This 2K Social Media and Influencer Data Protection Notice (“Notice”) describes the manner by which 2K Games, Inc. and Take Two Interactive Software Europe Limited t/a 2K Games (the “Company”) collects, uses, and otherwise processes certain individually identifiable information about contractors (“Contractor Data”) in connection with the contractor relationship, as described in more detail below.

The Company may collect and process all or some of the following categories of Contractor Data for the purposes of your engagement with the Company:

• Personal and contact information, including name, email address, telephone number, date of birth, passport number, driver’s license number, social network identification / authentication, shoe size, shirt size, travel loyalty program numbers, dietary restrictions, and platform preference;
• Cookies and similar technology information, including cookies, web beacons, Internet log files, and similar tracking technologies; and
• Contract related information, including contract start and end dates, contract payment information, bank account information, tax identification / Unique Taxpayer Reference, manager name, travel preference information, social media information (received when you link your social account and other post and audience engagement information), and contract information.

The Company collects, uses, and otherwise processes Contractor Data for the following purposes: workflow management; reviewing contract performance; analyzing online traffic and performance received through Contractor’s services; fulfilment of contractual payment or other obligations; compliance with legal and regulatory requirements; monitoring and enforcing compliance with applicable policies and procedures; providing physical and/or network access and IT support and services; and protecting the security of Contractor Data as well as Company systems and premises.

If contractors do not provide the Contractor Data that the Company requires for the purposes described above, the Company may not be able to fully provide such contractors with certain services or benefits related to their contract (or their employer's, service company’s or agency’s contract) with the Company.

The Company will retain Contractor Data no longer than is necessary to carry out the purposes listed in this Notice, to fulfill any reasonably anticipated future engagement and/or as required by applicable law.

The Company processes Contractor Data as necessary to fulfil the relationship. The Company also processes Contractor Data with consent (e.g. when contractors are specifically asked), as required by law (e.g. for tax compliance and reporting purposes), and where it is in the Company’s (or a third-party’s) legitimate interests and those interests are not overridden by privacy and data protection rights (such as to protect the security of facilities).

As part of normal business operations, the Company may disclose Contractor Data to third-party service providers in connection with the purposes described in Section III.  The Company will (i) exercise appropriate due diligence in the selection of such third party service providers, and (ii) require via appropriate contractual measures that such third party service providers maintain adequate technical and organizational security measures to safeguard the Contractor Data, and process the Contractor Data only as instructed by the Company and for no other purposes.

The Company may also disclose Contractor Data to external advisors (e.g., lawyers, accountants, and auditors) and, to the extent required or permitted by applicable legal obligations, to governmental agencies and regulators (e.g., tax authorities), courts and other tribunals, and government authorities (including authorities located in the United States, such as the Securities and Exchange Commission or the Department of Justice). Contractor Data may also be shared with Take-Two Interactive Software, Inc. and its subsidiaries and affiliates in the United States (collectively, “Take-Two US”) where necessary for legitimate business purposes.

As necessary in connection with the purposes described in this Notice, limited members of the human resources, finance, legal, and the IT departments and Take-Two US or affiliated company points of contact (i.e., persons with assigned responsibility for the services performed by a contractor) may access and otherwise process Contractor Data in the United States in connection with their job responsibilities. Contractor Data may also be shared with service providers, affiliates, other members of the Take-Two US company group, and other third-parties located countries that do not have equivalent data protection legislation to the EU. The Company takes appropriate steps to ensure that any transfers to such countries are subject to appropriate safeguards, including through the use of European Commission-approved Standard Contractual Clauses. For more information on how the Company transfers Contractor Data, please contact hr-dataprotection@take2games.com. 

The Company and Take-Two US maintain all reasonable physical, technical, and organizational security measures to safeguard Contractor Data from loss, misuse, or unauthorized access, disclosure, alteration or destruction. The Company and Take-Two US also maintain reasonable procedures to help ensure that such data is reliable for its intended use, accurate, complete and current.

Depending on location, Contractors have the right to access, review, correct, or request the deletion or portability of their Contractor Data in accordance with applicable law. Contractors may also object to the processing of Contractor Data in some circumstances, and where processing relies on consent, the contractor may withdraw it at any time. These rights may be limited in some circumstances, for example if a contractor requests the deletion of Contractor Data that the Company is required by law to keep. Contractors also have the right to complain to the relevant data protection authority. Also, contractors are responsible for informing the Company if there are any changes or inaccuracies to their Contractor Data. Contractors should transmit any requests for access or updates to, or corrections or deletions of their own Contractor Data to the Company as specified below in Section VIII.

Contractors who have any questions about this notice or wish to exercise any of the rights here described, should contact the 2K Influencer Data Protection Contacts below:
For the NextMakers program: help.nextmakers@2k.com
For all other influencer and creator inquiries: D_2KGNOV_Creators@2k.com