Fotofy is made up of different legal entities. This privacy notice is issued on behalf of the Fotofy group of companies. When we refer to "Fotofy", "we", "us" or "our" in this privacy notice, we mean the Fotofy entity that acts as the controller or processor of your information, as explained in more detail in the "Entities Collecting Personal Information" section below.
Privacy Shield Framework
Fotofy participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield. Fotofy is committed to subjecting all personal data received from European Union (EU) member countries, United Kingdom (UK), and Switzerland, respectively, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov/list]
Fotofy is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Fotofy complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Fotofy is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Fotofy may be required to disclose personal data in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Collection of Personal Information
As a visitor to the Site, you can engage in many activities without providing any Personal Information.
However, when you register to use a Fotofy site and order products or services as a Fotofy subscriber in order to provide the services to you, we may collect the following Personal Information from you:
- Contact information such as your name, phone and fax numbers, address and email address; and
- Billing information such as the number, expiration date, card type and billing address of your credit card;
- Demographic information such as your job title, job description and company name and company type; and
- Profile data, including your username and password, details about your purchases and the Content that you license from us.
- Payment and publisher information including, but not limited to, payout method, payout email, desired display name, social media usernames, website address, and information about your skill level and roles.
If you submit content to Fotofy for licensing, you may be asked to provide the following information:
- Contact information such as your name, phone number, primary address, and email address.
- Fotofy may verify this information by asking you to either: a) upload a scan of a government issued ID (which will be stored securely on our servers); or b) provide a credit card number. If used to verify your identity, your credit card number will be used solely for the purpose of verifying your name and address. The credit card number will not be stored.
- Payment and contributor information including, but not limited to, payout method, payout email, desired display name, social media usernames, content focus, camera equipment, and information about your skill level and creative process.
Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
As is true of most websites, when you use the Site, Fotofy or third party subprocessors contracted by Fotofy may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol (IP) address of your computer. We use these environmental variables to facilitate and track your use of the Site and its services. Fotofy also uses such environmental variables to measure traffic patterns on the Site. To better understand the needs of our visitors to the Site we may occasionally match such information with your Personal Information.
In order to reduce errors in our database, authenticate our users, and prevent abuse of our system, we may on occasion supplement the Personal Information you submit to us with information from third-party sources. For example, we may supplement your contact information with address information provided by the U.S. Postal Service to qualify your information and prevent errors in our database. We may supplement the information that we collect directly from you with information stored in third-party databases, such as demographic information or company information in order to make it more likely that any marketing communications we send will be relevant and of interest to you.
When you download and use our Mobile Apps or Services, we automatically collect information on the type of device you use, and operating system version. We do not ask for, access or track any location-based information from your mobile device at any time while downloading or using our Mobile Apps or Services.
Updating Your Personal Information and Privacy Preferences
Upon request Fotofy will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at privacy@Fotofy.com.
You have the right to access and correct, or delete your Personal Information and privacy preferences at any time. This may be accomplished by clicking on the link, "Profile", where you can view and make changes to most of your Personal Information immediately. For security purposes, certain Personal Information can only be changed by contacting support. We will respond to your request promptly within a reasonable timeframe.
How Your Personal Information Is Used
- Authenticate and provide access to the Fotofy websites, mobiles applications, and services.
- Process your financial transactions.
- Send you order / renewal confirmations.
- Register your rights, if any, to technical support or other benefits that may be made available to registered users.
- Respond to customer service requests, questions and concerns.
- Administer your account.
- Send you requested product or service information.
- Keep you informed about special offers and services of Fotofy and selected third parties.
- Administer promotions and sweepstakes you enter and notify you of the results.
- Investigate, prevent or take action regarding illegal activities and/or violations of our Terms of Service.
- Meet our research and product/service development needs and to improve our Site, services and offerings; and
- Customize your experience, including targeting our services, search results, and offerings to you.
We store information that we collect through cookies, log files, transparent images, and/or third party sources to create a summary of your preferences. We tie your personally identifiable information, and/or your membership usage history, to information in the summary, in order to provide tailored promotions and marketing offers, to improve the content of the site for you and/or to determine your preferences.
In certain situations, Fotofy may be required to comply with legal obligations to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Where required by law (e.g., to comply with a subpoena, warrant, court order, or legal process served on Fotofy), and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you in order to comply with our legal obligations if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.
Legal Bases for Processing
For individuals located in European Economic Area (EEA) and UK, we rely on the following legal bases for the processing of your personal data:
Where processing is necessary to perform our contract with you:
- Providing access to the Fotofy websites, mobiles applications, and services to fulfill the terms of your contract;
- Customizing your experience, including targeting our services, search results, and offerings to you.
- Providing information so that you can make decisions about Fotofy services;
- Processing your financial transactions and sending you order / renewal confirmations;
- Register your rights, if any, to technical support or other benefits that may be made available to registered users;
- Responding to your customer service requests, questions and concerns;
- Administering your account.
Processing is necessary to protect the vital interests of the data
subject or another natural person:
- Investigating and protecting against intellectual property infringement;
- Confirming the validity of licenses to Fotofy content;
- Investigating, preventing or taking action regarding violations of our Terms of Service.
Processing in furtherance of Fotofy’s legitimate interests:
- Providing, improving and customizing our website and services;
- Administering our operations and meeting our contractual obligations to our customers and contributors;
- Analyzing and understanding how our online platforms are being used;
- Maintaining the security and integrity of our websites, mobile applications and other services;
- Sending you requested product or service information and keeping you informed about special offers and services of Fotofy and selected third parties;
- Administering promotions and sweepstakes;
- Research and product/service development for the improvement of our Site, services and offerings.
Processing is necessary for compliance with Fotofy’s legal
- Investigating and protecting against intellectual property infringement, fraud, spam, harassment, crime and security risks;
- Compliance with money laundering, bribery, corruption, and applicable sanctions laws and regulations; and
- Meeting financial reporting and other obligations under applicable securities laws.
Information Sharing with Service Providers / Agents
Fotofy uses one or more outside credit card processing companies to bill you for our goods and services. To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any other purpose.
We also share Personal Information with certain companies that perform services on our behalf. We only share the Personal Information, which is necessary for them to perform those services. We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services for Fotofy.
We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.
Data Retention and Data Portability
We will retain your information for as long as your account is active and your information is needed to provide you services, as necessary to validate or enforce the licenses to use Content, or as required to fulfill our legal obligations. If you are unable to access your account, please contact privacy@Fotofy.com. We will respond to your request within 30 days. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you have licensed Content from Fotofy, you may access your license history by visiting License History.
Choice / Opt Out
You may "opt out" of receiving Fotofy's email updates, newsletters and/or partner emails by clicking on the "Profile" link on the Site and making the appropriate selections. The choice to opt out of such communications is also generally available during the sign-up process. Fotofy will still contact you when there are changes to the Terms of Service or Submitter Terms of Service, as applicable. In addition, we will still send you service-related announcements including, but not limited to, a registration email, benefit notification emails, emails automatically triggered by actions you took on the Site and bill related notices. Generally, you may not opt-out of these communications, which are not promotional in nature. If you wish not to receive them, you have the option of deactivating your account.
If you use a Fotofy mobile app, we may send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level.
If you are unable to access your account, please contact privacy@Fotofy.com
Protection of Your Personal Information
The Personal Information that you provide in connection with the use of the Site is protected in several ways:
- Access by you to your account profile is available through a password and unique customer ID selected by you. This password is encrypted. You should strive to use a strong, alpha-numeric password which you should not divulge to anyone.
- Your Personal Information resides on secure servers that only selected Fotofy personnel and contractors have access to via password.
- Your Personal Information is encrypted whenever it is transmitted to Fotofy.
- When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using transport layer security technology
We strive to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we take into account the sensitivity of the Personal Information we collect, process and store, and the current state of technology to use these measures protect your Personal Information, we cannot guarantee its absolute security.
If you have any questions about security on our Web Sites, you can send email to us at privacy@Fotofy.com.
Cookie and Tracking Technologies
The Site may automatically collect information as you browse, such as Internet Service Provider, browser type and version, operating system and device type, average time spent on our site(s), pages viewed, information accessed, the Internet Protocol (IP) address used to connect your computer to the Internet and other relevant statistics. Such information is sometimes referred to as web analytics and/or clickstream data.
We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and provide site functionality.
Technologies such as: cookies, beacons, tags and scripts are used by Fotofy and our affiliates, analytics services and service to provide site features and functionality. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
- We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here) Please note this does not opt you out of being served ads. You will continue to receive generic ads.
We enable you to create a profile for accessing blogs or online communities for sharing information such as messages, photos and videos. Please note that we cannot control the actions of others with whom you may choose to share your pages and information. Any information you post to a public bulletin board or chat room, such as the Forum For Contributors (the "Forums"), is available to all persons accessing that location. To request removal of your personal information from our blog or community forum, contact us at privacy@Fotofy.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Alternatively, if you used a third party application to post such information, you can remove it, by either logging into the said application and removing the information or by contacting the appropriate third party application.
Your email address will not automatically be posted on the Forums unless you modify the default setting to permit that. Your email address will then be available to all persons accessing the Forums. In addition, any information that you choose to include in your profile can be viewed by all visitors to the Forums.
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
Links to third party sites
Social Media Widgets
You may be able to log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
Referral Program Emails
If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. Fotofy stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Your friend may contact privacy@Fotofy.com to request that we remove this information from our database.
We do not intend to solicit or collect Personal Information from anyone under the age of 18. If you are under 18, do not enter information on this site or engage our services. If you believe a child of yours under the age of 18 has entered Personal Information please contact firstname.lastname@example.org to have the data removed and terminate the child's account.
Entities Collecting Personal Information
Personal Information on this website is collected by Fotofy at telephone number is 1-949-361-3959.
We have appointed a data protection officer (DPO) for the Fotofy Group who is responsible for overseeing questions in relation to this privacy notice. If you have any questions, concerns, or requests about this privacy notice, how we manage your Personal Information, or any other issue relating to your Personal Information, please contact our DPO:
Attn: Data Protection Officer
Data Controller (Location of Incorporation or Organization)
Fotofy, Inc. (US)
Attn: Data Protection Officer
Data Controller (Location of Incorporation or Organization)
Fotofy, Inc. (US)
How other members of the Fotofy group of companies may be involved in the processing of Personal Information is described in our information about subprocessing within the Fotofy Group.
Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Personal Data, seek to update, delete or correct this Information, and request to restrict further processing of your Personal Data.
To the extent that Fotofy's processing of your Personal Data is subject to the EU General Data Protection Regulation, Fotofy relies on its legitimate interests, described above, to process your data. Where Fotofy processes certain Personal Data for Fotofy's own direct marketing purposes, you have a right to object to Fotofy's use of your Personal Data for this purpose at any time by clicking on the link, "Profile" and opting out from receiving all email.
If you wish to make any other objection to the processor of your personal data, you may also object to processing by emailing privacy@Fotofy.com
Attn: Data Protection Officer
Attn: Data Protection Officer
LAST UPDATED: July 10, 2019
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