Legal

Terms and Conditions

1. INTRODUCTION AND APPLICATION

1.1. Creed Media Group, reg. no 559164-7499 (“CREED”, “we”, “us” or “our”) is a modern-day communications group focusing on digital content and marketing. CREED, among other things, carries out promotional campaigns for its clients on social media platforms such as Instagram, Facebook, YouTube, TikTok etc. (referred to as “Campaigns” and “Platforms” respectively).

1.2. These general terms and conditions (the “General Terms”) shall apply between CREED and you (the “Talent” or “you”) in connection with your acceptance to be bound by these General Terms thus entering into a business and legal relationship with CREED, pursuant to which the Talent, on a non-exclusive, non-employee basis, is to perform social media services, including creating and publishing social media content (“Content”) via the Talent’s social media accounts on certain Platforms (the “Accounts”) in paid partnership with CREED’s clients (together the “Services”). CREED and you are herein collectively referred to as the “Parties”.

1.3. Talent understands and acknowledges that these General Terms are a valid and binding legal document which affects the Talents legal and financial interests. The Talent acknowledges and agrees that the Talent has been represented by independent counsel or has had the unrestricted opportunity to be represented by independent legal counsel of the Talents own choice for purposes of advising the Talent prior to accepting these General Terms. You accept these General Terms by ticking a box in connection with filling out CREED’s “Talent Partnership Form”. By accepting the General Terms, you hereby agree to be bound by and to comply with the terms and conditions herein as well as any instructions issued by CREED from time to time in relation to the Services.

1.4. In the event the Talent is a minor (i.e. under 18 years old or any other relevant age restriction in another jurisdiction where the Talent is a citizen) or otherwise under guardianship, the conclusion of these General Terms is subject to the Talent’s parent(s) or legal guardian(s) giving his/her/their written approval thereto.

1.5. These General Terms, together with any specific terms set out in a Campaign Brief (as defined in Section 3.1 below), constitutes the entire agreement and understanding between the Parties relating to the subject matter herein. For the avoidance of doubt, any reference to these “General Terms” shall further include each and every Campaign Brief delivered to you by CREED. In the event of any conflict between the General Terms and any separate terms set out in a Campaign Brief, the terms of the Campaign Brief shall prevail.

2. CRITERIA FOR TALENT

2.1. To become and stay a Talent for CREED, the Talent must at any given time meet the following criteria and must continue to meet these criteria until termination of these General Terms in accordance with Section 14 below:

(I) Be at least 18 years old;

(II) Have an active and engaged social media profile on the Platforms as indicated by CREED; and

(III) Have a social media profile that is aligned with CREED’s values.

3. DELIVERABLES

3.1. Talent shall create Content based on briefs delivered by CREED for each individual Campaign that the Talent participates in (the “Campaign Briefs”).

3.2. Any and all images and/or videos constituting Content shall be edited to reflect the Campaign Brief and be in good, representative quality as may be expected from a qualified and competent influencer before published.

4. POSTING OF CONTENT

4.1. Talent shall post the Content created on the Accounts and Platforms specified in each Campaign Brief and otherwise in accordance with any additional instructions in each Campaign Brief. Furthermore, the Talent undertakes at all times to abide by the rules of the relevant Platform.

4.2. All Content as well as any comments etc. on Platforms should be in good taste and free of inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.

4.3. All posts on the Platforms by the Talent regarding the Campaign shall include a description to convey it is a sponsored post.

4.4. Further, the Talent agrees that:

(I) CREED must approve all Content before the Talent may publish the Content on the agreed Platforms. CREED may withhold approval in its absolute discretion;

(II) once Content has been approved by CREED, the Talent may publish the Content on the agreed Platforms without delay, however not later than 24 hours after the Content has been approved unless otherwise agreed between the Parties;

(III) the Talent may not edit, modify or in any other way alter the Content after CREED has approved the Content unless CREED instructs otherwise;

(IV) the Talent is solely responsible for the publication of the Content;

(V) after Content has been published, the Talent will not publish any other content of whatever kind it may be where the effect of publishing such additional content would be to reduce the prominence of the Content. Content posted must stay on the top of your feed for minimum (i) twenty-four (24) hours with regard to other content created in connection with any paid partnerships and (ii) six (6) hours with regard to any content created by the Talent that was not created in connection with any paid partnerships;

(VI) CREED has the right at any time to moderate any Content after publication and the Talent will immediately make any reasonable modification or amendment requested by CREED; and

(VII) CREED has the right at any time to request that the relevant Content will be removed, and the Talent will comply with such a request immediately upon receipt of such notification.

5. OWNERSHIP AND USE OF THE CONTENT

5.1. All ownership, title and interest in and to the Content created by the Talent hereunder, including any intellectual property rights in such Content, whether registered or not, shall be the sole property of the Talent.

5.2. Notwithstanding the aforesaid in Section 5.1 above, Talent hereby grants to CREED an exclusive, irrevocable, worldwide, sub-licensable, royalty-free license to, use, copy, reproduce, publicly display and perform, transmit, sell, create derivative works of, modify, and otherwise distribute the Content to CREED’s clients. The license pursuant to this Section 5.2 shall be valid for a period of sixty (60) days from the date of CREED’s approval of the Content created by the Talent for each Campaign in accordance with Section 4.4 above.

5.3. CREED shall accord the Talent credit in connection with its use of the Content during a Campaign. However, any inadvertent failure to accord Talent such credit shall not be deemed a breach of these General Terms.

6. REMUNERATION

6.1. In consideration of the Talent’s performance of the Services hereunder, CREED shall pay to the Talent a fee stated in the Campaign Brief for each Campaign and the fee will be paid in connection with the Content being posted on the Talent’s Accounts as agreed by the Parties. Payment details of Talent shall be entered by Talent in CREED’s “Talent Partnership Form” and Talent is solely responsible for the accuracy of such payment details.

6.2. No late payment penalties, charges or fees shall be applied.

6.3. Talent is solely responsible for any and all taxes, fees and/or other charges payable due to these General Terms and the fees paid to the Talent for the Services.

7. DATA PROTECTION

7.1 CREED processes personal data in accordance with the General Data Protection Regulation, GDPR, and in accordance with our applicable Privacy Policy which is available here. By accepting these General Terms, you consent to such processing and you warrant that all data provided by you is accurate and complete.

8. HONESTY

8.1. Talent shall not misrepresent the size of its audience or its numbers of followers or engagement. Followers must be obtained organically and not through unethical behaviour such as (but not limited to), purchasing followers, likes or engagement.

8.2. In the event that CREED in its sole discretion suspects that the Talent is not complying with the requirement set out in Section 8.1 above, CREED reserves the right to immediately terminate these General Terms with the Talent.

9. SPECIFIC OBLIGATIONS OF THE TALENT

Talent acknowledges and agrees:

(I) to comply with all legal requirements in connection with its obligations under these General Terms; and

(II) not to use any of the Content in any manner or for any purpose in violation of these General Terms.

10. REPRESENTATION AND WARRANTIES

Talent represents and warrants to CREED that:

(I) it is at least 18 years old;

(II) it has the legal right and power to enter into these General Terms;

(III) the Content will not infringe any intellectual property rights or any other rights of any third party; and

(IV) the Content is not defamatory, libellous, slanderous, obscene or likely to cause offence.

11. CONFIDENTIALITY


11.1. Talent agrees, without limitation in time, not to reveal to third parties any confidential information, which the Talent obtains from CREED, or which arises during the performance of the Services under these General Terms. Confidential information shall mean any item of information – technical, commercial or of any other nature – regardless of whether or not such information has been documented, with the exception of information, which is generally known, or which becomes a matter of general knowledge in a manner other than through the Talent’s breach of these General Terms.

12. INDEMNITIES AND LIMITATION OF LIABILITY

12.1. Talent shall indemnify, defend and hold harmless CREED and their respective owners, directors, officers, employees, agents and representatives from any and all claims, demands, suits, liability, damages, loss, fees, costs (including reasonable attorney’s fees) and other expenses resulting from or arising out of (i) the Talent’s breach of these General Terms and (ii) any proven or alleged infringement of third party intellectual property rights by Content created by the Talent.

13. FORCE MAJEURE

13.1. Neither Party shall be liable for any loss, delay or failure in performance of any part of these Terms to the extent that such loss, delay or failure is caused by any event or circumstance that is beyond such Party’s reasonable control.

14. TERM AND TERMINATION

14.1. These General Terms shall enter into force when  accepted by the Talent in accordance with Section 1.3 above, and shall remain in force until further notice with a mutual notice period of one (1) month beginning upon receipt by a Party of a written notice from the other Party.

14.2. Furthermore, CREED may terminate these General Terms without prior notice if the other Party (i) breaches and material term or condition of these General Terms or any applicable law and/or regulation in relation to the Services or (ii) becomes insolvent or declare bankruptcy.

14.3. In the event of termination of these General Terms, Sections 5 (Ownership and Use of the Content), 7 (Data Protection), 11 (Confidentiality), 12 (Indemnities and Limitation of Liability) and 16 (Governing Law and Dispute Resolution) shall continue to be valid in accordance with what is stated therein after termination of these General Terms.

15. MISCELLANEOUS

15.1. Assignment Talent may not assign these General Terms or any rights or obligations herein, by operation of law or otherwise without prior written consent of CREED.

15.2. Amendments These General Terms as well as our Privacy Policy may be amended by us from time to time. The latest version will be distributed to you and your email address that you have provided us with.

15.3. Severability A determination that any provision of these General Terms are invalid or unenforceable shall not affect the validity or enforceability of any other provision hereof.

15.4. Legal relationship between the Parties Talent will act as an independent contractor under these General Terms, and nothing herein shall be construed as creating an employment relationship of any kind or a partnership as set out in the Swedish Partnership Act (Sw: lagen om handelsbolag och enkla bolag) between the Parties.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1. These General Terms and all issues in connection with them or with respect of the performance of the Services shall be governed by and construed in accordance with the substantive laws of Sweden, without respect to conflict of law principles.

16.2. Any dispute, controversy or claim arising out of or in connection with these General Terms, or the breach, termination or invalidity thereof, or regarding our Services, shall be finally settled by arbitration in accordance with the Rules of Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. Unless otherwise agreed between us, the language to be used in the arbitral proceedings shall be Swedish or English and the award shall be confidential.

Privacy Policy

How we respect your privacy

When you use our website, platform and services (“Services”) we work hard to protect your information. This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export, and delete your information.

To make our website and services work properly, we sometimes place small data files called cookies on your device. To find out more, please read our CookiePolicy.

This website and our Services are not directed toward children (as defined by local law) nor do we knowingly collect information from children (as defined by local law) without parental consent except where in compliance with applicable laws.

What personal data we collect and why

Persons we  collect data from

     
  • Our customers
  •  
  • Talent’s engaged by       us
  •  
  • Representative(s)       and/or employee(s) of a customer, business partner, potential customer,       potential business partner or talent
  •  
  • applies for a job or       enter a business or legal relationship with us
  •  
  • our employee(s)
  •  
  • persons affected by our services
  •  
  • persons receiving our       newsletters, other communication and/or attending our events.
  •  

Types of  personal data

     
  • Name
  •  
  • Email address
  •  
  • Address
  •  
  • Country
  •  
  • Username/handle on       social media platforms
  •  
  • [Relevant       for influencer talents only] visual       content depicting you, your image and likeness (“Visual Data”)
  •  
  • [Relevant       for influencer talents only] audio       content containing your voice and sounds (“Audio Data”)
  •  
  • [Relevant       for influencer talents only] audio-visual       content Visual Data and Audio Data (“Audio-Visual Data”)
  •  
  • Organisation for whom       you work
  •  
  • Professional title
  •  
  • Forms filled out on       the Service
  •  
  • Correspondence with       you by phone or email
  •  
  • Orders for campaigns       places
  •  
  • Your       interaction on the Services, such as participation in live chats or       other social media functions, sending and receiving messages with       others, and creating and sharing content
  •  
  • Reporting a problem
  •  
  • Requesting support
  •  
  • Technical       data, such as, IP address, login information, browser type and version,       time zone setting, browser plug-in types and versions, operating system       and platform
  •  
  • Data       about your visits on our website (clickstream, date, time etc)
  •  
  • Data       about page response times, download errors, length of visits to certain       pages, page interaction information (such as scrolling, clicks, and       mouse-overs), and methods used to browse away from the page
  •  
  • Information       about your devices, device identifiers, and from which devices you visit       our website and make use of the service, which may include mobile       network information (including phone number), IP address, language and       time zone, operating system, hardware version, device locations       (including country specific geographic locations)
  •  

Source,  purpose and legal basis

We collect information in different ways. Some  information is collected directly from you, such as your name and contact  information and, if you are an influencer talent, your Visual Data, Audio  Data and Audio-Visual Data recorded by you (or on your behalf) and submitted  to us. Other types of information are collected from you passively, via  tracking tools such as cookies. We also collect information about you from  third parties, such as social media services.

We use your personal  data for the following purposes:

1)      Providing our Services. We may use some or all of your personal data for the purpose of  administering and performing the agreement with you, for example creating  campaigns and making such campaigns available to the general public and  promoting third-party products and services;

2)      Promoting our Services. We may use your personal data, such as your name, email address and username/handle  on social media platforms, as well as Audio Data, Visual Data and  Audio-Visual Data for marketing purposes on the legal basis of the contract  entered into with you through our Services, and (as the case may be) on the  legal basis of our legitimate interest to promote our Services;

3)      Developing our  Services. We may use your personal data for internal research and service development purposes as  well as for historical reference on the legal basis of our legitimate  interest to develop our Services as well as to keep historical references to  see trends over time;

4)      Sharing data  with users of our Services and other third parties. We may share your personal data, such as (but not limited to) your  name, username/handle on social media platforms, email  address, Visual Data, Audio Data and Audio-Visual Data with the relevant third  party on the legal basis of the contract between you, us and the relevant  third party engaging you and us for the purpose of creating campaigns;

5)      Sharing data  with users of our Services and other third parties for direct marketing  purposes. We may share your personal data, such as  (but not limited to) your name, email address, Visual Data, Audio Data and  Audio-Visual Data with the relevant third party based on your consent; and

6)      Direct  marketing by us. We may use your personal data, such as  your name and email address, for direct marketing purposes in relation to campaigns  which are reasonably similar to other campaigns which you have been engaged  for and/or for which you have been considered, on the legal basis of our  legitimate interest to further our co-operation with you.

About our balance of interest assessment

When we state above that we rely on our legitimate interests as a legal basis for our processing of personal data, we have made a so-called legitimate interest assessment. That is a balance of interest assessment through which we have determined that our legitimate interests for the processing outweighs your interests and rights not to have your personal data processed. Please contact us if you want more information on how we have made this assessment.

Transfers of your personal data outside the European Economic Area

Our sharing of your personal datain accordance with this Privacy Policy may involve transferring your data outside the European Economic Area (EEA). Whenever we transfer your personaldata out of the EEA we ensure a similar degree of protection is afforded to it.As a safeguard, we use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. In addition to this, we will implement requirements and safeguards that may be required by law.

You may be entitled,in accordance with applicable law, to request a copy of relevant safeguardsimplemented. Please contact us at privacy@creedmedia.com  for any questions in this regard.

Who we share your personal data with

We may share your personal data with our affiliates and with selected third parties:

Affiliates:

Our affiliates and group companies

Service providers:

Zendesk Inc.

Business partners:

The  relevant third parties using our Services with respect to campaigns.

Third parties:

Any  tentative third-party buyer of our business or assets, in which case we may  disclose your personal data to the prospective seller or buyer of such  business or assets.

If all  or substantially all of our assets are acquired by a third party, in which  case personal data held by us about our customers will be one of the  transferred assets.

If we  are under a duty to disclose or share your personal data in order to comply  with any legal obligation, or in order to enforce or apply our terms of  use and other agreements; or to protect the rights, property, or safety  of us, our customers, or others. This includes exchanging information with  other companies and organisations for the purposes of fraud protection and  credit risk reduction.

To any  other third party where lawful.

How we keep your personal data safe

We protect your personal data from all kinds of threats: loss, alteration, unauthorized disclosure or access. We do this in a variety of ways depending on where we store and use it.

Occasionally, we might have to transfer your personal data to service providers and business partners located outside the European Economic Area. We do our best to keep your personal data safe in these cases. Please read section2 in this Privacy Policy on how we may transfer data outside of theEuropean Economic Area and the safeguards we apply.

How long we keep your personal data

We keep your personal data for as long as the personal data is relevant for use by us for the purposes as indicated in this Privacy Policy.

Please note that personal data that has been published online might be downloaded and shared by individuals. In such cases we do not control the source and will be unable to delete the personal data. We might also store your personal data longer than stated above if it is necessary because of legal requirements that we are subject to.

You may unsubscribe from our newsletters or similar communication at anytime. In such event we will no longer store or process your personal data for such purposes.

Your privacy rights

You have many rights regarding your personal data. Read more about them below. If you would like to exercise them or learn more about them, feel free to contact us. You can find contact details at the top and end of this Privacy Policy. Please note that some of the rights may not be applicable to you. These rights are not absolute, meaning that there are exceptions to some of the rights where we cannot proceed and fulfil your request.

Right of  access

You  have the right to obtain confirmation as to whether or not we process your  personal data, and, if we do, request access to your personal data as well as  information in relation to our processing. If you have any questions or would  like to learn more about what personal data we process, you are always  welcome to contact us and we will provide you with further information

Right to  rectification

If you  believe we store incorrect personal data, such as misspelt or previous name  or address, you can ask us to correct this

Right to  erasure / right to be forgotten

You  have the right to request that we permanently erase your personal data from  our records.

Right to  restrict the processing activities

You  have the right to restrict our processing activities in certain situations.  This means we will continue to store your personal data, but we will temporarily  stop any other processing. Why would you want to do this? For example, if you  have asked us to fix incorrect personal data. In this situation you may want  us to stop processing until the personal data is correct.

Right to data  portability

In  certain situations, you have the right to ask us to send your personal data  in digital form to you or directly to another controller.

Right to  object

You  have the right to object to the processing of your personal data, even when  we have a legitimate legal reason to process it. You can do this when we  process your personal data on the basis of our legitimate interest, and you  believe your personal interest outweighs ours. If you do not want us using  your personal data for direct marketing purposes, including profiling, we  will comply in any case.

Right to  withdraw consent

In  case the processing of your personal data is based on your consent, you have  the right to withdraw your consent at any time, without affecting the  lawfulness of processing based on consent before this withdrawal. Please note  that all aspects of an initiated marketing campaign cannot be stopped once  initiated upon a withdrawal of consent.

Right to lodge  a complaint with a supervisory authority

If you  are not satisfied with the way we treat your personal data, you have the  right to lodge a complaint against us to the relevant supervisory authority.

Links to third-party websites and social mediaservices

Our communication may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. We do not accept responsibility or liability for these third-party sites.

Some of the content and functionality on our website may be provided bysocial media services that are not affiliated with us. These services will authenticate your identity and provide you the option to share certain personaldata with us.

Changes to this Privacy Policy

Any material changes that we make to this Privacy Policy will be posted here prior to the changes becoming effective.

Who to contact

If you have any questions about this Privacy Policy or our processing of personal data, feel free to contact us at privacy@creedmedia.com.  

Cookie Policy

1. Our use of cookies and tracking technologies

This website does not use cookies or other similar technologies (as described below)when you browse or use our services. However, if you initiate a support requestor ask for help in connection with our services, a cookie may be used to ensure that your matter is resolved and that you have a pleasant user journey going forward.

A cookie is a small file of letters and numbers that we store on your browser or on your device if you agree. Cookies contain information that is transferred to your device.

We use these technologies for the purpose of distinguishing you from other users of our website and services. This helps us provide you with a good experience when you visit our website. We also use these technologies to improve our website, identify you and protect your safety.

2. Types of cookies that we may use

 

Type of  Cookie

Functionality

Purpose of  Cookie

These  cookies assist us with ensuring that you receive assistance with any support  requests that you may have during you user journey on our website. These  cookies remember choices you make, for example the country you visit our  website from, your language and any changes you have made to text size or  other parts of web pages that you can customise, in order to improve your  experience of our website and to make your visits more enjoyable. The  information these cookies collect may be anonymised and cannot be used to track your browsing activity on other websites.

Please note that third parties (including, for example, external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies.

We may use cookies to collect anonymised data on our visitors’ behaviour on the website. We may capture what website a visitor to our website has come from and what website they go to afterwards. We may also capture demographic data (e.g.the visitor’s location) and we may use that data to analyse visitor behaviour across websites.

Almost all internet browsers are automatically set up to accept cookies. If you want to refuse or delete any cookies (or similar technologies), please refer to the help and support area on your internet browser for instructions on how to block or delete cookies. Limiting, blocking or deleting cookies may impact your user experience of our website, including access to certain personalised features.