China Privacy Notice

IZEA Worldwide, Inc. (“IZEA”) owns and operates IZEA Flex and the Creator Marketplace (the “Platforms”), online platforms and marketplaces that connect marketers with content creators on a variety of sites hosted by IZEA and operated by IZEA or its partners (the “Sites”).

IZEA provides you, and, if applicable, your affiliates, access to its Platforms or Sites.

Access by an individual who is located in Mainland China when the individual uses the Sites (the “China-based User”) to the Platforms, Sites, and any features, is made available under this China Privacy Notice (which supplements our Privacy Notice), and the Terms of Service.

The following details our China Privacy Notice (the “Notice”) for the Sites and describes the types of information we gather from those persons visiting the Sites and how we use such information. We understand the importance of privacy and, accordingly, treat all information received in a responsible manner. This Notice applies to all of the services offered by IZEA Worldwide, Inc. and its subsidiaries and affiliated entities (the “services”) on the Sites. As a China-based User, by ticking the opt-in box at sign up or on the applicable Site, you consent to our Privacy Notice and this Notice.

IZEA’s Privacy Notice

Please follow these links to review IZEA’s general Privacy Notice and Terms of Service. Capitalized terms herein have the same definition as set forth in the below links. Any conflict in language between these three documents is governed by this Notice. As a China-based User, you may click https://cn.izea.com/privacy-notice/cn/ to review the simplified Chinese version of this Notice, and you may also find a simplified Chinese version of the Privacy Notice by right clicking on the webpage in your default browser and selecting the option to translate the policy to simplified Chinese.

I. Notice at the Point of Collection of Personal Information

IZEA may collect two types of information from China-based Users of our Sites or our chat bots or widgets found on our Sites: “personal information” (such as name, e-mail address, mailing address, phone number, etc.) and “aggregate information” (such as frequency of visits to any of the Sites, search terms entered, Site pages most frequently accessed, browser type, etc.). We use this information in an effort to improve your experience on the Sites and to communicate with you about information that you request. We may also use this information to help us target specific services or offers to you, to contact you for troubleshooting purposes, to help us develop and improve our Sites, to tailor our Sites to your interests, or to guide your search for the correct products or services or assist you in communicating with other users of the Sites to negotiate a transaction.

Categories of Sources

We obtain the categories of personal information listed herein from the following categories of sources:

• Directly from our customers or their agents. For example, from documents that our customers provide to us related to the services for which they engage us.
• Indirectly from our customers or their agents. For example, through information we collect from our customers in the course of providing services to them.
• Directly and indirectly from activity on our Sites (including submissions through our website portal, data collected from connected websites, website usage details collected automatically, or use of our chat bots or widgets).
• From third-parties that interact with us in connection with the services we perform.

Collecting and Using Your Personal Information for Business Purposes

IZEA collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.

IZEA may also request payment account information (such as PayPal or a credit card) which is encrypted and provided to third parties for the purpose of processing payment(s). In addition, IZEA collects supplemental data from public sites, IP addresses, and connected social media channels (via an API for which you can select the types of information IZEA may access), to create a more robust user profile and increase the odds that a marketer will locate your profile for Casting Calls.

As a China-based User agreeing to the Terms of Service, Privacy Notice, and this Notice when creating an account on our Site(s), you explicitly consent to the access and collection of personal information, other types of data and content from the social media accounts you have connected, including followers, friend lists, photos, videos, or similar content published through those social media accounts. You have the option to change these choices made at registration, at any time, or request deletion of this personal information per this Notice and China law. However, the decision to disconnect a social media account will not remove content or data previously gathered unless you request a deletion of such data directly according to this Notice.

China-based Users who are Marketers or Partners agreeing to creating an account on our Site(s), upon registration will be asked to provide an email address, establish a password, and provide payment account information. This data is required in order to make our services available to you.

For the purposes as stated above, IZEA may collect your sensitive personal information including, but not limited to, your friends list, records of precise location, and web browsing history. The disclosure, leakage, illegal use, or misuse of any of your sensitive personal information could easily lead to damages to your personal dignity or danger to your personal security or property safety, and the influences on personal rights and interests may include but be not limited to the personal autonomous decision-making right, leading to differential treatment, suffering from reputation damage, mental stress, personal injury, property loss, etc., which deserve special attention when you provide or specifically give IZEA your consent to process. By opting in on the Platforms or the applicable Sites, you consent to the collection and other processing of your sensitive personal information.

How IZEA Uses Your Personal Information

IZEA uses collected personal information for its primary business purpose of providing advertising services, and all related purposes, including matching Creators with Marketers for advertising and marketing opportunities.

We may collect information to include your name, company name, email address, mailing address, and other information you provide when engaging with our chat bots. These interactions are subject to our Privacy Notice. By carrying on a conversation with a bot, you consent to receiving communications from the bot and to the processing of your conversation via Hubspot in accordance with any terms of use or privacy notice that may apply in connection with that platform. Because the bot utilizes artificial intelligence to communicate with you, it may provide information that is an inaccurate response to your requests in its interactions with you. You agree that IZEA shall not be liable to you or any third party for a bot providing inaccurate information to you.

IZEA may also use personal information as described to you when collecting your personal information or as otherwise set forth in the Personal Information Protection Law of the PRC (the “PIPL”) or to: communicate with you, provide you with Casting Calls, to fulfill or meet the reason for which the information is provided, deliver support to enhance your user experience, improve our Sites, perform troubleshooting, testing, research, and analysis, respond to your inquiries, communicate news about IZEA or features and functionalities of the Platform, present you with surveys or commercial offers you may be interested in, carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections, protect the rights, property, or safety of IZEA or its customers or others, or respond to law enforcement or legal requests as required by applicable law, court order, or governmental regulations. You may control your email preferences within your account in the Platform or contact us.

IZEA Does Not Sell Your Personal Information

IZEA does not sell personal information to third parties, and has not sold any personal information in the preceding twelve (12) months.

It should be noted that on some portions of the Sites, users can choose to have their personal information displayed. If users choose to have their personal information displayed on the Site(s), they will be given forewarning that the action they are about to take will make their personal information publicly available on the Site(s).

Sharing Your Personal Information

IZEA may disclose your personal information to a third party pursuant to a business purpose of providing advertising services, and all related purposes, including matching Creators with Marketers for advertising and marketing opportunities. When IZEA discloses your personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

IZEA shares your personal information with third party service providers, affiliates, and third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.
Category C: Protected classification characteristics under California or Federal law.
Category F: Internet or other similar network activity.
Category I: Professional or employment-related information.
Category K: Inferences drawn from other personal information.

Please see below a list of personal information that we share with third party service providers for more information on the purpose, manner and scope of the process of personal information by those third party service providers.

Children and Privacy

IZEA understands the importance of protecting the personal information of children, who in Mainland China are individuals under the age of 14. IZEA will process China-based children’s personal information in accordance with this Notice.  IZEA will also treat China-based children’s personal information as sensitive personal information and comply with special rules regarding sensitive personal information as required by applicable laws.

Cross-border Transfers

For the purposes of mentioned above, we may transfer your personal information outside Mainland China to our subsidiaries and affiliated persons, agents, contractors or third parties situated in the United States, Canada, United Kingdom, where there may not be in place data protection laws which are substantially similar to, or serve the same purposes as, PIPL. That means your personal information may be protected in a different way. Where required, IZEA will provide appropriate safeguards for such transfers and the transfer will be conducted in accordance with applicable laws, including the Standard Contractual Clauses, where applicable.

Retention period

Your personal information will be stored by us for as long as necessary in order to fulfil the purposes described above in this form and comply with minimum retention periods under applicable laws. However, unless otherwise required by applicable laws, this period will last for no longer than 10 years from the collection of your personal information 10 years following your latest use of the Sites, whichever period is the longest.

II. China-based User Rights

Your Rights and Choices

The PIPL provides consumers (China-based Users) with specific rights regarding their personal information. This section describes your PIPL rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that IZEA disclose certain information to you about our collection and use of your personal information. Once IZEA receives and confirms your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling (if any) that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales (if any), identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Your right of access to your personal information in the possession of IZEA is not an absolute right. Under certain circumstances, applicable laws and regulations may permit us or require us to refuse to provide you with all or a part of your personal information. Moreover, your personal information may have been destroyed or deleted in accordance with applicable laws or regulations or IZEA’s archive policies. If IZEA is unable to provide you with the access to your personal information due to the limitation of any laws, regulations or IZEA policies, IZEA will strive to inform you of the relevant reasons.

Right of correction

If any personal information is incomplete or has been changed, you may require IZEA to update or correct the relevant personal information.

Deletion Request Rights

You have the right to request that IZEA delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. IZEA may also deidentify (anonymize) or aggregate data, at which point it shall no longer be deemed personal information subject to a deletion request.

IZEA may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the PIPL and other applicable laws.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Your Rights

To exercise the access, data portability, data correction and deletion rights described above and other rights of a personal information subject under applicable laws, please submit a verifiable consumer request to IZEA by sending us an email to Privacy@izea.com or via regular mail to Data Protection Officer, 1317 Edgewater Drive, Suite #1880, Orlando, FL 32804 USA. Only you, or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child (under the age of 14).

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

IZEA cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Responding to Your Requests

IZEA endeavors to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If not, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

IZEA does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

IZEA’s Non-Discrimination Policy

IZEA will not discriminate against you for exercising any of your PIPL rights. Unless permitted by the PIPL, we will not:

• Deny you services.
• Charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of services.
• Suggest that you may receive a different price or rate for services or a different level or quality of services.

III. Changes to this Notice

IZEA reserves the right to amend or alter this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on our website and update the Notice’s effective date. If changes are made to any part requiring your consent, you will be asked to restate or change your consent(s). If changes are made to any part not requiring your consent, the Notice is considered applicable upon publication.

IV. Contact Us

If you have any questions or concerns about this Notice, please feel free to contact us any time through the Sites or at Data Protection Officer, c/o IZEA Worldwide, Inc., 1317 Edgewater Drive, Suite #1880, Orlando, FL 32804 USA or Privacy@izea.com.