Privacy
Effective Date: January 1st, 2020
If you have any questions about this Privacy Policy or Fotomat's data collection, use, and disclosure practices, please contact us at support@onfotomat.com
This Privacy Policy describes how Fotomat, B.V. ("Fotomat," "we," "our" or "us") collects, uses, and shares information in connection with your use of our websites, services, and applications (collectively, the "Services"). This Privacy Policy (the "Privacy Policy") does not apply to information our customers may process when using our Services.
We may collect and receive information about users of our Services ("users," "you," or "your") from various sources, including: (i) information you provide through your user account on the Services (your "Account") if you register for the Services; (ii) your use of the Services; and (iii) from third-party websites, services, and partners.
If you have any questions about this Privacy Policy or Fotomat's data collection, use, and disclosure practices, please contact us at info@onfotomat.com.
In our Privacy Policy, when we refer to “Users”, we mean our customers who use our Services, including visitors to our sites. The users, visitors and customers of, our Users’ sites are “End Users”.
This Privacy Policy describes what we do with personal information that we collect and use for our own purposes, such as your account information and information about how you use and interact with our Services, including information you submit to our customer support as well as certain information relating to your End Users.
1. Information we collect
We collect various personal information regarding you or your device. This includes the following:
Information you provide to create an Account, specifically email address, first name and last name. If you sign up for Paid Services, we receive a portion of your payment information from our payment processor Stripe (such as the last four digits, the country of issuance and the expiration date of the payment card) and we ask you to select your jurisdiction.
The emails and other communications that you send us or otherwise contribute, such as customer support inquiries.
Information from your use of the Services or Users’ sites. This includes: IP addresses, preferences, web pages you visited prior to coming to our or our Users’ sites, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with the Services and our Users’ sites (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).
2. How we collect personal information
a. Personal information you provide
Account registration
When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
Payment Information.
When you add your financial account information to your Account, that information is directed to our third-party payment processor Stripe. We do not store your financial account information on our systems; however, we have access to, and may retain, subscriber information through our third-party payment processor.
Communications.
If you contact us directly, we may receive additional information about you such as your name, email address, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.
User Content.
Our web publishing services allow you to publicly post content on our Services. You agree that your information and the content you post may be viewed and used by other users and third parties we do not control.
Sometimes we require you to provide us with information for contractual or legal reasons. For example, we may ask you to select your jurisdiction when you sign up for Paid Services to determine if, and how much, tax we need to collect from you. We’ll normally let you know when information is required, and the consequences of failing to provide it. If you do not provide personal information when requested.
b. Personal information obtained from your use of our Services
When you use our Services, we collect information about your activity on and interaction with the Services, such as your IP address(es), your device and browser type, the web page you visited before coming to our sites, what pages on our sites you visit and for how long and identifiers associated with your devices.
c. Personal information obtained from other sources
If you sign up for Paid Services, we obtain limited information about your payment card from our payment processor, such as the last four digits, the country of issuance and the expiration date. Currently, our payment processor is Stripe. Stripe uses and processes your complete payment information in accordance with Stripe’s privacy policy.
3. How we use your personal information
We use the information we collect in various ways, including to:
- Provide, operate, and maintain our Services;
- Improve, personalize, and expand our Services;
- Understand and analyze how you use our Services;
- Develop new products, services, features, and functionality;
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the Service, and for marketing and promotional purposes;
- Process your transactions;
- Send you text messages and push notifications;
- Find and prevent fraud; and
- For compliance purposes, including enforcing our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
4. We share personal information in the following ways:
Vendors and Service Providers.
We may share information with third-party vendors and service providers that provide services on our behalf, such as helping to provide our Services, for promotional and/or marketing purposes, and to provide you with information relevant to you such as product announcements, software updates, special offers, or other information. The third-parties we share such information with are Sendgrid for sending out our newsletters and Intercom for customer support.
Analytics.
We use analytics providers such as Google Analytics. Google Analytics uses cookies to collect non-identifying information. Google provides some additional privacy options regarding its Analytics cookies at http://www.google.com/policies/privacy/partners/.
Process payments.
We transmit your personal information via an encrypted connection to our payment processor Stripe.
Following the law or protecting rights and interests.
We disclose your personal information if we determine that such disclosure is reasonably necessary to comply with the law, protect our or others’ rights, property or interests (such as enforcing our Terms of Service) or prevent fraud or abuse of Fotomat or our Users or End Users. In particular, we may disclose your personal information in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements.
5. Security
Fotomat is committed to protecting your information. To do so, we employ a variety of security technologies and measures designed to protect information from unauthorized access, use, or disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. However, please bear in mind that the Internet cannot be guaranteed to be 100% secure.
6. Data Retention
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
As Users may have a seasonal site or come back to us after an Account becomes inactive, we don’t immediately delete your personal information when your trial expires or you cancel all Paid Services. Instead, we keep your personal information for a reasonable period of time, so it will be there for you if you come back.
You may delete your Account by contacting us at support@onfotomat.com and Fotomat will delete the personal information it holds about you (unless we need to retain it for the purposes set out in this Privacy Policy).
7. Access
If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing support@onfotomat.com If you terminate your Account, any public activity on your Account prior to deletion may remain stored on our servers and may remain accessible to the public.
To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit Fotomat's ability to comply with a legal obligation; inhibit Fotomat's ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to Fotomat or a third party.
8. Your data protection rights under the general data protection regulation (gdpr)
If you are a resident of the EEA, you have the following data protection rights:
- If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing support@onfotomat.com
- In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing support@onfotomat.com
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing support@onfotomat.com
- Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
- We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
9. Your Choices
You can use some of the features of the Services without registering and/or paying, thereby limiting the type of information that we collect.
You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes.
Many browsers have an option for disabling cookies, which may prevent your browser from accepting new cookies or enable selective use of cookies. Please note that, if you choose not to accept cookies, some features and the personalization of our Services may no longer work for you. You will continue to receive advertising material but it will not be tailored to your interests.
10. Data transfers
Fotomat is a global business. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described in this Privacy Policy.
Privacy Shield.
We transfer, in accordance with Article 45 of the GDPR, personal information as much as possible to companies that have certified their compliance with the EU-U.S. or Swiss-U.S. Privacy Shield Frameworks (each individually and jointly, the “Privacy Shield”).
Other means.
We may, in accordance with Articles 45 and 46 of the GDPR, transfer personal information to recipients that are in a country the European Commission or a European data protection supervisory authority has confirmed, by decision, offers an adequate level of data protection, pursuant to an approved certification mechanism or code of conduct, together with binding enforcement commitments from the recipient to apply the appropriate safeguards, including as regards data subjects’ rights, or to processors which have committed to comply with binding corporate rules.
11. End Users’ personal informationOur customers who have created a site using Fotomat are responsible for what they do with the personal information they collect, directly or through Fotomat, about their End Users. This section is directed to such customers.
a. Your relationship with End Users
If you’re one of our Users, you will collect personal information about your End Users. You're solely responsible for complying with any laws and regulations that apply to your collection and use of your End Users’ information, including personal information you collect about them from us or using Fotomat functionality or cookies or similar technologies.
You must publish your own privacy and cookie policy and comply with them.
We’re not liable for your relationship with your End Users or how you collect and use personal information about them (even if you collect it from us or using Fotomat functionality or cookies or similar technologies) and we won’t provide you with any legal advice regarding such matters.
12. Updates to this Privacy Policy
We’ll update this Privacy Policy from time to time to reflect changes in technology, law, our business operations or any other reason we determine is necessary or appropriate. When we make changes, we’ll update the “Effective Date” at the top of the Privacy Policy and post it on our sites. If we make material changes to it or the ways we process personal information, we’ll notify you (by, for example, prominently posting a notice of the changes on our sites before they take effect or directly sending you a notification).
13. How to contact us
If you have any questions or concerns about this Privacy Policy, please feel free to email us at support@onfotomat.com
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