Fotovea Privacy Policy

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    Introduction

    Apart from General Terms and Conditions, Fotovea respects any privacy of natural persons and the relevance of the information you have disclosed by Fotovea application. Please find below the description of basic policies and rules concerning Fotovea application (as defined in Term and Conditions) that mean our protocol for collecting, using, sharing, retaining, protecting, transferring and disclosing these data. You may post and share photos, as well as add comments to images of other Users through the Fotovea application. You may upload your photos into Fotovea contest (as defined in Terms and Conditions) should your User Submissions (as defined in Terms and Conditions) are exposed to the crowd voting, expert jury, designated User, partner and sponsors, or algorithms of Fotovea application for assessment and comparison with other Users submissions.

    Please note that you may use the Fotovea application only should you agree with this Privacy Policy that may include updates or amendments hereto. Please note, that while using the Fotovea application, you agree to the terms of this Privacy Policy, and it is your responsibility to consult this Privacy Policy regularly for any changes that may be made by the Fotovea application without any notice and at any time through the Fotovea application.

    This includes processing activities that are conducted or initiated outside of Switzerland but actually or potentially adversely affect the privacy rights of individuals in Switzerland. According to established case law, the protection of personal data territorially applies to investigation proceedings of the Switzerland national data protection authorities. Please note that the criminal law provisions of the FADP (Articles 34–35) apply to offences committed in Switzerland (criminal law principle of territoriality).

    What information do we collect?

    Should you use the Fotovea application we may request for a personal information, such as your name, address, phone number, or e-mail address in order to provide you with the desired scope of services.

    We may collect information that may identify you (‘personal data’), such as your name and email address, profile photograph, websites relating to you, and any other description of you.

      1. should you provide it to us when registering for, or using the Fotovea application and/or services or in some other manner (for example, when you respond to any surveys we may conduct; when making Crowd comments on other users’ photos; when messaging other users, when providing information in order to enter a contest or award);
      2. from our business partners and/or from other third parties;
      3. when you complete your user profile or other pages that allow voluntary provision by you of information about you; and/or
      4. when you upload images to the site, through the extraction of EXIF or IPTC data or other embedded metadata within or attached to the image.

    We may combine the personal information that we receive from different sources. In addition, our server logs automatically collect technical information (information that is about you, but does not identify you as an individual), such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users’ movements around the Fotovea application and understand trends. We may assign your computer by one or more cookies which may collect information to facilitate access to the Fotovea application and to personalize your online experience. Please consult our Cookies Policy for further details.

    Your privacy rights

    You have the right to access your data at any time, pursuant to Articles 15 – 22 of the GDPR EU Regulation. In particular, you may request access (Article 15 of the GDPR EU Regulation), correction (Article 16 of the GDPR EU Regulation), deletion (Article 17 of the GDPR EU Regulation), limitation of processing of the data in the cases provided for by Article18 of the GDPR EU Regulation, to obtain the portability of data concerning you in situations provided for by Article 20 of the GDPR EU Regulation, as well as making a complaint to the competent supervisory authority (Guarantor for the Protection of Personal Data). You also have the right to withdraw your consent, if released, at any time, pursuant to Article 7 of the GDPR EU Regulation; it is specified that the withdrawal of consent does not prejudice in any case the lawfulness of the treatment based on the consent prior to the revocation.

    Age restriction

    The Fotovea application shall not be used children under 15 years of age. No one under that age may provide any personal information throughout the Fotovea application. We do not knowingly and voluntarily collect personal information from children under the age of 15. If you are under 15, do not use this website, register for our services, use any of the interactive or Crowd comment features, or provide any information about yourself to us. Should we learn that we have collected or received personal information from a child under the age of 15, we will delete that information. Should you believe, we might have information from or about a child under the age of 15, do not hesitate to contact us at privacypolicy email.

    Where data is not obtained directly from you but from a third party, these are categories data that may be collected: individuals’ contact details, educational background, financial and payment details, details of certificates and diplomas, education and skills, marital status, nationality, job title and other data that are included in standard forms of CVs forms. Sources for such data may include the third party’s databases and public sources.

    We may allow third-party advertising companies, affiliates, or advertising networks to display advertisements in the Fotovea application. We do not provide any personal information concerning you to these companies whatsoever. Should you link through to these companies via their advertisements, they may use tracking tools, such as cookies, collect information about the computers used to view or interact with their website(s). Should you post personal information about yourself or others, or communicate with others using the Fotovea application, please note that the Fotovea application works in general in the manner that we may not control who reads your postings or what they do with any personal information you provide. We encourage you to consider the data protection while posting any personal information in any third-party application.

    Legal basis for the processing

    Our processing of personal data will satisfy at least one of the following processing conditions:

      1. Consent – you have given consent to the processing for one or more specific purposes. You have the right to withdraw this consent at any time but this will not affect the lawfulness of processing based on consent before its withdrawal;
      2. Necessary for performance of a contract – The processing is necessary for the performance of a contract with you or in order to take steps at your request prior to entering into a contract. Where this ground applies the provision of the information is a contractual requirement and should you fail to provide this, we will be unable to provide the services that you have requested;
      3. Legitimate interests – The processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data. Legitimate interests include transfer of data for internal administrative purposes, market research activities, direct marketing purposes, preventing fraud, ensuring network and information security and reporting criminal acts or threats to public security.

    How we use your information

    We use this information to provide you with services we make available on this site or otherwise or to facilitate your use of the site and our services. We also use information to help us analyze how people are using our site so that we may continue to improve the user experience. In relation to the purposes, the processing of personal data takes place using manual, computerised and telematic tools with logic strictly related to the purposes themselves and, in any case, in such a way as to guarantee the security and confidentiality of the data, in addition to compliance with specific obligations sanctioned by the law.

    We collect information about you to provide our services, manage your account and, should you agree, to email you about other products and services we think may be of interest to you. We use the information concerning your behaviour collected from the website to personalise your repeated visits to Fotovea application. Should you expressly consent, we shall pass on your personal information to our Group of companies so that they may offer you their products and services or to any third parties for unfixed terms. While providing our services, we may send your details to, and also the information from credit reference agencies and fraud prevention agencies.

    We may also use your personal and/or technical information to:

      1. process payment for services you order via the Fotovea application;
      2. customize the advertising and the content that you see on our website;
      3. manage your account and your preferences and to communicate with you about these matters;
      4. notify you about changes to the Fotovea application and/or any services we offer or provide through this application;
      5. enable you to participate in interactive features in the Fotovea application;
      6. identify and protect you against any fraudulent transactions and other misuses of our website;
      7. implement our Terms and Conditions;
      8. promote or market the Fotovea application and services (for example through press releases or marketing activity related to competition winners);
      9. enable the access to certain of your personal information to third parties that collaborate with us in Fotovea contests, provided that such third parties will not be authorised to share such information with any other third party, and that you will be able to opt-out from all communications emanating from any such third party collaborators.

    How long do we keep your information

    We will generally keep your personal data for a minimum of 10 years, should this be no longer required for any legal and/or administrative purpose(s). Should you consent to any third-party marketing activities, any information we use for this purpose will be kept by us until you notify us that you no longer wish to receive this information.
    Your Personal Data will be kept only for the time necessary for the purposes for which they are collected, respecting the principle of minimization referred to in Article 5(1) point (c) of the GDPR and considering the type of product or service offered. In any case, storage for marketing purposes will not exceed 24 months time-limit.

    What are your rights?

    Please note that you have the right to request a copy of the information that we hold about you via a subject access request. Should you like a copy of some or all your personal information, please email us at support@fotovea.com providing an email address to which the information should be sent. We may use reasonable means to verify the identity of the person making the request. Should we hold a large quantity of data, we may ask you to specify the information or processing activities to which the request relates. We will provide an electronic copy of the information free of charge, but we may charge a reasonable, administrative-cost fee should further copies are requested.

    We will respond to subject access requests within a month. We may extend this by a further two months should the request is complex or should we have received many requests. We may refuse to respond to the request should this is clearly and undoubtedly unjustified or excessive (or charge an administrative fee). We may refuse a request where this is not made for the purpose of allowing you to be aware of and verify the lawfulness of the processing we are carrying out. We may withhold personal data such disclosure should adversely affect the rights and freedoms of others, e.g. involving the conduct of a business in, for example, intellectual property rights, trade secrets and confidential information.

    We want to make sure that your personal information is accurate and up to date. Should at any moment you believe the information we process on you is incorrect you have the right to have it deleted in the following circumstances (‘right to be forgotten”):

      1. you must have objected to the processing and (other than in relation to objections to direct marketing) there are no overriding legitimate grounds to justify the processing;
      2. the personal data is no longer needed for the purpose for which it was collected or processed;
      3. you withdraw your consent and there are no other grounds for the processing;
      4. the personal data is unlawfully processed; or
      5. there is a legal obligation to erase the personal data.

    We do not need to comply should the processing is necessary for rights of freedom of expression or information or for compliance with a legal obligation under law or in certain other limited circumstances permitted by an applicable law.

    In certain circumstances you have the right to object to the processing of your personal data. We will comply with the request where our processing is for direct marketing purposes or based on the processing conditions of public interest or legitimate interests. We will not comply where the processing is for legal claims or based on a compelling legitimate interest which overrides your interests.

    Data transfers

    We may transfer data outside of the European Union. Where rules or prohibitions apply to any such transfer, we will comply with any necessary legal requirements, including the use of consent, model contracts, binding corporate rules, codes of conduct or certification and minor transfers, or other means available from time to time as well as that the processing will take place according to one of the methods permitted by the law in force, such as the consent of the interested party, the adoption of Standard Clauses approved by the European Commission, the selection of subjects adhering to international programs for free circulation of data (e.g. EU-USA Privacy Shield) or operating in countries considered secure by the European Commission.

    Your choices

    You may choose:

      1. not to provide personal information, although that will result in your inability to register with us and therefore obtain certain services or use certain features of the Fotovea application;
      2. to stop receiving promotional emails or newsletters from us by using the opt out mechanism detailed on the communication or sending an email to the contact address at the bottom of this policy or adjusting your notification settings on the website;
      3. to delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of the Fotovea application may not function properly.

    Security

    We take appropriate physical, electronic and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.

    Changes to our privacy policy

    We may occasionally update this policy to reflect changes in our practices and services. If we make material changes in the way we collect, use, or share your personal information, we will post notice of the changes in the Fotovea application.

    How to contact us

    If you have any questions about our privacy policy or our information practices, please contact us by email at the following address: privacypolicy email.

    Do not forget to validate

    You may not be registered to search or view public photos; however, you must be a registered to post photos, use our services and/or submit images to Fotovea Contests.

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