitor the effectiveness of advertising or for other legitimate purposes. Web beacons, also known as “Web bugs” “1x1 GIFs” or “clear GIFs” are small, graphic images on web pages or web-based documents or in email messages that allow us or third parties to monitor who is visiting the Platform. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons collect the IP address of the computer that the web beacon is sent to, the URL of the page the web beacon comes from and the time it was viewed. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Platform, to monitor how users navigate the Platform, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed. Web beacons may be linked to your personal information.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Platform, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the Platform, and is deactivated or deleted thereafter.
In addition, we may use a variety of other technologies that collect Usage Information and similar information for security and fraud detection purposes and to enforce our intellectual property rights.
2.4 Information Third Parties Provide About You
We may receive information about you from third parties in addition to Brands, such as data aggregators and other business partners. We may also supplement the information we collect with outside records from third parties, such as public databases, publicly available social media pages, and third parties who enhance the information we have about you, in order to provide you with information, services or products you have requested, to tailor content, to offer you opportunities to purchase products or services that we believe may be of interest to you, and for other purposes. The information collected and stored by third parties is subject solely to the third party’s privacy practices.
2.5 User Content Submissions
Note that anything you choose to submit or publicly post to the Platform may be public. Others may access it, use it, and share it. We are not responsible for how others use the User Content you submit or post. Personal information, such as your name, user name (from the Platform or your social media account), or where you reside, may be publicly displayed with your User Content. In addition, in connection with certain activities, your personal information may be disclosed publicly, for example, being identified as a winner of a sweepstakes or being awarded a prize.
2.7 Social Media Features
The Platform may permit you to interact with a third-party platform (such as Twitter, LinkedIn, Facebook, or Vimeo) and the Platform, for example, “liking” or “sharing” content from the Platform, posting your social media posts to the Platform, including a hashtag associated with us in your social media post, or creating an account or registering with the Platform using existing login information from a third-party platform (“Social Media Features”). Also, both we and the third party may have access to certain information about you and your use of the Platform and the third-party service. These third-party companies may collect information about your visit to our Platform through the Social Media Features we have integrated into the Platform. Note that through the Social Media Features, these third party companies may be able to collect certain information about your visits to the Platform regardless of whether or not you affirmatively interact with the Social Media Features and whether or not you are logged into (or have) an account with the third party platform.
3. HOW WE USE THE INFORMATION WE COLLECT
We may use the information we collect to:
Enable you to use the Platform and other products or services we offer, including maintaining your account information, managing Campaigns and fulfilling samples, and verifying information you provide to us, including that your email address is active and valid;
Manage our relationship with you and match you with potential Campaigns;
Send you products or samples as part of a Campaign;
Tailor the content and advertising we display to you or others, on the Platform or elsewhere, including content in emails we may send to you;
Communicate with you, including through social media messages such as Facebook Messenger or Instagram messages, including to respond to any questions, problems or complaints, or request feedback, and to send you information about us and the Platform, Campaign opportunities, specific Campaign directives, products, features, and activities, including to send you marketing communications if you have provided us your email address, as permitted by applicable law
For internal business purposes, such as to organize the Platform to better serve you, including analyzing the effectiveness of Campaigns, customize or develop and improve our products and services, to conduct market research and to analyze trends and statistics, and to comply with legal requirements and our business policies;
4. SHARING INFORMATION
4.1 Parent and Affiliates
We may disclose personal information we collect from you to our parent, affiliates or subsidiaries for business and operational purposes.
4.2 Information Shared through our Partnerships with Brands
When you participate in the Platform or otherwise interact with Brands through the Platform, we may also share certain information with the Brand in order to help them understand the impact of their Campaigns. For example, we may share certain information with Brands including aggregated statistics and demographic analysis of Campaigns. In some cases, we may provide your mailing address to the Brand associated with your Campaign such that they can fulfill the samples you requested. If you consent, we will also pass along email, city, state and phone number to our client in the event that a member reports an adverse event for pharmacovigilance.
4.3 Service Providers
We may use third party service providers to assist us with the administration of the Platform or to perform other services for us or on our behalf, including transaction processing and sending emails and other communications. We give these third parties access to your personal information (or allow them to collect information from or about you) so that they can provide the services. Our third party service providers may be located in the U.S., Canada or other foreign jurisdictions.
4.4 Third Parties When You Direct Us to Share Information
We may share information when you direct us to do so. For example, you may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your personal information shared, your personal information will be disclosed to that third party (or parties) and will be subject to their privacy practices. Or, you may engage with Social Media Features or other third party application or feature, through which information about you is shared. Please note that we are not responsible for the privacy practices of third parties. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.
4.5 Business Transfers/Merged or Acquiring Entity
Information about our users and the Platform are a business asset of BzzAgent. Therefore, information about our users, including personal information, may be disclosed without your further consent as part of any corporate restructuring, including a merger or acquisition, creation of a separate business to provide the Platform; debt financing, sale or pledge of company assets, insolvency, bankruptcy or receivership in which personal information would be transferred as one of BzzAgent’s business assets, or other transaction (including, without limitation, during the course of any due diligence process),. By providing your personal information, you agree that we may transfer such information to the new entity.
4.6 Legal and Business Purposes
We may share personal information about you to third parties in order to comply with a legal obligation and when we believe in good faith that the law requires it (e.g., a lawful subpoena, warrant or court order); to respond to lawful requests by public authorities or law enforcement, including to meet national security or law enforcement requirements; to protect the integrity of the Platform and enforce or apply our policies or any other agreement with a user; to initiate, render, bill, and collect for amounts owed to us; to protect our rights or property; to protect our users from fraudulent, abusive, or unlawful use of our Platform; to enforce contest, sweepstakes, promotions, or game rules; if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay; or to otherwise protect the rights, property, safety, or security of BzzAgent, users of the Platform, or others. We may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, Internet service providers, website service providers or law enforcement agencies, in our discretion.
4.7 Sweepstakes, Contests, Promotions
We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern the Promotion, which may contain specific requirements of you (including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, as required by law, or as permitted by the Promotion’s terms or official rules (such as on a winners list).
5. THIRD PARTY ADVERTISING AND ANALYTICS AND SIMILAR THIRD PARTIES
We may use third-party business partners, such as analytics companies, ad agencies, network advertisers, and others who provide us with information about the Platform, users, and our advertisements, and who deliver ads to you on our behalf on our Platform and elsewhere online. We and our third-party business partners collect certain information about your visits to and activity on our Platform and other websites and services, including through the Social Media Features, and may use this information to target advertising to you and others and to assess the effectiveness of our advertising. We may also share (or permit third parties to collect) certain information, such as Usage Information, aggregated or de-identified or hashed information (including email addresses), with these third parties for similar purposes.
These third parties may set and access their own tracking technologies on your device (including cookies, web beacons or other technology) and may otherwise collect or have access to your personal information over time, including about your visits to our Platform as well as other websites and online services. Companies that we share information with, including ad agencies and networks, may use the information, often in combination with their existing information, in order to present more relevant advertisements that may be of interest to you and to help us and third parties to do the same.
Your Advertising Choices: Some of these third parties may be members of the Network Advertising Initiative (“NAI”) or Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. Both NAI and DAA provide information regarding procedures for opting out of targeted online advertising from participating companies.
For information from NAI about opting out, click here.
For information from DAA about opting out click here.
To learn more about interest-based advertisements from participating third parties in Canada, please visit the Canadian DAA online choice page.
The European Digital Advertising Alliance (“EDAA”) has also developed a guide to online behavioral advertising and has developed an opt-out page for participating EDAA member companies available.
Note that these are cookie-based opt-outs. If you disable your cookies or upgrade your browser after opting out, or if you use different computers or browsers, you will need to indicate your opt-out choices across those other computers and browsers.
6. YOUR CHOICES AND ACCESS
6.1 Opting Out
Cookies: Cookies are small data files that download onto your computer or other devices when you visit the Platform or otherwise access our online content on certain websites. Cookies may be used for many purposes. We use both session cookies (which are deleted when you close your browser) and persistent cookies (which remain on your computer after the browser has been closed). To learn more, visit http://www.allaboutcookies.org/.
Marketing Communications: If you receive marketing communications from BzzAgent you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in the emails. If you receive marketing communications from a BzzAgent client and would no longer like to be contacted by them, please contact that client directly.
Do-Not-Track: Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. When you choose to turn on the “Do Not Track” setting in your browser, your browser will send a signal to websites, analytics providers, advertisement networks, plug-in providers, and other web service providers you encounter while browsing to stop tracking your activity. To find out more about and set up "Do Not Track," please visit www.allaboutdnt.com.
Global Privacy Control: Global Privacy Control (“GPC”) is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences with regard to third-party online tracking. To find out more about and set up GPC, please visit https://globalprivacycontrol.org/#about.
6.2 Access and Correction
If you would like to access, correct, amend or delete personal information collected by BzzAgent through the Platform, you may do so through your account settings, if applicable, or by contacting us through one of the below methods.
If for any reason, you no longer wish to be a member of BzzAgent and wish to close your account with us, then please let us know by emailing us at BzzAgentPrivacy@bzzagent.com. You may also have the option to pause or close your account through your account settings.
You have the right to opt out of marketing communications we send you at any time. You can exercise by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing, then please email us at BzzAgentPrivacy@bzzagent.com or contact us using the contact details provided in the Questions and Contact Information section. We may still contact you even if you have opted out of receiving marketing communications for transactional purposes, such as customer service, product information, or service or reminder notices.
1 N. Dearborn, Suite 810
Chicago, IL 60602
Phone – United States: 844-231-7540
7. THIRD-PARTY LINKS AND CONTENT ON OUR PLATFORM
8. BZZAGENT CONTENT ON THIRD-PARTY SITES
Our content may be included on third parties’ webpages and websites, including third-party sites on which you submit a review using a form powered by BzzAgent. While we do not control those third-party web pages and websites, we may collect Usage Information through BzzAgent content appearing on third-party sites.
9. CONSENT TO CROSS-BORDER TRANSFERS OF DATA
10. GENERAL AUDIENCE SITE
The Platform is intended for users who are at least 16 years of age. We do not knowingly collect personal information from children younger than the age of 16. To use the Platform and participate in certain features and services, users may be required to be at least 18 years of age and the age of majority in their jurisdiction.
We use commercially reasonable security measures and technologies in an effort to protect and secure the personal information we collect and store about users, including preventing loss, misuse, and alteration of the information under our control. However, please remember that no data transmission or data storage to guaranteed to be 100% secure. As such, we cannot guarantee protection of all information against interception, misappropriation, misuse, or alteration, or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. Furthermore, we have no control over the security of other sites you might visit, interact with or do business with. Thus, while we strive to protect your personal information, BzzAgent cannot ensure or warrant the security of any information you transmit to us. You use our Platform and provide us with your information at your own risk.
12. RETENTION OF PERSONAL INFORMATION
13. CHANGES TO THIS POLICY
14. QUESTIONS AND CONTACT INFORMATION
If you have any questions, inquiries or complaints about this Policy, or the practices of or your dealings with the Platform, please contact us at the following address, phone, or email:
1 N. Dearborn, Suite 810
Chicago, IL 60602
Phone – United States: 844-447-6112, Ext.6112
15. Notice to Nevada Residents
BzzAgent does not currently sell your covered information as those terms are defined under applicable Nevada law. However, you may still submit an opt-out request and we will honor that request as required by Nevada law if BzzAgent were to ever engage in such a sale in the future. If you are a Nevada resident and would like to opt-out of future sales of your covered information, please submit your request to BzzAgentPrivacy@bzzagent.com. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. BzzAgent will respond to your request within sixty (60) days either confirming that your request has been processed or indicating that we need an additional thirty (30) days to complete the request.
16. California Privacy Rights / “Shine the Light” law
If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please write to us at 1 N. Dearborn, Suite 810, Chicago, IL 60602. You must put the statement “Your California Privacy Rights” in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
17. Notice to Canadian Residents
Canadian residents may withdraw consent at any time (subject to legal or contractual restrictions and reasonable notice). Subject to certain limits set out in the applicable laws, Canadian residents also have the right to request access to the personal information that BzzAgent collects and to update or correct personal information if it is inaccurate. We may need to verify your identity before implementing your request.
Subject to applicable law, if you are a Canadian resident and would like to submit a request to access your personal information or to withdraw consent to the processing of your personal data, you must submit your request to BzzAgent by sending an email to BzzAgentPrivacy@bzzagent.com. You may also use this contact to submit any requests for information on our privacy practices or to submit a complaint regarding our practices.
Your request or complaint must include your full name, street address, city, province, postal code, and an email address so that we are able to contact you if needed regarding this request.
We cannot properly process requests or complaints that do not come through the designated request mechanism or do not contain sufficient information to allow us to process your request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. Once your request is processed, absent exemptions, we will provide you with details regarding what personal information we have, how it is used, and with which third parties it is shared.
18. Notice to UK Residents
If you are a resident of the United Kingdom (“UK”), the following information applies.
Purposes of processing and legal basis for processing: We process personal data on the following legal bases: (1) with your consent, (2) as necessary for our legitimate interests in providing the Platform where those interests do not override your fundamental rights and freedoms related to data privacy such as providing the Platform; to prevent fraud; sending you marketing communications; customizing or developing and improving our products and services; conducting market research; sharing with our business partners; business transfers; to ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution; to support internal administration with our affiliated entities; to conduct data analytics analyses to review and better understand trends and statistics; and complying with applicable law, (3) as necessary for the performance of a contract between BzzAgent and you (for example, to send you products or samples as part of a Campaign, and (4) as necessary to comply with legal requirements (for example, to make mandatory disclosures to law enforcement).
Data Subject Rights: Under the UK General Data Protection Regulation (“UK GDPR”) and Data Protection Act, you have the following rights:
Withdraw consent: If we have collected personal data with your consent, you have the right to withdraw that consent at any time.
Access: You have the right to request access to personal data we collected about you and information about its sources, purposes, and sharing.
Correction: You have the right to request that we correct the personal data we hold about you if it is inaccurate or incomplete.
Erasure: You have the right to request that we erase data we have collected from you. Please note that we may have a reason to deny your deletion request or delete data in a more limited way than you anticipated, e.g., because of a legal obligation to retain it.
Portability: You have the right, in certain circumstances, to request that we provide your personal data to you in a format that can be transferred to another entity.
Restrict Processing: You have the right, in certain circumstances, to request that we limit our processing of your personal data if you are contesting the accuracy of your personal information; asserting that our processing is unlawful; asserting that we need to keep the information for reasons related to the establishment, exercise, or defense of legal claims, or you object to our processing.
Object: You have the right to object to our processing if we are processing your personal data based on legitimate interests, using your personal information for direct marketing (including profiling), or processing your personal data for purposes of scientific or historical research and statistics.
To make any of the above requests, please contact us at: BzzAgentPrivacy@bzzagent.com
Transfers: Personal data we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our subcontractors maintain facilities. We ensure that transfers of personal data to a third country or an international organization are subject to appropriate safeguards such as standard contractual clauses (for example, the UK International Data Transfer Agreement or any approved successor set of clauses).
Third-Party Advertising. As discussed above, we work with certain third-party advertising companies in connection with our online advertising and those companies may set cookies or other tracking technologies in connection with providing advertising related services to us. The EDAA has developed a guide to online behavioral advertising and has developed an opt-out page to manage online behavioral advertising preferences with participating EDAA member companies available for UK residents at https://www.youronlinechoices.com/uk/.
Data Retention. We retain personal information for as long as your account is active or as needed to provide you the Platform. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and as permitted by applicable law. To close your account, please see Section 6.2 (Access and Correction).
Right to lodge a complaint. UK residents have the right to lodge a complaint about our data collection and processing actions with the national supervisory authority, the Information Commissioner’s Office (“ICO”) if you believe we have not resolved your concerns. Contact details for UK’s ICO are available here: https://ico.org.uk/global/contact-us/.