PRIVACY POLICY

We have the utmost respect for your privacy, and understand that your personal information is important to you

Photomyne Ltd. and its subsidiaries and affiliates (the “Company” and all references, as the context requires, to “we”, “us” or “our”) are committed to protecting and respecting your rights to privacy. The basis on which any personal data we collect from you, or that you provide to us, will be processed by us on a lawful basis is set forth in this privacy policy, in our Terms of Use (https://photomyne.com/terms-of-use) and the GDPR webpage (https://photomyne.com/eu-gdpr).

Please read the following carefully to understand our views and practices regarding your personal data and how we will collect, use including in respect of any use of the Services (as defined below), and disclose information. This privacy policy applies to all of the software, services, information, tools, features and functionality offered by the Company on our proprietary application known as "Photomyne" and on its website available at: photomyne.com (collectively, the "Services"). Should we ask you to provide certain personal data when using our Services, you can be assured that it will only be used in accordance with this privacy policy.

IMPORTANT: BY USING THE SERVICES, YOU GIVE YOUR CONSENT THAT ALL PERSONALLY IDENTIFIABLE INFORMATION ("PII") THAT YOU SUBMIT OR THAT IS COLLECTED THROUGH THE SERVICES, INCLUDING ANY PII RELATING TO YOUR CHILDREN, MAY BE PROCESSED BY THE COMPANY IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN THIS PRIVACY POLICY.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE SERVICES.

Photomyne will generally be the controller of your PII provided to, or collected by or for, or processed in connection with our Services.

  1. Purposes of Processing Your PII

    We will only collect and process personal data about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the Services you have requested) and “legitimate interests”.

    Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. Learn more - https://photomyne.com/eu-gdpr . If you have any questions about the lawful bases upon which we collect and use your personal data, please contact our Data Protection Officer Support@photomyne.com

    Accordingly, We process your PII only for specific and limited purposes, including the provision of the Services. We ask only for PII that is adequate, relevant and not excessive for those purposes and internally to help us improve our Services and to help resolve any problems. In particular, and without limitation, we may use information held about you in the following ways and for the following purposes:

    • To enable you to carry out the main purpose of the Services, meaning scan, save, share and safeguard your scans and to retrieve your content should anything happen we collect: (1) your mobile device configuration (for further information please see “User Information”); (2) photos you scan with the app or uploaded to the app or our website, and related details you entered; and (3) apps usage patterns (for further information please see “Traffic data collected through the Services”). All of the above mentioned PII are saved to the cloud for backup (for further information please see Section 2 “Information sharing” of this privacy police).
    • In order to provide you with information, support, products or services that you request from us or which may be of interest to you, where you have consented to be contacted for such purposes, including information about new products, features or special offers we ask you for your: (1) first and last name; (2) email address; and/or (3) telephone number. Please note that you do not have to provide the above mentioned PII but in such a case we may not be able to provide you some of the features of the Services.
    • As part of the Services, we may collect any PII that you post and/or upload and/or transmit through the Services, including, but not limited to, any photos scanned, saved and/or uploaded using the Services and any details that you provide relating to such photos, such as the names of the people (including people-tagging) in the scanned photos and where the photo is taken.
    • To enable internal record keeping.
  2. Information We Collect and How We Use It

    We will not collect or use PII for purposes other than those described in this privacy policy and/or in any other legal instrument in effect between us. If we intend to use your PII for any purposes other than those described in this privacy policy and/or in the Photomyne Terms of Use, then we will ask for your explicit consent prior to such use. You can decline to submit PII, in which case the Company may not be able to provide you with part or all of the Services.

    Furthermore, Unless stated otherwise in this privacy policy, we will not share, sell, auction off or give away your PII to any third-party or other organization without first obtaining your prior written consent.

    In order to provide our Services, we may collect the following types of information:

    • User information. When you use the Services, we may automatically receive and record information from your device and browser, including your cookie information, your country, regional and language settings, device model, operating system, IDFA, mobile carrier and software and hardware attributes.
      • Our systems may automatically record and store technical information (software, hardware and regional settings) regarding the method and nature of your use of the Services, including, without limitation, the date on which you registered to the Services, which parts of the Services our visitors view and/or use and the dates and times on which they viewed such parts of the Services, impressions, the number of views they get and any actions they make in the Services (such as when a photo was scanned, edited, or deleted, when a photo was shared and with whom, or metadata relating to photos tagged by you (e.g. captions, dates, people-tagging). For further information please see section “Traffic data collected through the Services”.
      • Third party providers that work with us use your IP address to help us with server problem diagnosis and to administer the Services. An IP address is a numeric code that identifies your device on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information. We may also perform IP lookups through third party providers to determine which domain you are coming from (i.e: aol.com, yourcompany.com) to more accurately gauge our users' demographics.
      • Subject to the acceptance of your specific consent we may share PII with third parties for their direct marketing purposes.
    • Traffic data collected through the Services. In addition to the information we collect as described above, we may use technology to collect information about the use of the Services. For example, our systems may automatically record and store browser information, exit point, usage time, platform type, operating system information, number of clicks and cookies. This technology does not identify you personally, it simply enables us to compile statistics about our visitors and their use of the Services. When you use the Services, our third party providers record information (“Log Data”), including information that your browser automatically sends whenever you visit a website, or that your mobile app automatically sends when you’re using it. This Log Data includes your browser type and settings, the date and time of your request, how you used the Services, cookie data and device data.

      In addition to Log data, we collect information about the device you’re using the Services on, including type of device, operating system, settings, unique device identifiers and crash data that helps us understand when something breaks. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.

      Furthermore, the Services contain hyperlinks to other pages, widgets and features on the Services. We may use technology to track how often these links are used and which pages, widgets and features of the Services our visitors choose to view. Again this technology does not identify you personally it simply enables us to compile statistics about the use of these hyperlinks.
    • Cookies. In order to keep you logged in to the Services we may use temporary cookies that remain on your device for a limited period of time, for as long as the Services are provided / not terminated . We may also use persistent cookies that remain on your device until the application is removed. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to and stored on your device. Cookies do not damage your device. Most browsers or devices may allow you to block cookies but you may not be able to use some features of the Services if you block them. You may set most browsers to notify you if you receive a cookie (this enables you to decide if you want to accept it or not).

      We may also use web beacons via the Services to collect information. Web beacons or "gifs", are electronic images that may be used in our Services or in our emails. We may use web beacons to deliver cookies, count visits and to tell if an email has been opened and acted upon. As mentioned below, we may use service providers or third parties services (for further information about any service provider and third parties please see Section 2 “Information Sharing” to this privacy policy) who also uses such or similar tracking technologies when you use the Services.
    • User communications. When you send email or other communication to the Company, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services. We may send you push notifications to offer you special updates in respect of the Services. You should be able to opt-out of these notifications at the device level. We may also send you newsletters and promotional communications if you joined our mailing list, you may opt-out of this service at any time by clicking UNSUBSCRIBE at the bottom of each email or by submitting a request to support@photomyne.com.
    • Links. Links to other sites and applications may be provided by the Company as a convenience to our users. The Company is not responsible for the privacy practices or the content of other sites and applications and you visit them at your own risk. We recommend you to carefully read the terms of use and privacy policies of such sites and applications. This privacy policy applies solely to PII collected by us.
    • Third Parties. We sometimes supplement the information that you provide with information that is received from third parties (see further information below under “Information Sharing”; also, at your convenience, see a list of third party service providers is available at https://photomyne.com/eu-gdpr.

      For illustration by way of an example, if you interact with Facebook and/or WhatsApp and/or any other social media network or other social media plug-in in the Services (such as a Facebook "Like" button) ("App Platforms") in connection with the Services (such as by sharing a scanned photo on Facebook or WhatsApp via the Services), we may receive information from your respective App Platform account, including your name, profile picture, email address, and any information defined as public pursuant to the policies of such App Platforms.

      You are responsible for your decision to share your photos and any other information with others, including on the App Platforms. You should check your App Platforms privacy settings to understand and change the information sent to us through the App Platforms. The Company is not responsible for the privacy practices of such third parties and/or App Platforms. We recommend you to carefully read the terms of use and privacy policies of such third parties and/or App Platforms before using their services and connecting to the Services. This privacy policy applies solely to PII collected by us.
    • Children. We care about the safety of children. Therefore the Services are not directed towards children under 18, they are not allowed to register with or use the Services, or provide PII. If you are under the age of 18 or the age of legal majority where you reside if that jurisdiction has an older age of majority, you must obtain parental consent (or consent from your legal guardian) prior to using our Services. We do not knowingly contact or engage with children under the age of 18 (or the age of legal majority where you reside if that jurisdiction has an older age of majority) without said parental consent (or consent from your legal guardian). If you have reason to believe that a child under the said age has provided us with their PII, please contact us at the address given above and we will endeavor to delete that PII from our databases.

      If you are a parent or guardian who knows or has discovered that your child under the age of 18 or someone else has submitted your child’s PII or other information without your consent, permission, or authorization; upon request, we will promptly remove your child’s PII or other information from our database, cease the use of such information and direct any other party with access to such information to do the same.

      If you have a firm and reasonable basis to believe that photos of any children that you have discovered were not submitted appropriately, please contact us at the address given above and we will consider conducting necessary actions to protect the children’s rights, including contacting the person submitted such photos or delete them.
    • Maintenance. The Company uses the PII that you provide or that we collect to operate, maintain, enhance, and provide the Services.
    • Analysis. The Company uses PII that you provide or that we collect under the terms of this privacy police to understand the usage trends and preferences of our users, to improve the way the Services work and look, and to create new features and functionality.
  3. Information sharing

    Photomyne is a worldwide service. By providing any PII to us pursuant to this privacy policy, all users, including, without limitation, users in the United States, Israel and member states of the European Economic Area (“EEA”), fully understand and unambiguously consent to this privacy policy and to the collection and processing of such PII in Israel and abroad. The server on which the Services are hosted and/or through which the Services are processed may be outside the country from which you access them and may be outside your country of residence. Some of the uses and disclosures mentioned in this privacy policy may involve the transfer of your PII to various countries around the world that may have different levels of privacy protection than your country.

    We take additional measures when information is transferred from the European Economic Area (EEA). This includes having standard clauses approved by the European Commission in our contracts with parties that receive information outside the EEA. We also rely on European Commission adequacy decisions about certain countries, as applicable, for data transfers to countries outside the EEA. By submitting your PII through the Services, you consent, acknowledge, and agree that we may collect, use, transfer, and disclose your PII as described in this privacy policy. In this regard please see our GDPR webpage available at https://photomyne.com/eu-gdpr. Nevertheless, the Company only shares PII with other companies or individuals in the following limited circumstances:

    • As required for the provision of the Services, including, without limitation, sharing information with payment service providers and other service providers (including for analysis and statistics), and with App Platforms, all on our behalf based on our instructions and in compliance with this Privacy Policy and applicable law, which are currently App Store, Google Play and Zooz.
    • The Photomyne servers that are used to store your PII are owned and hosted by Amazon Web Services, Inc., a subsidiary of Amazon.com (their privacy policies and practices may be found at http://aws.amazon.com/privacy/) and Google Cloud Platform (GCP) (their privacy policy and practices may be found at https://policies.google.com/privacy).
    • In order to see list of third parties service providers and their compliance to EU General Data Protection Regulation 2016/679 (the “GDPR”) please see: https://photomyne.com/eu-gdpr.
    • You may choose to share your photos and other PII with others on or through the Services. In addition, your scanned photos, other PII, and any other information that you voluntarily post on the Services, such as through your profile, may become visible by the public on the Services, subject to any applicable privacy settings that you set. If you do not want your scanned photos or other PII or information to be visible by others on the Services, please be sure to set your privacy setting on your phone to "Private". Once you have shared your photos and other PII or information with others (via various channels available through the application), or set your privacy setting to "Public", it may be re-shared by others. You are solely responsible for your decision to share your scanned photos and other PII and information with others and/or to make your scanned photos and other PII and information visible by others.
    • We have your consent.
    • We provide PII to trusted service provider for the purpose of processing PII on our behalf in Israel and/or abroad. We require that these parties agree to process such PII based on our instructions and in compliance with this privacy police, any applicable law and any other appropriate confidentiality and security measures. With respect to service providers compliance to the GDPR please see our GDPR statement available at https://photomyne.com/eu-gdpr.
    • We have a good faith belief that access, use, preservation or disclosure of such PII is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request; (b) enforce applicable agreements and/or their terms, including investigation of potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against imminent harm to the rights, property or safety of the Company, its users or the public as required or permitted by law.
    • If we become involved in a merger, acquisition, or any form of sale of some or all of our assets or in the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, you will be notified on a best efforts basis via email and/or a prominent notice on our website, of any change in ownership, uses of your PII, and choices you may have regarding your PII. In any of the circumstances above, your PII will continue to be used in accordance with this Privacy Policy.
    • We obtain assurances from our agents that they will safeguard PII through measures consistent with this privacy policy and further privacy measures and protocols. Where we have knowledge that an agent is using or disclosing PII in a manner contrary to this privacy policy, we take commercially reasonable steps to prevent or stop the unauthorized use or disclosure.

    If you do not consent to the terms of this privacy policy, please do not use the Services.

  4. Information security

    We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of PII. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security.

    • We strive to maintain the reliability, accuracy and completeness of PII that we collect and to protect the privacy and security of our users. We keep your PII only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
    • We limit access to PII about you to employees, contractors and service provider who we believe reasonably need to come into contact with that PII. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
    • We have physical, electronic, and procedural security measures and safeguards to reasonably protect PII. Our servers and our databases are protected by industry standard security technology, such as industry standard firewalls and password protection.
    • Although we cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data, we try to prevent such unfortunate occurrences, including by implementing corporate procedures in this regard. If you have reason to believe that your use of the Services is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.
  5. Data integrity, accessing and updating personal information

    The Company processes PII only for the purposes for which it was collected and in accordance with this privacy policy or any applicable service agreements. We review our data collection, storage and processing practices to ensure that we only collect, store and process the PII needed to provide or improve our Services. We take reasonable steps to ensure that the PII we process is accurate, complete, and current, but we depend on our users to update or correct their PII whenever necessary. Nothing in this privacy policy is interpreted as an obligation to store information, and we may, at our own discretion, delete or avoid from recording and storing any and all information.

    • Upon receipt of your written request and enough information to permit us to identify your PII, in accordance with the instructions further detailed here https://photomyne.com/eu-gdpr, we will disclose to you the PII we hold about you. Upon your request, we will also correct, amend or delete any PII that is inaccurate and notify any third party who received this PII from us of the necessary changes.
    • We do not charge for complying with a correction request, however, for all other requests, we may charge a small fee to cover its costs. Requests to delete PII are subject to any applicable legal and ethical reporting or document retention obligations imposed on the Company.
    • We ask individual users to identify themselves and the PII requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required.
  6. Enforcement

    The Company regularly reviews its compliance with this privacy policy. Please feel free to direct any questions or concerns regarding this privacy policy or our treatment of PII by contacting in accordance with the “Contacting Us” section below. When we receive formal written complaints it is the Company's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of PII that cannot be resolved between the Company and an individual.

    If you're based in the European Economic Area and think that we haven't complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commission in the United Kingdom or with your local supervisory authority.

  7. Questions

    If you have any questions about this privacy policy, concerns about the way we process your PII, or if you wish to delete all information regarding your use of the Services, please contact us at support@photomyne.com

  8. Your California Privacy Rights and Do Not Track Notices

    California Civil Code Section 1798.83 permits customers of Company who are California residents to request certain information regarding its disclosure of PII to third parties for their direct marketing purposes. To make such a request, please send an email to support@photomyne.com. Please note that we are only required to respond to one request per customer each year. You are also advised that Company does not respond to “Do Not Track” signals.

  9. Updates to this Privacy Policy

    We may update this privacy policy from time to time without notification. Nevertheless we will notify you about significant changes in the way we treat PII by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Services. We encourage you to periodically review this privacy policy for the latest information about our privacy practices. Please take a look at the “LAST UPDATED” legend at the botom of this page to see when this privacy policy was last revised. Any changes to this privacy policy will become effective when we post the revised privacy policy on the Site. Your use of the Services following these changes means that you accept the revised privacy policy.

  10. Contact us

    If you have any questions about this privacy policy, please feel free to contact us at support@photomyne.com.

Last Updated: May 23, 2018
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