Privacy
Policy

Last Updated: January 1, 2021

DATA CONTROLLER / CONTACT
The purpose of this Privacy Policy is to inform you about how your personal data is collected, processed and stored by Jellysmack (hereinafter “Jellysmack” “we,” “our,” and “us”) whose registered office is located at: 19th West 24th Street, New York, NY 10010, USA. Jellysmack can be reached by:
- Sending us a letter at: Jellysmack, 19th West 24th Street, New York, NY 10010, USA
- Emailing us at: compliance at jellysmack dot com
- Using the contact form available on our website (Jellysmack’s website accessible at the URL: www.jellysmack.com, hereinafter the “Site”).

INFORMATION COLLECTION
Usage Data
We collect Usage Data relating to the use of our Site, traffic logs, user conduct or the results of Site usage, or services. Usage Data does not identify you (via your IP address or device identifiers). We do not collect any Personal Data (information that is related in any manner to an identified or identifiable natural person) regarding your use of our Site, Social Media Channels, or Pages. In the event that any Usage Data potentially includes Personal Data, we will treat it as Personal Data.
Personal Data
If you provide Personal Data directly to Jellysmack through the completion of our contact data form on our Site (where you provide us with personal identifiers such as name, email, and phone number), we will only use this Personal Data to respond to your request and will only process it based on your consent or if we have a legitimate legal interest.
Aggregated Data and Anonymization
We may collect and aggregate Usage Data that contains Personal Data via our Social Media Channels and Pages from your comments on our Social Media Channels and Pages solely in order to create metrics and statistical audience segments (“Aggregated Data”). Aggregated Data consists of information that is aggregated, or combined, with information of other Data Subjects (identifiable physical persons, who potentially may be identified, directly or indirectly, by identifiers such as name, online profile, IP number, etc.).
The products of Aggregated Data are anonymized, and no Personal Data identifying you or any Data Subject will be used. In the event that any Aggregated Data includes Personal Data, the Aggregated Data will be processed as Personal Data, in compliance with all legal personal data safety and security guarantees and requirements.
To the extent that we receive or process Personal Data, we shall do so solely in furtherance of our legitimate business interests to improve our Services, and in compliance with all applicable data privacy regulations and social media platform policies. We will process Personal Data for these purposes only, and will erase any Personal Data from our databases as soon as it is no longer necessary for the legitimate business interest of improvement of our Services, Social Media Channels, or Pages. We recommend that you also review the Privacy Policies and your personal privacy settings for the social media platforms (such as Facebook, Instagram, Snap, TikTok, etc.) where our Channels and Pages appear (the “Social Media Platforms”) and where your comments are posted and shared, to ensure that those Privacy Policies and your personal privacy settings accurately reflect your consent for the use of any Personal Data.
Special Category Data
From time to time, we may perform a targeted audience survey (“Audience Survey”) on our Social Media Channels for our United States audience only in order to collect statistical data. Such an Audience Survey may include demographic Personal Data (such as information about age, gender, ethnic origin, marital status or household income) (“Special Category Data”). We will not collect Special Category Data in any Audience Survey without your consent. If we collect Special Category Data, we will not share it with or sell it to any Third Party for business or any other reasons.

USE OF COOKIES TO PERSONALIZE USER EXPERIENCE
Cookies
We are using non-tracer Cookies, which are a small amount of data generated by a website and saved by your web browser, the purpose of which is to remember information without identifying each internet user that visits a website (“User”). These Cookies are used to record User browsing information on the Site. We only use Cookies to record the choices of each User on the Site, to monitor the channels of the Site, to recall the choices made by the Users, and to monitor “likes” of videos.
Browsers and devices have tools that allow you to disable Cookies on websites. We remind you that if you disable Cookies, you may not be able to access all the features of our Site. We suggest that you keep our essential Cookies active for a better user experience and to help us keep improving and developing our Services.
Google Analytics Cookies
We are using Google Analytics to collect and process Usage Data on our Site and improve the performance of our Services. On our behalf, Google will use this information to evaluate your use of the Site, to compile reports on Site activity and to provide us with other services relating to the Site and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.
To learn more about Google Analytics and how to opt out, please visit https://policies.google.com/technologies/partner-sites. You may be able to change browser settings to block and delete Cookies when you access the Services through a web browser. However, if you do that, the Services may not work properly.

THIRD-PARTY
Third Party Transfer
As the data controller, if we receive any Personal Data, we will process it only within Jellysmack’s own legal entities in order to operate our business and provide you the best Services, and in accordance with applicable data protection laws. We will not disclose to third parties any information and Personal Data you provide to us. Any Personal Data provided to Jellysmack may only be used exclusively by our internal services, and will not under any circumstances be transferred or sold to any third parties. Your Personal Data may only be shared with third parties in the following situations, in accordance with applicable data protection laws.
- Disclosure for internal business operations reasons. Your information and Personal Data may, if necessary, be transmitted to third party subcontractors involved in the provision of our Services, such as technical and hosting service providers, customer follow-up and satisfaction surveys (such as Nielsen proprietary measurement software), and data security incident management. Jellysmack will only communicate your information and Personal Data to authorized and trusted service providers, who process them on our behalf, according to our instructions, and in compliance with this Privacy Policy and any other applicable data security and data privacy laws and regulations.
- Disclosure for legal and statutory reasons. Your information and Personal Data may be disclosed to a third party if Jellysmack is required to do so by law, regulation, or court order, or if such disclosure is compelled or necessary for the purposes of an investigation, injunction or judicial proceeding, within or outside the United States.
- Merger and company sale. In the event of any merger, company sale or other company asset transfers, or acquisition of all or a portion of Jellysmack by another third-party Company, your information may be disclosed in connection with the negotiations of such transaction, solely as permitted by law and/or contract.
- Aggregated or anonymized information: We may share information or Usage Data that cannot identify you. As an example, we may share aggregated or anonymized information with our Ad Partners to understand how our audience use our Services and improve its. We will not share any Personal Data with our Ad Partners.
Third Party Site
Our Site may also include links to external Third-Party websites and Social Media Platforms (“Third-Party Sites”). By clicking on those links, you accept and agree that you may allow Third Parties to collect or share your Data.
Jellysmack is not responsible for Third-Party Sites, and each of them have their own Privacy Policies that may present less protection for your Personal Data than Jellysmack’s Privacy Policy set forth herein. These Third-Party Sites may collect information about you through the use of their own Cookies and other informatic tools (Third-Party Widgets, Web Beacons, etc.). We advise you to read their Privacy Policies carefully to check that your Personal Data are well protected. Jellysmack will not be responsible for any liability or damages resulting from your use of any Third-Party Sites.
We receive aggregated statistical information about the performance of our posts and promoted content, such as numbers of views and types of viewers from the Social Media Platforms. This data is aggregated and anonymized by the Social Media Platforms before it is made available to us.
We also use the paid advertising and paid content tools provided by the Social Media Platforms to help us carry out advertising campaigns for our Ad partners and to promote our content on the Social Media Platforms. With your consent, our Social Media Channels display advertisements to you via targeted advertising methods and tailored to your individual interest. As a reminder, we only receive aggregated statistical information about interactions with our ads and paid content (such as number of views, number of times shared, etc.) from the Social Media Platforms. We process information provided to us by the Social Media Platforms on the basis of our legitimate interest in interacting with our audience on social media and using social media to promote our content.
For more information about the purpose and scope of data collection and processing in connection with social sharing features or your use of the Social Media Platforms, please visit their respective Privacy Policies.
Data Hosting Location
All Personal Data collected is hosted in the United States, in Oregon, in compliance with this Privacy Policy and applicable data security and data privacy laws and regulations.
Jellysmack uses the services of the Amazon as a third-party hosting partner for data storage. By using the Services, you authorize Jellysmack to transfer, store, and use your information in the United States and where we operate. In the event your data is disclosed to any contracted third-party data processors, it will be subject at least at the same level of data protection as provided by Jellysmack itself, as detailed in this Privacy Policy. For all the European Union or United Kingdom Users where the General Data Protection Regulation (hereafter the “GDPR”) or the United Kingdom General Data Protection Regulation, (hereafter the “UK-GDPR”) applies, please refer to Section 9 (Notice to European Union and United Kingdom Users of Services) of this Privacy Policy.
Safety Measures
We will secure any Personal Data, and have taken all precautions and technical and physical safeguards, necessary to comply with this Privacy Policy and any other applicable data security and data privacy laws and regulations. We have also taken all precautions and implemented safeguards necessary to preserve the security and confidentiality of Personal Data by our hosting contractors, and in particular to prevent any Personal Data from being lost, distorted, damaged, or disclosed to unauthorized persons. We limit access to your Personal Data only to employees or technical service providers who reasonably need to come into contact with that Personal Data to provide Services to you or Jellysmack.
Jellysmack will use our best efforts to maintain sufficient level of data security and safety, in compliance with this Privacy Policy and any other applicable data security and data privacy laws and regulations, but we cannot guarantee that these safety measures will never be defeated or breached by third parties. Jellysmack also uses encryption (HTTPS/TLS) to protect data transmitted to and from our Site. However, no data transmission over the Internet is fully secure, so Jellysmack cannot guarantee the total and complete security of Personal Data transmitted in this way.

RETENTION PERIOD OF PERSONAL DATA
If we receive any Personal Data, we will retain it for a period of time depending on several factors such as the amount, the nature, the sensitivity, the potential risk of harm from unauthorized use or disclosure, as well as the purposes of processing your Personal Data, the possibility to do it through other means, and any legal requirements (such as the requirement of legal destruction). Jellysmack will securely destroy your Personal Data once there is no longer needed to keep it, in accordance with applicable laws and regulations. In the event you specifically request Jellysmack to delete your Personal Data, we will comply with your deletion request as soon as reasonably practicable in accordance with applicable legal and regulatory requirements. Once we have deleted Personal Data, while it will be deleted from our active database it may remain in our archives for some time, in compliance with applicable laws and regulations.

CHILDREN’S PRIVACY
Jellysmack is highly sensitive to the privacy of young children under sixteen (16) years old. Therefore, Jellysmack will not collect Personal Data from them. If Jellysmack or its employees become aware that Personal Data from a child under sixteen (16) has been collected or received, we will promptly delete all such Personal Data collected or provided to us.

NOTICE TO EUROPEAN UNION AND UNITED KINGDOM USERS OF SERVICES
We implement sufficient technical and operational safeguards to properly protect your Personal Data when it is transferred From European Union to the United States. These safeguards are set forth in internal policies that include European Union approved standard contractual clauses. For more information about our data transfer safeguards, please send a request to compliance@jellysmack.com.
Any European or United Kingdom User of our Services does so under the respective laws and regulations of the GDPR or the UK-GDPR. As such we are giving you the justification of all our collection of personal data forms.
Please see the European Commission “Rights for citizens” for additional information, located here: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en

Processing of Personal Data Carried Out by JELLYSMACK
(Applicable to all Users of the Site and Social Media Channels)

What categories of personal data do we collect for this purpose?

Why are we collecting your data?

What is the legal basis for collecting your personal data for such purpose?

Name, surname, email, phone number

To provide Users with support and contact when they write directly on our collect form in the Site to get in touch or to work with us

Contract performance

 

Data that directly or indirectly identify you or another Data Subject when you provide it, on your own initiative, in comments sections of our Social Media Channels and Pages (such as your name or the one of another Data Subject, your social media pseudonym or the one of another Data Subject, etc.)

Create metrics and statistical audience segments from your comments on our Social Media Channels or Pages

Contract performance

Data that directly identifies you (such as your name, email address, etc.)

Comply with applicable laws, regulations as well as regulatory processes

Compliance with a legal obligation



As a European or United Kingdom Citizen, you dispose of the right to file complaint with a European Union supervisory authority, (or the Information Commissioner's Office (ICO) if you are resident of the United Kingdom), in the event you have reasonable doubt that we are not processing your Personal Data in compliance with applicable law and GDPR, or UK-GDPR.
In such a case, we are asking you to contact us first by sending an email at compliance at jellysmack dot com and we will make our best efforts to reply promptly.

CHANGES TO THIS PRIVACY POLICY
We’re likely to update this Privacy Policy in the future. When we make changes, we will revise the date at the top of the Privacy Policy and, in some cases, will notify you through our Site such as on our homepage. Please come back and check from time to time for the latest information on our privacy practices.

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