Launchmetrics Spotlight Privacy Policy


Effective as of August 12, 2022


This privacy policy(“User Policy“) describes the policies and procedures of Launchmetrics Spotlight on the collection, use and disclosure of your information as a user of the services, features, content or applications we offer (each a “Service“). It also explains the choices you have with respect to the information collected.


Launchmetrics Spotlight provides visual fashion and beauty content in high quality and digital publishing solutions to editors and brands, ready to be downloaded and used for editorial purposes.


When we refer to Launchmetrics (collectively referred to as “we“, “us“, or “our“), we mean Fashion Tree S.r.l. as part of the Launchmetrics Group with registered offices at Via Solari 11, 20144 Milan, Italy, Vat. No. 07535290964, that acts as the Controller or Processor pursuant to the EU General Data Protection Regulation 2016/679 (“GDPR”) (or Business and Service Provider under the California Consumer Protection Act - “CCPA”) of your personal data, or personal information (“Personal Data” or “Personal Information”)  within Launchmetrics Spotlight. Any term indicated in capital letters shall have the meaning attributed to it within the GDPR or in the CCPA, or otherwise provided hereto.


When we refer to users (“Users“, “Registered Users“ or “you“) we mean all individuals who access and use Launchmetrics Spotlight and have a login, including those users granted access to Launchmetrics Spotlight via their employer or another company (“Customer“). 


We receive information about you from various sources, including: (i) if you register for the Service, through your User account on Launchmetrics Spotlight (your “Account“),  (ii) your use of the Services and Launchmetrics Spotlight generally; and (iii) from third party websites and services. When you use Launchmetrics Spotlight, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your Personal Information as described in this User Policy. 


As a general principle, please consider that the all the Processing of the Personal Data carried out by Launchmetrics for the purposes described herein is made in compliance with the applicable data protection laws (“Applicable Data Protection Laws” - including but not limited to GDPR and CCPA), and is based on the principles of lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and accountability.


Please read this statement carefully to understand our policies and practices regarding your Personal Information and how we will treat it, and in case of doubts or questions please feel free to contact us at dpo@launchmetrics.com


What Does This User Policy Cover?

This User Policy covers the processing of Personal Data gathered when you are using or accessing Launchmetrics Spotlight. This User Policy also covers our Processing operations concerning any Personal Information that our business partners (third parties like usage tracking tools, communicating tools and feature improvement tools of the Service and Launchmetrics Spotlight) share with us or that we share with our business partners.


This User Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through a specific Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.


In addition, a separate agreement governs delivery, access and use of the Services (the “Service Provider Agreement“) as well as a data processing agreement governs the processing of customer data (data related to the Service Provider Agreement, “Customer Data“) that We may receive from our Customer for the purpose of providing the Services. 


What Information Do We Collect and Receive?

The information we gather enables us to provide, personalize, improve and continue to operate I Launchmetrics Spotlight. In connection with certain aspects of Launchmetrics Spotlight, we may request, collect and/or display some of your Personal Information. We collect and receive Personal Information and other information in different ways:


You acknowledge that this information may be personal to you, and by creating an Account on Launchmetrics Spotlight and providing Personal Information to us, you allow others, including us, to identify you. The Personal Information that you provide through your Account  are completely isolated from the ones of other Users Accounts. Only different Users of the same Customer account will have access to each other's information. An Account can either be created by us or a User on your end, for this you will provide us information that could be Personal Information, such as your:


Launchmetrics also collects, generates and/or receives other information, including:


How Do We Use The Information Collected?

Customer or User Data will be used by Launchmetrics in accordance with Customer or User instructions, including any applicable terms in the Service Provider Agreement, the General Terms of Use, and User's use of Launchmetrics Spotlight and various Services functionalities, and in any case in compliance with the applicable laws.


Under the Applicable Data Protection Laws, we can only use your Personal Information if we have a proper reason for doing so, e.g.:


Against this backdrop, please make reference to the table below explaining what we use (process) your Personal Information for and our reasons for doing so:


What we use your Personal Information for


Our reasons


Creation of the User’s Account and Provision of the Services. Provide Users with our Services, facilitate interaction within the Services, and personalize Users experience.


To create your User's Account we will need your consent.


For the performance of our contract with our Customer or to take steps at Customer’s request before entering into a contract.


Communicate with our Users. Respond to User support requests while using Launchmetrics Spotlight, keep track of a reliable User point of contact among Customer Accounts and obtain information as soon as a contact is leaving. We may also use User Account Information to send operational information about Launchmetrics Spotlight to Users. We reserve the right to contact Users but only when we believe it is necessary, such as for account recovery, downtimes or security purposes. If you do not want to be contacted for such a purpose, please email your spotlight@launchmetrics.com.  Although we offer inside Launchmetrics Spotlight several interfaces that might expose Users’ IP address - such as the activity history, we will not directly reveal User’s email addresses to external users (i.e. users not belonging to your company).


For the performance of our contract with you or to take steps at your request before entering into a contract.


To comply with our legal and regulatory obligations.


For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about their Services.


Improve our Services and measure performance. Understand and keep improving our product in terms of usage information, such as the number and frequency of visitors to Launchmetrics Spotlight features, scope and security needs. We may use this data in aggregate form, that is, as a statistical measure, but without an explicit consent we will not process those data in a manner that would identify Users personally. In addition, third parties may share with us non-private, aggregated or otherwise non Personal Information about our Users that they have independently developed or acquired. We do not permit our third-party service providers to use the Personal Information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us. These providers do not collect any Personal Information or store IP addresses locally on their websites.


For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you.


Security and Fraud Prevention. Detect or prevent fraud and spam/malware and security incidents, and unauthorised access to a User Account and provide information to Users regarding activity on their Account.


For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you.


Compliance. Satisfy any applicable law, regulation, legal process or public authorities or governmental request, and any other legal requirements, including complying with court orders, valid discovery requests or subpoenas, and other appropriate legal mechanisms.


To comply with our legal and regulatory obligations.


Enforcement. Enforce this User Policy and other legal terms and policies, including investigation of potential violations.


To comply with our legal and regulatory obligations


For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you.


Operate our Business. Provide information to our trusted agents and partners (“Agents”), including attorneys and accountants and other persons with whom we conduct business, and as otherwise specified in this User Policy, to help us comply with legal, accounting, or security requirements based on our legitimate interests. Unless we tell our Users differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. Users hereby consent to our sharing of Personal Information with our Agents.


To comply with our legal and regulatory obligations


For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you.


Disclosure Pursuant to Business Transfers. If we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, User Information would be one of the assets that is transferred or acquired by a third party. Users acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use User Personal Information as set forth in this User Policy.


For our legitimate interests or those of a third party.


Information We Process With Your Consent. Except as set forth above, you will be notified when your Personal Information may be processed for a specific purpose not listed in this User Policy.


Where you have given consent.


Is Information About Me Secured?

We work hard to secure your Personal Information from unauthorized access to or unauthorized processing, alteration, disclosure or destruction of Personal Information we hold by taking appropriate Technical and Organizational Security Measures, having regard to the state of the technological development and the cost of implementing any measures where appropriate, for example, pseudonymisation and encryption of Personal Information.


Your Account Information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account.


We seek to protect Account Information to ensure that it is kept private; however, we cannot guarantee the security of any Account Information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.


We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.


Where it is likely that a breach results in a risk to the rights and freedoms of individuals, we will notify the competent privacy supervisory authority within 72 hours of becoming aware of it. This information can be provided in phases to facilitate fast and efficient reporting.


Where a breach is likely to result in a high risk to the rights and freedoms of individuals, we will notify those concerned directly with the following information:


The servers that store your Personal Information have appropriate administrative, technical, and physical controls that are designed to safeguard your Personal Information, including industry-standard encryption technology.


If you have any questions or concerns regarding security using Launchmetrics Spotlight, please send us a detailed message to security@launchmetrics.com. We will make every effort to answer your concerns.


How Long Do We Conserve Your Information?

Launchmetrics will retain User Data depending on the type of information, and the purpose for which it is used. In general, we will retain your Personal Information for the length of time reasonably needed to fulfill the purposes outlined in this User Policy (including for as long as needed to provide you with the Services), unless a longer retention period is required or permitted by the Applicable Data Protection Laws. And in any case in accordance with Users instructions and use of Services functionality.


We retain your Account Information for as long as your employer’s Account is active and thereafter unless your employer requests deletion of a particular User.


Who can access my Personal Information?


We might be required to disclose Users’ Personal Information in order to comply with the law, a judicial proceeding, court order, subpoena, or other legal process, or where it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or as evidence in litigation in which we are involved.


Moreover, in order to provide you the desired Service, User Personal Information might be shared with:


Without prejudice to the above, unless upon your specific consent or as otherwise required by Applicable Data Protection Laws, User’s Personal Data shall not be shared with any other organizations.


Notice for California Residents

The content of this section is aimed solely at providing California residents with relevant information under the CCPA, and may be subject to change. It must be construed in addition and not in lieu of the full User Policy.


The CCPA, which is effective as of January 1, 2020, regulates how we handle personal information of California residents and gives California residents certain rights with respect to their personal information.


When it provides the Services, Launchmetrics is both a “Business” and a “Service Provider” under the CCPA.


If you are a Launchmetrics customer, under the CCPA you are considered a “Business” and Launchmetrics is the “Service Provider”– in most cases. As such, we are responsible for processing the Personal Information our Service captures on your Account and is stored on our servers.


Although we do not sell personal information in exchange for any monetary consideration, the CCPA defines a sale in a way that may include allowing third parties to receive certain combined Personal Information such as, depending on how you use the Services, when we are sharing device information (such as browser type and version, operating system, preference settings, unique device IDs and language and other regional settings) and identifiers (names, job titles, IP address, email address), commercial information (such as record of the Services purchased or demos requested), usage information and Internet activity such as browsing history (clicks, scrolling, browsing times and load times) or app usage, cookie information and customer feedback with website analytics companies and providers of customer relationship management, consulting, email, product feedback services and security and other operations vendors.


We do share Personal Information as necessary for certain business purposes, as defined by the CCPA (Cal. Civ. Code 1798.140(d)) and as described above and in the section “How Do We Use the Data Collected?” of this User Policy.


California residents may opt out of the sale of their Personal Information. While Launchemtrics does not sell personal information in exchange for any monetary consideration, we do share personal information for other benefits that could be deemed a “sale,” as defined by the CCPA. We wish to provide you with control over how your Personal Information is collected and shared. If you would like to opt out of Launchmetrics’ use of your Personal Information for such purposes (when considered as a sale), you may do so within the Services.


Additional disclosure:


In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer:


Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 115 E 23rd Street, Floor 4, Suite 420, New York, NY 10010, USA. The request should attest to the fact that you are a California resident, and provide a current California address.


If you have additional questions about this section or how to exercise your rights under the CCPA, please contact us at dpo@launchmetrics.com. The CCPA allows California consumers to designate an authorized agent to exercise their rights under CCPA. If we receive a request from an agent, then we have the right to verify that you indeed want to take the action requested by the agent and will do so by contacting you directly.


Notice for Users located in the People’s Republic of China

The content of this section is intended exclusively for the benefit of Users who are accessing Launchmetrics Spotlight from the People’s Republic of China (“China”), and it must be construed in addition and not in lieu of the full Privacy Policy.


In particular, the purpose of this section is to inform Users accessing Launchmetrics Spotlight in China (“Chinese Users”) that for the purposes indicated in section “Why We Collect Personal Data and Lawful Basis to Do So”, we might transfer Chinese Users’ Personal Data outside China. Provided that, we will consider to have received Chinese Users explicit consent to the data transfer upon registration of User’s Account.


For the sake of clarity, Chinese Users’ Personal Data might be transferred among the companies belonging to the Launchmetrics Group, as well as to its service provider, for the purposes indicated above. We will not sell any Chinese Users Personal Data to third parties. Any Chinese Users wishing to know which entities received their Personal Data, can contact Launchmetrics at dpo@launchmetrics.com.     


What Happens When There are International Data Transfers?

We are part of a global organization, the Launchmetrics Group, and we engage providers and suppliers around the globe. As such, we may share and transfer information about you to countries in the world where we do business in connection with the uses identified above and in accordance with this Policy. 


In light of the above, we commit to comply with any legal requirements provided under any Applicable Data Protection Laws to process and to transfer Personal Information to third countries, in particular with:


Your Rights under the Applicable Data Protection Laws

Pursuant to the Applicable Data Protection Laws, you have a number of rights concerning the Personal Data that We hold about you . You can exercise any of these rights, by using the contact details set out below:


Where you wish to exercise their rights in the context of one or several specific processing operations, please provide their description in the requests. Your requests will be handled within a maximum of 30 (thirty) working days.


We will maintain complete and accurate records and information to demonstrate our compliance with our obligations under this Privacy Policy and also for audits conducted by you or on your behalf.


How do I Review or Change my Personal Information?

If you would like to review or change your Personal Information, we will deal promptly and appropriately with any inquiries unless we have to keep that information for legitimate business or legal purposes. However, if your requests are deemed to be excessive or complex a small fee may be charged and a time-period extension may apply.


You can contact us at: dpo@launchmetrics.com or you can reach out to support@launchmetrics.com.


How Can I Delete My Account?

Should you ever decide to delete your Account, you may do so by emailing support@launchmetrics.com or dpo@launchmetrics.com. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account.


Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion may remain stored by us for the period of time needed for us to conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.


What Happens When There Are Changes to this User Policy?

Although most changes are likely to be minor, we will occasionally update this User Policy to reflect user and customer feedback about Launchmetrics Spotlight changes and clarifications will take effect immediately upon their posting. We encourage you to periodically review this User Policy and associated Notices to be informed of how we are protecting your information and check for any changes. We have the sole discretion to modify this User Policy and the Notices. If we make changes that materially alter your privacy rights, we will provide additional notice, such as via email or through the Services or the homepage of Launchmetrics Spotlight.


How to contact us?

If you have any questions or comments regarding this User Policy or our privacy practices using Launchmetrics Spotlight please send us a detailed message to dpo@launchmetrics.com. We will make every effort to resolve your concerns. You may also contact us by postal mail or email at: 


Launchmetrics - Privacy


Via Brera 17,


20121, Milan, Italy


Launchmetrics Services

If you use the Launchmetrics Services, the following privacy policy provides additional information about the Launchmetrics Cloud.


English Version Controls


 


Non-English translations of this Privacy Policy are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.