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Influencer terms and conditions


Personal Information, Privacy Policy and Cookies

Updated 01.05.2017

Terms & Conditions

By signing up to BRANDHEROES via app, website or any other way, you agree that you (in the following “the Influencer”) have entered into an agreement with BRANDHEROES ApS company reg. no. DK37380865 (in the following “BRANDHEROES”) regarding the Influencer’s promotion of the BRAND (in the following “BRAND”) associated with your sign-up or any campaign you enter, and you accept the following terms & conditions of this agreement.

Content:

  1. The relationship between the Parties
  2. Obligations of the Influencer in Ambassador collaborations
  3. Obligations of the BRAND in Ambassador collaborations
  4. Duration and Termination of Ambassador collaborations
  5. Obligations of the Influencer who participates in App Campaigns
  6. Obligations of BRANDHEROES in App Campaigns
  7. BRANDHEROES shop and BRANDCOINS
  8. Terms of App use and Policy for User Generated Content
  9. Intellectual Property Rights
  10. Confidentiality
  11. Personal Information, Privacy Policy and Cookies
  12. General Terms and Conditions
  13. Choice of Law and Venue

 

  1. The relationship between the Parties

1.1. The Influencer is appointed as an independent contractor.

1.2. The Influencer acknowledges and agrees that his or her relationship with BRANDHEROES and the BRAND is that of an independent contractor. There is no employment relationship between BRANDHEROES, the BRAND and The Influencer.

 

  1. Obligations of the Influencer in Ambassador Collaborations

2.1. The Influencer is obliged to do at least the agreed upon posts on Instagram (the “Instagram Posts”) during the collaboration period, cf. article 4.1.

2.2. Each Post must focus on the products or services received from the BRAND or BRANDHEROES according to article 3.1. The Influencer is obligated to post the Instagram Posts on Instagram using the hashtags and profiles or locations agreed upon in the sign-up.

2.3. When posting the Posts on the Influencer’s own Instagram or any other media whether physical or electronic, the Influencer is required to notify the public that the content is advertisement and sponsored by the BRAND or store. Do this by adding your local translation of ‘Sponsored by’ the BRAND in the beginning of your caption. E.G. in Denmark you have to add ‘annonce‘ or ‘reklame‘ and in Germany ‘webung’ or‘anzeige’.

2.4. The Influencer consents that BRANDHEROES may contact the Influencer regarding requests to promote other BRANDs that BRANDHEROES promotes and represents.

2.5. The Influencer is not allowed to delete the BRAND content until 3 months after the collaboration has ended.

2.5.1. The pictures must be separate Instagram posts and not albums

2.5.2. The Influencer’s hashtags must be added in the caption and not in the comments below

2.5.3. It is the Influencer’s responsibility to defray any tax required by national legislation in the Influencer’s country of residence.

 

  1. Obligations of the BRAND in Ambassador Collaborations

3.1. The Influencer will receive the products, experiences or services agreed upon in the sign-up during the collaboration period, cf. article 4.1.

 

  1. Duration and Termination of Ambassador Collaborations

4.1. The Agreement is effective from the date of the Influencer’s sign-up and is valid for the agreed upon months from the effective date. Hereafter, the Agreement ends without further notice.

4.2. The Agreement may be terminated, by either Party, without cause and liability by giving 30 calendar days of written notice of such termination to the other Party. In this case to BRANDHEROES, the BRAND or the Influencer.

 

  1. Obligations of the Influencer who participates in App Campaigns

5.1. The Influencer can, in the app, enter campaigns by uploading posts (images, video and captions) based on the brief and inspiration images described in the campaign. The posts are approved by BRANDHEROES or the BRAND.

5.1.1 All uploaded posts are subject to approval by BRANDHEROES or the BRAND. BRANDHEROES and the BRAND reserve the right to reject Influencer’s participation in a given campaign without giving any justification for such rejection.

5.1.2. By uploading a post to the campaign, the Influencer is obliged to meet any of the guidelines set in the campaign brief, e.g.

  • Deadlines for attending events or uploading approved posts.
  • Required number of e.g. followers or influencer score
  • Location or gender
  • Focus of the posts e.g. on product, service or event
  • Hashtags must be added in the caption and not in the comments below

5.1.3. If the post is approved, the Influencer is obliged to publish the post including the approved caption and tags on the social media specified in the campaign brief.

5.1.4. The Influencer is obliged not to remove the post for a 3-months period after publishing, or change his or her social media account to private.

5.1.5 When posting the campaign posts on the Influencer’s own Instagram or any other media whether physical or electronic, the Influencer is required to notify the public that the content is advertisement and sponsored by the campaign BRAND. This is done by adding your local translation of ‘Sponsored by the BRAND’ in the beginning of your caption. E.g. in Denmark, you have to add ‘annonce‘ or ‘reklame‘ and in Germany ‘webung’ or ‘anzeige’.

5.1.6. The payment of BRANDCOINS to the Influencer is conditional on the Influencer complying fully with the campaign brief. BRANDHEROES reserves the right to cancel the approved post at any time if you make unapproved changes to the post or the content.

5.1.7. BRANDHEROES reserves the right to temporarily or definitively block the Influencer’s account or withdraw the paid BRANDCOINS, if the Influencer does not comply with the campaign brief or violates BRANDHEORES’ policy for user generated content.

5.2. It is the Influencer’s responsibility to defray any tax required by national legislation in the Influencer’s country of residence.

 

  1. Obligations of BRANDHEROES in App Campaigns

6.1. When the Influencer has shared the approved post and the platform has registered the post using the campaign hashtag, BRANDHEROES will transfer 5,000 BRANDCOINS (value: 50€) to the Influencer.

6.2. BRANDCOINS can be used to order exclusive prizes on BRANDHEROES’ web shop.

 

  1. BRANDHEROES’ web shop and BRANDCOINS

7.1. BRANDHEROES’ web shop can be accessed through the app and is a closed community shop, where all active influencers can shop exclusive prizes for the BRANDCOINS.

7.2. BRANDCOINS cannot be exchanged for cash or be transferred to others.

7.3. BRANDCOINS expire 2 years after they are earned. We will send the Influencer an email 3 months before they expire. If you choose to cancel your collaboration with BRANDHEROES, all earned BRANDCOINS will be deleted automatically.

7.4. When ordering prizes that are valued at more than your member profile’s balance, it is possible to pay the remaining amount with euros.

7.5. When you order a prize at the BRANDHEROES web shop, it will be shipped to your chosen address within one week.

7.5.1. The prize cannot be cancelled, returned or exchanged for another prize and we cannot send the prize to another address after you have ordered it.

7.6. If you choose to return the prize you ordered by paying the remaining amount with euros, you will only be returned the actual amount you have paid. Your used BRANDCOINS from the order will not be refunded or returned to your profile.

7.7. You must collect your prize in the parcel shop within 14 days after you have been notified that it is ready for you. Otherwise, the prize will be returned, and both your prize and your BRANDCOINS will be lost.

7.8. If there is an error in your prize, the usual 2-year warranty will apply. Contact BRANDHEROES customer service department via email: CustomerService@Brandheroes.com. This must be done within a fair time frame.

 

  1. Terms of App Use and Policy for User Generated Content

8.1. As an Influencer, you are obliged to comply with these guidelines when you post pictures, write comments, write texts and interact with the BRANDHEROES app and community.

  • Always only post your own pictures, and with full consent of additional people in the shot.
  • Only use photos and videos that are appropriate for a wide spread audience.
  • Never obtain “fake” likes and interactions from bought Instagram vendors.
  • Follow the law. No sexual content, child abuse, drugs, weapons, violence, or religiously oppressing content.
  • Respect the community of fellow BRANDHEROES. Everyone is different, embrace that with compassion.
  • Never enforce negative and self-destructive behaviour on our platform.
  • Don’t spread “fake news”.

8.2. The Influencer is obliged to report any content that is in violation with our guidelines of user generated content by using the “Report this post” flag/button that is located next to each post or by swiping a comment to the side.

8.2.1. All reported posts will be manually handled by our customer service team.

8.2.2. If your post has been reported, BRANDHEROES reserves the right to delete the post from the app and feed without further notice.

8.2.3. In case the Influencer is reported for multiple posts, BRANDHEROES reserves the right to exclude the Influencer from the community without further notice.

8.3. BRANDHEROES will remove user content that the owner asks us to remove within 24 hours. Just send an email to CustomerService@Brandheroes.com.

 

  1. Intellectual Property Rights

9.1. The Influencer grants BRANDHEROES and the BRAND the right to use the Instagram Posts as well as other material that may be generated according to this Agreement. We may use it for advertising and promotional purposes in marketing material, including but not limited to use in catalogues, magazines, websites, newsletters and social medias such as Facebook, Instagram and Twitter. This usage right is not subject to any geographical restrictions and is valid for an indefinite period of time.

Furthermore, the Influencer agrees that BRANDHEROES and the BRAND are entitled in a fair manner to use the Influencer’s name and image in relation to PR purposes.

 

  1. Confidentiality

10.1. The Influencer may not disclose, use or take advantage of any confidential information, which the Influencer may have obtained during the cooperation with BRANDHEROES and the BRAND.

10.2. Violation of the obligations in this paragraph shall be considered a fundamental breach of contract and the Influencer may be held liable for damages caused thereby.

 

  1. Personal Information and Privacy Policy

11.1. BRANDHEROES is responsible for protecting your data in accordance with the current rules on the protection of personal data. When signing up to BRANDHEROES you allow us to process your personal information for the collaboration, as this is a necessity for the execution of the campaign. The data will be in BRANDHEROES database as long as you are active in BRANDHEROES system. During this period, you have the right to receive general information about your personal data, but also the right to get an explanation of how these are processed. When your personal information is no longer required for the executions of campaigns, these will be deleted from the database.

11.1.1. We will remove user content and any other information that the owner asks us to remove, within 24 hours. Just send an email to CustomerService@BRANDHEROES.com.

11.2. BRANDHEROES is handling the following information about you:

11.2.1. The information you provided when you signed up for BRANDHEROES and when you update your profile, e.g. contact information, gender, age, interests, etc.

11.2.2. Information about your purchases in the web shop

11.2.3. Information about your behavior on our controlled websites, web shop, newsletters and in our app.

11.2.4. If you answer questionnaires from us

11.3. We use your information to handle your BRANDCOINS and orders in the web shop.

11.3.1 In addition, we use your information and behavior to gain knowledge about your brand and product preferences so we can target communication and campaigns to you – ensuring that you receive relevant offers that match you and your interests.

11.4. We do not share information with any other companies or people outside BRANDHEROES without your explicit consent unless BRANDHEROES detects legitimate reasons to precede your rights.

  1. 4.1. In this matter, BRANDHEROES reserves the right to transfer your personal data to collaborators in connection with the campaigns in which you participate, as this is a necessity for the execution of the campaign.

11.5. You are always entitled to ask what personal information we have registered for you. And you can always ask us to correct or delete your information if it is incorrect, incomplete or irrelevant as well as you are always entitled to receive all information about the processing of your data. In this case, you should contact BRANDHEROES Customer Service at CustomerService@Brandheroes.com This is also where you should contact us if you want to use your rights to obtain your information (data portability).

11.6. You may in certain cases limit the processing of your personal data made by BRANDHEROES. In this situation, BRANDHEROES will temporarily move selected personal information to other processing systems, or make the personal information unavailable to certain users.

11.7 If you choose to discontinue your collaboration with BRANDHEROES, you will be blocked immediately in our system and will no longer receive any communication from us. We will delete all your information within 30 days after you have cancelled your partnership with BRANDHEROES.

11.8. We use external partners located outside the EU as data servers when we store and manage your personal information. All data transfers to external partners are conducted in accordance with the EU Commission’s standard contractual arrangements for transferring to third countries between the external partner and us and ensure that we comply with EU data protection rules. External data servers may only process this data according to our instructions.

11.9. BRANDHEROES use 24-hour backup and encryption via HTTPS.

11.10. You can always obtain information about the data we store through BRANDHEROES Customer Service (CustomerService@Brandheroes.com) if you need a copy of the guarantees in the EU Commission’s standard contractual provisions that the external partner has agreed at, to comply with EU data protection rules.

If you believe that we have violated the applicable privacy policy rules in our processing of your information, you may appeal to the Danish DPA at Borgergade 28.5, 1300 Copenhagen K, tel. 33193200 or at dt@datatilsynet.dk.

11.11. BRANDHEROES use cookies on our website, web shop, in our app and on any other website we control. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow). Cookies enable the site’s or service provider’s systems to recognize your browser or app and they capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

11.11.1. We use cookies to:

  • Understand and save your preferences for future visits.
  • Compile aggregate data about site traffic and site interactions in order to offer better site, shop

and app experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

  • Track affiliate actions and payments.

11.11.1. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

11.12. If you turn off cookies, some features will be disabled. It might affect your site experience and some of our services will not function properly. However, you can still use the main features of our services.

11.13. In the case of a data breach with personal information affected, we will within 72 hours notify the Data Inspectorate and all affected users via email.

11.14. If you believe that we have violated the applicable privacy policy rules in our processing of your information, you may appeal to the Danish DPA at Borgergade 28.5, 1300 Copenhagen K, tel. 3319 3200 or at dt@datatilsynet.dk.

 

  1. General Terms and Conditions

12.1. BRANDHEROES reserves the right to change the terms and conditions and to completely suspend the BRANDHEROES program with one month’s notice. All earned BRANDCOINS will, if applicable, continue to be used within the stated deadline. If significant changes to the distribution program occur, BRANDHEROES will inform you about it in an email.

12.2. BRANDHEROES considers the changes approved by the Influencer if you continue to use your services after you have received the mail. If the Influencer cannot accept the changes, he or she must discontinue the collaboration with BRANDHEROES.

12.3. Misuse of the use of BRANDHEROES services may result in the permanent exclusion of BRANDHEROES and, consequently, we will terminate your earned BRANDCOINS. Examples of abuse may be cheating with BRANDCOINS, theft or attempt or unacceptable behaviour against BRANDHEROES employees, influencers e.g.

12.4. These Terms and Conditions supersede all previous releases of BRANDHEROES Terms & Conditions.

 

  1. Choice of Law and Venue

13.1. This Agreement shall be governed and construed in accordance with the laws of Denmark.

13.2. Any disputes relating to or arising out of this Agreement shall be subject to the exclusive jurisdiction of the City Court of Randers as first instance.

If you have any comments or questions, please feel free to write to us at CustomerService@Brandheroes.com