Information collection and processing
In the course of using our Site and service (together, the “Service”) we ask you to provide us with certain personal information. The personal information that we collect, process and file, inter alia, is:
Your contact information; e.g. your name, company name, email address, postal address and phone number.
Information regarding the use of our service. From Clients, information related to jobs posted via the Service (e.g., budget, location, history of job listings, timing of job performance and feedback/rating information). From Contractors, information in connection with their Contractor profiles (e.g., information on jobs previously performed skills, tests taken, hourly pay rates and feedback/rating information). This information may be used to solve possible disputes between users or 5thBrand and users.
Your email address used to login to your PayPal account or other financial accounts when using the Service to make or receive payments. We use PayPal, SafeCharge and possibly other services, and they may also collect and process personal information, such as Credit Card information. We encourage you to read the privacy policies or statements of these services.
Feedback from users about their experience with other users of the Service. Please note that any feedback you provide will be publicly viewable via the Service.
Use of personal information
We use your personal information to provide the Service, complete your transactions, and administer your inquiries. We only use your personal information to contact you with 5thBrand newsletters, marketing or promotional materials if you have given us your prior consent or if it is otherwise permitted under applicable law. If you decide at any time that you no longer wish to receive such communications from us please use the subscription management options provided in any of the communications, and, if you have a 5thBrand account, you can manage your preferences in our Communications Preferences Centre. We may also use general information from your use of our service for statistical analysis and product development.
The legal basis for processing of your personal data is performance of a contract with you, cf. General Data Protection Regulation (“GDPR”), article 6 (1) (b), or our legitimate interests, such as administering your inquiries in an appropriate way and due time, cf. GDPR, article 6 (1) (f).
You can create a profile if you choose to use our Service as a Contractor. This profile will be publicly viewable via the Service and your personal data will be available to the relevant parties. The processing of your personal data is based on our legitimate interests in relation to the Service, the cf. GDPR, article 6 (1) (f). You may edit your Contractor profile via your account.
As a Client you may choose to post a job/task listing via the Service. The contents of such job/task listing will be viewable via the Service. At the time of creating a job/task listing via the Service, you may select whether to make jobs/tasks publicly viewable via the Service or to edit privacy settings related to the job. If you choose to apply for a job/task as a Contractor via the Service, we will share the applicable Client information related to your application, including, but not limited to, the information contained in your Contractor profile. Such processing is also based on our legitimate interests, cf. GDPR, article 6 (1) (f).
Aggregate information and non-identifying information
We may share aggregated information that does not include personal information and we may disclose non-identifying information with third parties for industry analysis, demographic profiling and other purposes.
Compliance with Laws and Law Enforcement
We will only disclose information about you to government or law enforcement officials or private parties if we are obliged to do it, e.g. due to a legal obligation, cf. GDPR, article 6 (1) (c), or believe it necessary in order to pursue our legitimate interests, such as responding to claims and legal process, protecting the property and rights of 5thBrand or a third party, protecting the safety of the public or any person, or preventing or stopping activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity, cf. GDPR, article 6 (1) (f).
Ratings and feedback
5thBrand provides a rating and feedback system where Clients can express their opinions publicly. The Clients review the Contractors after they have transacted. In that way all users of the Site will be able to see to what extent the Contractors have matched the Clients’ tasks. 5thBrand collects and stores such reviews, whether it is points on a scale, comments about the Contractor’s performances or the Client’s satisfaction, and the reviews will be publicly available on the Site. Such processing of your personal data is based on our legitimate interests, such as the credibility of the Service, cf. GDPR, article 6 (1) (f).
Storage of your personal data
Your personal data will be stored as long as necessary for the purposes above which, as a main rule, would be as long as there is an ongoing Client relationship or the user is regarded as active. Any further retention may take place for documentation purposes.
Your data protection rights
You have the right of access to information relating to you. You also have the right to request rectification and under certain circumstances deletion of incorrect or misleading information that we have registered about you. Further, you have the right to restriction of processing of your personal data and the right to object. Under certain circumstances, you may also a have a right to data portability. If you have consented to processing of your personal data, you may withdraw your consent at any time. Such withdrawal will not affect the lawfulness of processing prior to withdrawal. Please contact us at legal@5thBrand.com if you wish to exercise any of these rights. You also have the right to file a complaint with the Kenyan Data Protection Agency (Datatilsynet, https://www.datatilsynet.dk/).
The security of your personal information is important to us. To ensure your security we encrypt all passwords used on the Site.
Links to Other Sites
Our Site contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. We encourage you to read the privacy policies or statements of the other websites you visit.
Like many websites, we use “cookies” to collect information. A cookie is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the visitor returns. It is for record-keeping purposes.
We use two types of cookies.
First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site and to track your compliance with our marketplace policies.
Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by 5thBrand Users and web traffic routing on the Site.
Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. See the guidance below.
Third party cookies: We use third party services to analyse the use of our site for statistical purposes and to deliver specific functionality that we need to operate as a business. Such services, and related cookies, are for the following tools:
Chat & customer support
To allow website visitors to easily communicate with our Support team
To measure website usage, so that we can understand trends and performance, and improve how we’re operating
Google Analytics, Google Optimize, Segment, WordPress Stats, Hotjar
Content promotion & user engagement
To allow website visitors to subscribe to our premium content offerings
To allow website visitors to add comments to our blog posts
To manage the implementation of services on our website
Google Tag Manager
To allow us to operate our partner program
Referoo (a 5thBrand service)
We may also use advertising-related cookie to understand the performance of our advertising activity.
Guidance in removing cookies from your browser can be found at https://www.aboutcookies.org and you may always contact us at legal@5thBrand.com for further information.
Choice of Law