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.
3.1. 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.
6.1. 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
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.
11.1. 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.
15.1. 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.
15.3. 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.
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What personal data we collect and why
Persons we collect data from
Types of personal data
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
You may be entitled,in accordance with applicable law, to request a copy of relevant safeguardsimplemented. Please contact us at firstname.lastname@example.org 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:
Our affiliates and group companies
The relevant third parties using our Services with respect to campaigns.
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.
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.
How long we keep your personal data
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
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.
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