Effective Date: October 28, 2019
➢ Sugar Inc UK Limited is the data controller of user information processed through your use of our website and related services. For our POPSUGAR Voices or Influencer platforms, both Sugar Inc UK Limited and POPSUGAR Inc. act as independent data controllers with respect to your user information.
➢ The type of user information processed by POPSUGAR includes information that you provide when using our site or services, technical information about your device, settings and website use, and information that we receive from third parties, such as other website providers, ad networks and social media companies.
➢ We use your data, amongst other things, to provide you with our site and services or information about our site and services, tailor our services to you, carry out analysis of our services, provide (or allow others to provide) targeted ads, and comply with any legal or regulatory obligation.
➢ We may send you marketing materials relating to our services which you can opt out of at any time.
➢ We share data with our service providers and other third parties for the performance of our contractual obligations to you, to provide you with information and for the serving of advertising.
➢ You have a number of rights that you may exercise in relation to our use of your personal data, and you may exercise these by contacting us through the communication methods set out in Section 5 below (YOUR RIGHTS).
➢POPSUGAR participates in the IAB Europe Transparency & Consent Framework and complies with its Specifications and Policies. It uses the Consent Management Platform with the identification number 28.
You can find information about us and how we collect, use and store your personal data in each section of this policy:
- Who we are
- Information we collect from you
- Lawful basis for use of your information
- How your information will be used
- Disclosure of your information
- Your rights
- Security of your information
- International transfers
Who we are
Who this policy applies to
This policy applies to:
Your rights to object
You have various rights with respect to our use of your user information as set out in Section 5 (YOUR RIGHTS). Two of the fundamental rights to be aware of are as follows:
• You can exercise your rights to object here.
You can find out more information in Section 5 (YOUR RIGHTS).
What you need to do and your confirmation to us
Cookies and Web Beacons
"Cookies" are small data file identifiers that are transferred to your computer or mobile web browser that allow us, and third parties with whom we partner, to recognise your browser or mobile device and transfer information about you and your use of our Services. For example, Cookies that we use tell us how many times you have visited one of our websites, your search preferences, and if you have clicked on an advertisement that has been displayed to you. We use "persistent" Cookies to save your login information for future logins to the Services. We also use "session ID" Cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by users and web traffic routing on the Services. Unlike persistent Cookies, session ID Cookies are deleted from your computer when you log off from a Service and close your browser.
"Web Beacons" are small, invisible graphic images that may be used on the Services interface or in emails to collect certain information and monitor user activity on the Services interface, such as to count visits, access Cookies, understand usage effectiveness, and to determine if an email has been opened and acted upon. "Pixels" or "Pixel Tags" also known as clear GIFs, beacons, spotlight tags or web bugs, are a method for passing information from the user's computer to a third party website. We (and third parties with whom we partner) may deliver Web Beacons, Pixels or Pixel tags to you through our Services. Web Beacons allow ad networks, marketing partners and other service providers that we use to provide anonymised, aggregated auditing, research and reporting for us, for advertisers and our other partners. Web Beacons also enable ad networks and other partners to track your behavior for their own analysis and use, and to serve targeted advertisements to you when you visit other websites or platforms. These Web Beacons enable third party companies to view, edit, or set their own Cookies when you visit the Services, just as if you had visited a web page from their site.
2. INFORMATION WE COLLECT OR RECEIVE
Some user information you provide to us directly, some user information is collected automatically when you use the Services and some user information we receive from third parties, such as our third party vendors and publicly available sources such as public websites, which we refer to as "third party sources" or "suppliers" throughout this policy.
Information that you provide to us directly
User information you provide to us directly may include any of the following information about you, depending on the portion of the Services used:
Some of the user information we collect directly from you is collected with your consent. At other times, the user information we collect directly from you is necessary for us to collect in order to ensure the adequate performance of the contract between you and POPSUGAR, to enable us to comply with legal obligations, and/or given our legitimate interest in being able to provide the functionalities of the Services. Depending on the portion of the Services used, this may include the following:
You may also choose to provide us with user information that is not essential to the function of the Services in order to engage with certain features of the Services and improve your experience with the Services. This additional user information that you provide will be processed in connection with the performance of the contract between you and POPSUGAR and/or given our legitimate interest in being able to provide the functionalities of the Services and providing customer service to our users. Depending on the portion of the Services used, this may include the following:
Information that we automatically collect
When you use the Services, we automatically collect certain user information, including information about the Services you use and how you use them. Except as otherwise stated below in this Section, this user information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations, and/or given our legitimate interest in being able to provide the functionalities of the Services. Depending on the portion of the Services used, this may include the following:
Information that we receive from third parties
We may also receive certain user information about you from third parties. This User information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations, and/or given our legitimate interest in being able to provide the functionalities of the Services and allowing us to improve the Services for our users. Depending on the portion of the Services used, this may include the following:
We will not use your user information in any way that is incompatible with the purposes set out in this Section 2. Please contact us using the details below if you want further information on the analysis we will undertake to establish if a new use of your user information is compatible with these purposes.
We keep your user information for no longer than necessary for the purposes for which the user information is processed. The length of time we retain user information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.
Children and our Services
The Services are not directed to children under 13, and we do not knowingly collect or solicit user information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us. If a parent or guardian becomes aware that their child has provided us with user information without their consent, please contact us at firstname.lastname@example.org.
3. LAWFUL BASES FOR PROCESSING
- run, grow and develop our business;
- operate and improve our Services;
- to provide customer service to our users;
- marketing, market research and business development;
- understanding advertising campaigns on the Services;
- for the POPSUGAR Voices and Influencer platforms, selecting the right person to engage for the particular campaign and communicating with you about submission opportunities and other information related to your engagement by POPSUGAR;
- for internal group administrative purposes;
- keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage; and
- to protect your life or other vital interests or those of a third party.
We may process your user information in some cases for marketing purposes on the basis of your consent (which you may withdraw at any time after giving it, as described below).
If we rely on your consent for us to use your user information in a particular way, but you later change your mind, you may withdraw your consent by contacting us at email@example.com and we will stop doing so. However, if you withdraw your consent, this may impact the ability for us to be able to provide the Services to you.
4. HOW WE MAY USE AND SHARE YOUR INFORMATION
We may use and share your user information in the following ways, depending on the portion of the Services used:
User profile and submissions
Certain user information from your profile such as your user name or any video or image content that you have uploaded to the Services may be displayed to other users to facilitate user interaction within the Service or address your request for Services. Such user information is used by us as necessary for the adequate performance of the contract between you and us and/or given our legitimate interest in being able to provide the functionalities of the Services.
For our POPSUGAR Voices and Influencer platforms, user information from your profile may be shared with third parties including advertisers in connection with an advertising campaign, which may include publicly available metrics related to your social media channels and a description of your blog or other content you have created in the past. Such user information is disclosed by us as necessary for the adequate performance of the contract between you and us and/or given our and such third parties' legitimate interests in selecting the right person to engage for the particular campaign.
Contact and communications
For our POPSUGAR Voices platform, your email address may be used to send you the Voices newsletter. The use of your email in this way is to support our legitimate interest in communicating with you about submission opportunities and other information related to your engagement by POPSUGAR in connection with Voices.
We may use information you provide to us in order to deal with any enquiries or issues you have about how we collect, store and use your user information, or any requests made by you for a copy of the information we hold about you. We may also use your user information for improvement and maintenance of our website and to provide technical support for our website. Use of your user information for these purposes is to enable us to comply with legal obligations, and/or supports our legitimate interest in providing customer service to you.
Understanding our audience and improving our Services
We may also receive certain data (on an individual and/or aggregated basis) collected by our partners (including but not limited to e-commerce partners, affiliates, and analytics providers), including through the use of Pixel Tags, e-tags, IP Addresses, and Local Shared Objects, which allows us to:
When you receive email messages from us, we may use Web Beacons, customized links, clear GIFs or similar technologies to determine whether the email has been opened and which links you click.
Our collection and use of the user information described in this section is based on our legitimate interests in understanding how our Services are being used, and to develop new products and services and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, including through increased efficiency.
Third party service providers
We employ or utilise the services of certain third party vendors, consultants and service providers who need access to your user information (such as your name, address, email, or other identifiers) in order to enable them to perform services on our behalf or to provide us with additional information necessary to provide Services to you. We use third party vendors for a variety of services across our Services, such as email message deployment, research, statistical analysis, cross-device user tracking, data and website hosting, and other data and transaction processing. These third party vendors have only limited access to your user information, and may use your information only to perform these tasks on our behalf.
In addition to receiving your user information from us, our service providers may also:
Our engagement of service providers is often necessary for us to provide the Services to you. In such cases, the sharing and processing of user information by those service providers is necessary for the adequate performance of the contract between you and POPSUGAR, to enable us to comply with legal obligations, and/or given our legitimate interest in being able to provide the functionalities of the Services.
In other cases, these service providers are not strictly necessary for us to provide the Services to you, but help us to improve the Services, such as when we conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
Advertising and marketing
POPSUGAR works with third parties to provide analytics information regarding your usage of our Services or to help us track the advertisements that are delivered to you on the Services to determine the effectiveness of advertising on our Services. We may also link this information to other user information that we hold about you.
Certain third party vendors and partners authorised by POPSUGAR (including, but not limited to, advertisers, advertising agencies, ad networks, ad measurement providers, and other marketing and advertising service providers and partners) ("Advertisers"") may also collect information about you on the Services in order to provide you with relevant advertising on the Services and on other websites, platforms and media channels, and to analyse the performance of advertising campaigns. These Advertisers may use tracking technologies such as Cookies, Web Beacons, and other similar technologies, and may collect many different kinds of data, such as your IP Address and Device ID. The specific Advertisers we work with are subject to change at any time. For a list of some of the applicable providers or for more details on opting out of tracking for advertising purposes, please use our consent management platform by clicking on the button in the lower right corner of the cookie banner labeled "Show Purposes," or navigating to the "Manage Purposes" link at the bottom left corner of the home page. The use of tracking technologies by these third parties is subject to their own privacy policies.
Some Advertisers may combine the user information they collect about you on the Services with their own data about you to form a more detailed picture. We may also share your information with Advertisers for the purpose of allowing them or their clients to send you marketing communications related to your use of the Services, their services or programs featured and/or advertised on the Services (for example, through advertisements), or their products, services and/or programs generally.
Some of our Services may include digital promotional offers in the form of coupons, or discount or rebate cards from POPSUGAR or one of its advertiser partners that you elect to save into your digital wallet (e.g., Apple Wallet or Android Pay) on your mobile device ("Offers"). When you engage with such Offers, your IP address, user agent, operating system, and other non-personal data about your interaction with such Offer may be collected by Advertisers. Also, the developer of your digital wallet (e.g., Apple for iPhones devices or Google for Android devices) may collect your precise location of your device. The collection and use of such data by these third parties is subject to their own respective terms and privacy policies.
Some of our Services may use Facebook and Instagram features and tools, including Pixel Tags, which send data regarding your use of the Services to Facebook and/or Instagram for the purpose of tracking your interaction with the Services and with our brand on Facebook and Instagram, and to create custom audiences on the Facebook and/or Instagram platforms. Facebook and Instagram link the data collected on our Services with your account on their platforms and we and/or our Advertisers may use that data to serve you with advertisements both on and off of Facebook and Instagram.
In order to help us sell advertising on the Services and otherwise publicise POPSUGAR and its products and services, we may share aggregate statistics that describe our online audience. Those statistics are often based on the information you provide when you subscribe, register, or browse the Services and describe, among other things, the demographics of our visitors.
Generally we will rely on your consent for third parties to track you and otherwise collect and process your Personal Data on the Services for advertising purposes, including profiling. Where we rely on your consent for such processing, you can withdraw your consent at any time (see the section below entitled YOUR RIGHTS).
With respect to processing of Personal Data in circumstances where we are not relying on consent as the legal basis for processing, such as processing of Personal Data for fraud detection and prevention and other types of processing related to the performance of ad campaigns (for example, to measure how many people saw an advertisement) and your interaction with advertisements (for example, to determine how many people clicked an advertisement), this processing is based on our and our Advertisers' and partners' legitimate interests in understanding the effectiveness of advertising campaigns on the Services and on other Channels and preventing fraud.
Social plug-ins and embeds
Sharing of aggregated information
We may also share demographic information with business partners in an aggregated and de-personalized format, so that Personal Data is not shared.
Safety and security
We may also use your user information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services, including enhancing protection of our users against security risks of all kind.
Legal compliance and safety
We may retain, preserve, or release your user information to a third party in the following circumstances:
If we receive a lawful, verified request for user's records or information in one of the limited circumstances described in the previous paragraph, we may disclose Personal Data in connection with such request, which may include, but may not be limited to, a user's name or email address.
In the above cases, our use of your user information may be necessary for the purposes of POPSUGAR's or a third party's legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).
We may share your user information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where user information may be disclosed or transferred as one of our business assets. In these types of transactions, user information is typically one of the business assets that will be transferred. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term.
5. YOUR RIGHTS
You may exercise any of the rights described in this section. If you would like further information in relation to these or would like to exercise any of them, please click here or contact us via email at firstname.lastname@example.org. Please note that we may ask you to verify your identity before taking further action on your request.
We will consider all such requests and provide our response within a reasonable period (and in any event within one month of your request unless we tell you we are entitled to a longer period allowed by applicable law). Please note, however, that certain user information may be exempt from such requests in certain circumstances, for example if we need to keep using the information to comply with our own legal obligations or to establish, exercise or defend legal claims.
If an exception applies, we will tell you this when responding to your request.
You have the following rights:
Right of access
You have a right of access to any user information we hold about you. You may access and update some of your user information through your user account settings on the applicable Services. You may add, update or delete information, which limits the ability of other users to see the information in your user profile. You can ask us for a copy of your user information; confirmation whether your user information is being used by us; details about how and why it is being used; and details of what safeguards are in place if we transfer your information outside of the European Economic Area ("EEA").
In order to de-link your POPSUGAR account from your account on Facebook or Google, you must adjust your account settings with the third party application. For example, if you want to de-link your Facebook account with POPSUGAR, you must de-link your accounts in your Facebook application settings.
Right to update your information
You have the right to ask us to correct inaccurate or incomplete user information concerning you that we hold.
You have a right to ask us to provide your user information to a third party provider of services. This right only applies where we use your user information on the basis of your consent or performance of a contract; and where our use of your information is carried out by automated means.
Data retention and erasure
You have a right to ask us to delete any user information which we are holding about you in certain specific circumstances. If you no longer want us to use your user information to provide Services to you, you can request that we erase your user information and close your user account(s).
We will pass your request onto other recipients of your user information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are using the contact details in Section 8 (IDENTITY AND CONTACT INFORMATION OF THE DATA CONTROLLERS).
Please note that if you request the erasure of your Personal Data:
Withdrawing consent and restriction of processing
(a) Withdrawing consent.
Where you have provided your consent to the processing of your user information by POPSUGAR, you may withdraw your consent at any time by changing your user account or by sending a communication to email@example.com specifying which consent you are withdrawing.
Where we rely on your consent as the basis for allowing third parties to track you on the Services and process your user information for advertising purposes (including profiling), you can withdraw your consent from tracking and processing by one or all of such third parties by clicking on the "Manage Purposes" link at the bottom left corner of the home page.
To opt out of collection of your information by Nielsen, or to obtain information about the technologies they use or their own privacy policies, please visit the Nielsen consumer opt out page located here.
Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent prior to your withdrawal of consent.
(b) Restriction of processing.
Additionally, you have the right to limit the ways in which we use your user information in certain specific circumstances. You can ask us for further information on these specific circumstances by contacting us using the details in Section 8 (IDENTITY AND CONTACT INFORMATION OF THE DATA CONTROLLERS).
We will pass your request onto other recipients of your user information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are using the contact details in Section 8 (IDENTITY AND CONTACT INFORMATION OF THE DATA CONTROLLERS).
Objection to processing
You are also entitled to require that POPSUGAR not process your user information for certain specific purposes where such processing is based on legitimate interest. If you object to such processing, we will no longer process your user information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.
Right to stop marketing
Where your user information is processed for direct marketing purposes, you may, at any time, submit a request asking us to cease processing your data for these direct marketing purposes by clicking here.
In accordance with Article 77 of the General Data Protection Regulation, you have the right to lodge complaints about the data processing activities carried out to the UK Information Commissioner's Office, or the data protection regulator in the country where you usually live or work, or where an alleged infringement of the General Data Protection Regulation has taken place. Alternatively, you may seek a remedy through the courts if you believe your rights have been breached.
6. SECURITY OF INFORMATION
We use appropriate technical and organizational measures to ensure a level of security appropriate to the risks associated with different kinds of processing of user information. However, we cannot ensure or warrant the security of any information you provide to us or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed by unauthorised persons or hardware or software failure. You are ultimately responsible for the security of your email address and password.
The main risk of our processing of your user information is if it is lost, stolen or misused. This could lead to your user information being in the hands of someone else who may use it fraudulently or make public information that you would prefer to keep private.
For this reason, we are committed to protecting your user information from loss, theft and misuse. We take all reasonable precautions to safeguard the confidentiality of your user information, including through use of appropriate organisational and technical measures.
In the course of provision of your user information to us, your user information may be transferred over the internet. Although we make every effort to protect the user information which you provide to us, the transmission of information over the internet is not completely secure. As such, you acknowledge and accept that we cannot guarantee the security of your user information transmitted to our website and that any such transmission is at your own risk. Once we have received your user information, we will use strict procedures and security features to prevent unauthorised access to it.
Where we have given you (or where you have chosen) a password which enables you to access your online account, you are responsible for keeping this password confidential. We ask you that you create a strong, unique password that you do not use on other sites and that you not share your password with anyone.
7. INTERNATIONAL TRANSFERS
Sugar Inc UK Limited transfers user information to its parent company, POPSUGAR Inc., located in the United States, so your user information will be processed in the United States.
To the extent that POPSUGAR is deemed to transfer any user information outside of the EEA, we rely separately, alternatively, and independently on certain transfer mechanisms to transfer your user information as follows. We will provide further information on the means to ensure an adequate level of data protection for your user information upon your request, which can be directed to
Standard contractual clauses
The European Commission has adopted standard contractual clauses (also known as model clauses), which provide safeguards for user information that is transferred outside of the EEA. We often use these standard contractual clauses when transferring user information outside of the EEA, including where we transfer data between Sugar Inc UK Limited (our UK entity) and its parent company POPSUGAR Inc. in the United States.
None of the POPSUGAR entities participate in Privacy Shield. However, we may rely on the EU-U.S. Privacy Shield to transfer user information to some of our third party service providers and partners in the United States, where they are certified to receive such information under the Privacy Shield Program.
In some cases we may transfer your user information to certain third party service providers and partners of POPSUGAR based on an adequacy decision of the European Commission confirming an adequate level of data protection in the non-EEA country of the receiving party.
8. IDENTITY AND CONTACT INFORMATION OF THE DATA CONTROLLERS
If you have any questions or complaints regarding our collection, use or storage of your user information, or if you wish to exercise any of your rights in relation to your user information, please contact firstname.lastname@example.org. We will investigate and attempt to resolve any such complaint or dispute regarding the use or disclosure of your user information.
If you are located in the European Union, the applicable data controller with respect to your user information is Sugar Inc UK Limited.
Most user information collected through our Services will also be processed by POPSUGAR Inc., parent company of Sugar Inc UK Limited, which acts as a data processor with respect to your user information. For our POPSUGAR Voices or Influencer platforms, both Sugar Inc UK Limited and POPSUGAR Inc. act as independent data controllers with respect to your user information.
Contact details of Sugar Inc UK Limited:
Sugar Inc UK Limited
14-16 Great Chapel Street
London W1F 8FL
Contact details of POPSUGAR Inc.:
Group Nine Media Inc.
New York, NY 10012