OF ATPHOTO, INC. AND ANY OF ITS AFFILIATED COMPANIES (“ATPHOTO”, “WE”, “OUR” OR “US”) WITH
RESPECT TO THE WEBSITES, SERVICES, PRODUCTS, TECHNOLOGY, SOFTWARE AND/OR SOFTWARE
COMPONENTS (COLLECTIVELY, THE “SOFTWARE & SERVICES”) OF ATPHOTO THAT YOU INSTALL, USE, ACCESS
OR INTERACT WITH (“USE”), BUT EXCLUDES SOFTWARE AND/OR SERVICES THAT HAVE SEPARATE PRIVACY
have privacy and security concerns with respect to the information we collect, use, and disclose to third
parties for the purpose of allowing us to offer and provide our Software & Services, so we have provided this
will also find an explanation of certain rights you have (see the “Your Rights” Section) in respect of your
practices in relation to Personal Information, before we begin processing your information.
- Information AtPhoto Collects and Receives.
- How AtPhoto Uses Your Information.
- Additional Sharing of PII with Third Parties.
- Transferring Personal Information From and Outside of the European Union.
- Third-Party Content
- Third Party Advertisers, Cookies and Other Technologies.
- Your Rights.
- How we Protect your Information.
- Do Not Track.
- How to Contact AtPhoto.
Information AtPhoto Collects and Receives
When you Use the Software & Services, we automatically collect and store the following types of information:
- Registration and Login Information.
Information you provide when you register to and open the Software & Services may include your name, address, e-mail address, telephone number, website, facebook profile (business or private) profile picture and your preferred language. You can also register and login to the Software & Services using your Facebook account. We will receive from Facebook your name, email address, date of birth, profile picture and country of origin, depending on your settings in your Facebook account.
- Payment Information.
When you purchase a product or service, the last four digits of your credit card number and date of expiration, or details of other preferred means of payment (that we maintain in encrypted form on industry secured servers).
- Purchasing History.
Your history of product purchases through the Software & Services.
- Service-Related Information.
- Technical Information.
Certain technical information regarding your device, and your Use of the Software & Services and other third party software and applications installed on your device (the “Other Software”), including the device type and version number, the type, name and version of operating system and Other Software including, without limitation, their interactions with the Software & Services, ISP (Internet Service Provider), hardware version, location, Internet protocol (IP) address, anonymous user identifiers such as cookies and similar web technologies, device configuration, version of the Software & Services, and your configuration and settings of the device and the Software & Services, including language and time zone.
- Support Related Information.
If you communicate with us via our support section or via email, we may also collect your email address, name and any information voluntarily submitted by you in
connection with such support (for example, your name, company name, and particular support query or request).
How AtPhoto Uses Your Information
AtPhoto processes your information on the basis that it is a data controller of the PII. This is how we use this
1. To register for and use the Software & Services
- AtPhoto uses your Registration and Login Information to open your account and enable your
use of the Software & Services. In addition, AtPhoto uses your Technical Information to
enable your use of the Software and Services including resolving and addressing production
issues amongst our users. We also use your Service-Related Information to allow you to
create proofs and other related formats of creations through the Software & Services, and to
send those to your contacts.
- We process most of this data on the basis of performance of the contract with you for the
use of the Software & Services, except for your profile picture which we process on the basis
of your consent when you open an account with us.
- Except for your profile picture, if you do not provide us with all the Registration and Login
information, we cannot perform our contract with you.
- We will retain your Registration and Login Information for the amount of time that you have
an open account on the Software & Services.
- For this purpose, we use a number of service providers to assist us in providing the Software
& Services which have access to this information. Such service providers include hosting and
backup providers, printing services, cloud services, analytics and feedback services and ISPs.
2. To process payments for purchases made on the Software & Services.
- AtPhoto uses certain of your Registration and Login Information and Payment Information to process payments for products and services you purchased on the Software & Services.
- We process this data on the basis of performance of a contract with you.
- If you do not provide us with this information, we cannot complete your purchase and provide you with the product or service you acquired.
- We will retain this information for five (5) years from last login to the Software, or as soon as the user requests it from us, the earlier of the two.
- For this purpose, we use a payment processing service provider to process your payments who will have access to this information for this purpose.
3. Support, Complaints and Feedback
- We use Support Related Information and Technical Information to provide you with support and handle your complaints and feedback. If you have an account with us, we will combine this information with other information we have about you.
- We process this data on the basis of a legitimate interest and performance of a contract with you.
- If you do not provide us with this information, we cannot adequately provide you with the support and feedback you require.
- We will retain this information for up to 120 days.
- For this purpose, we use a third party service provider who will have access to your Support
- Related Information and Registration and Login Information. This information is required for them to properly address your requests for support, your complaints and feedback.
4. Direct Marketing.
- After you have opened an account on the Software & Services (ie. an existing customer of the Software & Services), we use your name, email address, and Purchasing History to send you marketing and commercial messages. These messages will contain personalized content which may include interest-based information, online ads or other marketing learnt from your use of the Software & Services.
- We process this data on the basis of a legitimate interest (to the extent that we have a relationship with you in connection with your interest in or use of the Software & Services) or your consent when you actively check the checkbox to receive such communications on registration to the Software & Services.
- Please note that you have the right to object at any time to processing of your PII for such purposes at any time. You can ask us to stop sending email marketing, by following the ‘unsubscribe’ link you will find on all the email marketing messages we send you. Alternatively, you can contact us at the contact details below under the heading “How to Contact AtPhoto”.
- We will retain this information for the amount of time that you have an open account on the Software & Services or until you object to the processing of your PII for this purpose, whichever is the earlier.
- For direct marketing purposes, we use third party service providers such as email service providers and marketing platforms, email verifiers and push notification services.
5. Advertising on the Software & Services.
- If you are in the European Union, USA or South Africa, we will process this information on the basis of your consent.
- We will retain this information for one year.
- To opt-out of providing this information to AtPhoto and its partners, please see section headed “Third Party Advertisers, Cookies and Other Technologies”.
- We share this information with our advertising partners.
6. Use of www.AtPhoto.com (including the Software & Services available from the Site) (the “Site”).
- We use your Technical Information, including cookies and IP address to:
– operate, monitor and analyze the Site and provide you with certain features and functionalities on the Site;
– facilitate and enhance your interaction and activities with the Software & Services;
– learn how you Use the Software & Services, what parts are most attractive and interesting to you, and what kind of offers you like to see; and
– manage and optimize the Software & Services.
- We will retain this information for one year.
- To opt-out of providing this information to AtPhoto, please see section headed “Third Party Advertisers, Cookies and Other Technologies”.
- We use Google Analytics who assists in monitoring and analyzing the Site.
7. Disputes and Enforcement; Applicable law, regulations or Enforceable Governmental Request.
- We use your PII to take action in case of a dispute involving you in connection with the Software & Services and to enforce the terms and conditions applicable to the Software & Services. We also use your PII to comply with legal and regulatory requirements (e.g., the disclosure of information to law enforcement or tax authorities), and for our legitimate interests and to protect against fraud, suspicious or other illegal activities. For this purpose, we may share your information with law enforcement or other competent authorities and any third party, as may be required (e.g to respond to claims or satisfy any legal process, subpoena, or governmental request; or to protect the rights, property, or personal safety of AtPhoto’s users, its partners, or the general public). We will also share this information with our professional advisors in the scope of this purpose. We will retain this Personal Information for the amount of time as required by law to fulfill the above purposes. This may include ensuring that we have an accurate record of your dealings in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your PII or dealings.
Use of Non-PII
AtPhoto uses non-PII information it collects for the following purposes:
- To operate and update the Software & Services, and to provide you with existing and new functionality and features of the Software & Services;
- to improve, fix and customize the Software & Services;
- to monitor, analyze and optimize your use of the Software & Services, including analyzing seasonal and annual usage trends;
- to maintain and improve the quality and operation of the Software & Services, including, monitoring viewability of and interaction with the Software & Services and other products and services provided by AtPhoto.
We retain this information for as long as necessary to fulfill our business and/or operational purposes or comply with a legal request. We may also choose to anonymize parts of your PII so that it can no longer be identifiable or attributable to any person if we want to keep it for longer periods of time than the retention periods set forth above.
Additional Sharing of PII with Third Parties.
We may also share your information in the following events:
- In the event AtPhoto goes through a business transition such as a merger or acquisition by another company, consolidation, change of control, reorganization, or sale of all or a portion of its assets, your information will be among the assets transferred;
With respect to sharing of your PII, we take appropriate measures to minimize the PII that we disclose to the
third parties, and we require these third parties (i) to keep the data secured, and (ii) to use the data solely in
parties without your prior consent.
Transferring Personal Information From and Outside of the European Union, USA or South Africa.
We will take appropriate steps to ensure that transfers of your PII are in accordance with applicable laws and carefully managed to protect your privacy rights and interests. To this end, if we as the data controller share your information with our corporate affiliates or third party service providers outside the EEA, we have – prior to sharing your information with such corporate affiliate or third party service provider – established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of theEuropean Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission) or EU – US Privacy Shield certification. We will provide further information on the means to ensure an adequate level of data protection on request.
The Software & Services may include content which may be in the form of apps, buttons, gadgets, advertisements, websites, products and services (including search services and advertisements) provided to you by third parties (collectively, “Third Party Content and Services”). The use of such Third Party Content and Services is subject to their privacy policies. In order to clarify, we do not review, approve, monitor, endorse,
warrant, or make any representations with respect to such Third Party Content and Services and your access to any Third Party Content and Services is at your own risk. We are not responsible for the information contained and/or made available through, the practices of, or your use or inability to use such Third Party Content and Services. You expressly relieve us from any and all liability arising from your use of such Third Party Content and Services. We recommended that you read the terms, conditions and privacy policies of such Third Party Content and Services before using or accessing any of them. Third Party Advertisers, Cookies and Other Technologies.
As indicated above, the Software & Services uses services and other technology vendors to operate, monitor and analyze the Site and provide you with certain features and functionalities. In doing so, we may collect or allow such third parties to collect, through blocks of code called “pixels” or “web beacons”, certain information about you and send it to our servers and to our partners (either directly or indirectly). We or our partners, may package all or part of this information into small text files called Cookies and send the Cookie to your computer. As an example, Cookies may store the web pages you accessed, your interaction with advertisements presented to you via the Software & Services, features you used, your session duration and your configurations and preferences of the Software & Services. You can learn more about cookies on the
Internet Advertising Bureau’s website: http://www.allaboutcookies.org.
Such Cookies and other technologies allow us and our partners to recognize you on your next use of, access or visit to the Software & Services, or on your visits or access to our partner’s network (i.e. sites and services outside of AtPhoto).To find out more about third-party advertising networks and similar entities that use these technologies, see http://www.aboutads.info, and to opt-out of such advertising networks’ and services’ advertising practices, go to http://www.aboutads.info/choices. Most browsers are initially set up to accept Cookies but you can reset your browser to refuse all Cookies or to indicate when a Cookie is sent. However, some functions of the Software & Services may not function properly if your cookies are disabled. You can also generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who comply with the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI site and DAA site.
The Software & Services are not intended for minors in any jurisdiction and you hereby represent that you are not a minor according to you relevant jurisdiction. For example, users under the age of 13 in the United States and users under the age of 16 in the European Union are not permitted to use the Software & Services. We do not knowingly collect, use, share or disclose any PII from minors. We reserve the right to request proof of age at any stage, so that we can verify that minors are not using the Software & Services. We advise parents and guardians to regularly monitor their children’s use of email and other online
communications and activities. Control tools that create a safer online environment for children are available from third party online services and software providers.
The following rights (which may be subject to certain exemptions or derogations), shall apply to EU, USA and South African users of the Software & Services:
- You have a right to access PII held about you. Your right of access can normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by
- You have the right to ask us to correct inaccurate or incomplete PII concerning you.
- If you no longer want us to use your PII, you can request that we erase your PII. Please note that if you request the erasure of your PII, we will not be able to provide you with and you will not be able to use the Software & Services. We may retain some of your PII as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend use by a user to comply with our legal obligations, including for tax, legal reporting and auditing obligations. Also, for fraud or safety reasons, we may retain certain information about that user from processing another transaction through our Software & Services. We may also retain and use your PII to the extent necessary to protect from accidental or malicious loss and destruction, and residual copies of your \ Personal Information may not be removed from our backup systems for a limited period of time.
- You have a right to restrict the processing of your PII, for example in case when we no longer need your PII for the initial purposes for which they were collected, but they are required by you for the establishment, exercise or defense of legal claims.
- You have a right to object to our use of your PII for direct marketing purposes. To object to Direct Marketing, please see the Direct Marketing Section under “How AtPhoto Uses Your Information”. For opting out of cookies, please see the section “Third Party Advertisers, Cookies and Other Technologies” for how to opt out of cookies.
- Where you have provided your consent to the processing of your PII by AtPhoto you may withdraw your consent at any time by sending a communication to us specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.
- You have a right to obtain a portable copy of PII which is processed on the basis of your consent, or which is necessary for the performance of a contract between us. You have a right to have such portable copy of PII transferred to another data controller in a structured, commonly used and machine-readable format.
- You also have a right to request details of the basis on which your PII is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.
- You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your PII. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
We may ask you for additional information to confirm your identity and for security purposes, before disclosing the PII requested to you. We reserve the right to charge a fee where permitted by law, for instance if
your request is manifestly unfounded or excessive.
To exercise your other rights, you contact us directly – please see the “How to Contact AtPhoto” section for how to contact us.
Subject to legal and other permissible considerations, we will make every reasonable effort to honor your
request promptly or inform you if we require further information in order to fulfil your request.
In the event that your request, for example, would impact the duty of confidentiality we owe to others, or if
we are legally entitled to deal with your request in a different way than initially requested, we will address
your request to the maximum extent possible, all in accordance with applicable law.
How we Protect your Information.
Do Not Track.
Do Not Track is a privacy preference that can be configured in certain web browsers (the “DNT Feature”); the DNT Feature, when enabled on a web browser, signals the websites you visit that you do not want certain information about your visit collected. AtPhoto does not currently respond or recognize DNT Feature signals.
If you have any complaints on our processing of your PII or if you believe that we have breached our own privacy policies or applicable law, we encourage you to contact us. However, please note that applicable EU data protection laws provide you with a right to lodge a complaint with the competent supervisory authority as well.
you shall cease any further use of the Software & Services.
How to Contact AtPhoto.
1066 The Fields
c/o Burnett and Festival Streets
Last updated: 25/5/2018