We have the utmost respect for your privacy, and understand that your personal information is important to you
IMPORTANT: BY USING THE SERVICES, YOU GIVE YOUR CONSENT THAT ALL PERSONALLY IDENTIFIABLE INFORMATION ("PERSONAL DATA") THAT YOU SUBMIT OR THAT IS COLLECTED THROUGH THE SERVICES, INCLUDING
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE SERVICES.
Data We Collect. When you use the Services, we may collect your Personal Data that you post and/or upload and/or transmit through the Services, including device information for the following purposes:
- to enable you to carry out the main purpose of the Services, for example to scan, save, share and safeguard your scans and to retrieve your content should anything happen and in respect of "FamilyTree by Photomyne" app also to submit information regarding your family tree;
- to improve the user experience, such as providing you with information, support, products or services that you request from us or which may be of interest to you;
- to improve our Services and to help resolve any problems when you send email or other communication to us;
- 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;
- to enable internal record keeping.
For statistical and analytical purposes, we use only de-identified or aggregated data such as technical and traffic data, which cannot be associated with you.
You Are in Control. We take reasonable steps to ensure that the Personal Data we process is accurate, complete, and current, but we depend on our users to update or correct their Personal Data whenever necessary. Upon receipt of your
written request and enough information to enable us to identify you and connect you to your Personal Data, we will disclose to you the Personal Data we hold about you. Upon your request, and subject to applicable law, we will also
correct, amend or delete any Personal Data that is inaccurate and notify any third party who received this Personal Data from us of the necessary changes.
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.
- Your Data is Safe. We take generally accepted technical and organizational measures to protect your Personal Data from unauthorized access, unauthorized alteration, misuse or destruction.
Save Data Transfer. 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. Most of the
information is saved to the cloud for backup.
Some of the uses of the Personal Data may involve the transfer of your Personal Data to various service provider of us, established in countries around the world that may have different levels of privacy protection than your country. However, 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.
Here is a list of our main service providers.
- 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 Personal Data. If you have reason to believe that a child under the said age has provided us with their Personal Data, please contact us at email@example.com. and we will endeavor to delete that Personal Data from our databases.
Processing Your Personal Data
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 and/or https://photomyne.com/ccpa. If you have any questions about the lawful bases upon which we collect and use your Personal Data, please contact our Data Protection Officer at Support@photomyne.com
We process your Personal Data only for specific and limited purposes, including the provision of the Services. We ask only for Personal Data that is adequate, relevant and not excessive for such purposes and internally to help us improve our Services and to help resolve any problems. The specific purposes of the different types of Personal Data collected are listed in Section 2 ("Information We Collect and How We Use It") below.
Information We Collect and How We Use It
In order to provide you with our Services, we may collect the following types of information:
Personal Data you provide us directly
General Information: If you choose to sign up to our Photomyne Apps, in order to use a wider range of Services, or when communicating with us we may collect the following Personal Data. Please note that you do not have to provide the below mentioned Personal Data, but in such a case we may not be able to provide you some of the features of the Services.
- Your first and last name (optional)
- Email address (optional)
- Telephone number (optional)
- User communications. When you send email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services.
Why? 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 marketing and technical information about new products, features or special offers.
Scanned photos and other submitted content: When you use the Services, you may choose to provide the following Personal Data:
- Photos, slides, videos and/or negatives you scan with the Photomyne Apps
- Videos that you create or submit for digitization or upload
- Any details that you provide relating to such photos, slides and/or negatives such as the names of the people (including people and face tagging) in the scanned photos, slides and/or negatives and where the photo, slide and/or negative is taken and text where you can choose what to write
- Voice recordings and audio information, which is a feature that may be available to you in some of the Services.
- In the "FamilyTree by Photomyne" app also birthday details and family relationship details and other family tree information or information regarding family members.
Why? Mainly in order 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.
Personal Data we collect automatically
- Your mobile device configuration (primarily country/time zone & language settings).
- Your IP address and unique device identifiers (e.g. IDFA).
- Information about your mobile carrier.
- Information about your device model, operating system settings, unique device identifiers and crash data that helps us understand when something breaks.
- Software and hardware attributes.
Cookie information. In order to keep you logged in to the Services/Photomyne Apps 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).
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.
Why? to improve the user experience, such as device/geographic oriented messages, easy access to web, languages of the app and notifications, and timing of messages related to your local time to operate, maintain and provide the Services, including in order to administer the Services.
App Usage Patterns: When you use the Services, we or our third-party providers, automatically collect and record information regarding the method and nature of your use of the Services, including among others:
- The date on which you registered to the Services
- The parts of the Services you view and/or use and the dates and times on which they were viewed.
- Impressions, the number of views they get.
- Any actions you make in the Services, such as when a photo, slide and/or negative was scanned, edited, or deleted, when a photo, slide and/or negative and/or video.
- Any metadata relating to photos, slides and/or negatives tagged by you (e.g. captions, dates, people-tagging).
- Other traffic data. For example, our systems may automatically record and store browser information, exit point, usage time, number of clicks and cookies.
- 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. For further information please see Section 4 ("Links to third party websites") below.
This technology does not identify you personally unless you choose to identify yourself, it simply enables us to compile statistics about our visitors and their use of the Services and any hyperlinks.
Why? 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, to improve the user experience, such as providing you with information, support, products or services that you request from us or which may be of interest to you.
Information we obtain from third parties
We sometimes supplement the information that you provide with information that is received from third parties (see further information below under Section 3 ("Third Parties processing your Personal Data") below); also, at your convenience, a list of third party service providers is available at https://photomyne.com/eu-gdpr and/or list of the categories shared with third parties which is available at https://photomyne.com/ccpa.
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, slide and/or negative 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.
Why? to provide service, offer login options, provide emails for marketing and notification purposes.
Internal Record Keeping
To enable internal record keeping we keep the Personal Data obtained by you or by third parties, as detailed above.
Information We Don’t Collect
- Your mobile device’s location.
- Any personal information on your mobile device unrelated to the Services, (including other photos on your device, contacts, calendars, phone calls, messages, etc.
Why? Because it’s none of our business 😊
Third Parties Processing Your Personal Data
Information Shared With Third Parties
- 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 Personal Data such as name and app events with third parties for support and diagnostic purposes or in order to provide us with reports and insights on how to optimize our promotional campaigns and to find people on different platforms that might be interested in our Service.
- In order to see a list of third party service providers and their compliance to EU General Data Protection Regulation 2016/679 (the “GDPR”) please see: https://photomyne.com/eu-gdpr. In order to see the list of categories shared with third parties service providers please see: https://photomyne.com/ccpa
Nevertheless, the Company only shares Personal Data with other companies or individuals in the following limited circumstances:
- We have your consent.
We provide Personal Data to trusted service provider for the purpose of processing Personal Data on our behalf in Israel and/or abroad. We require that these parties agree to process such Personal Data based on our instructions and in
statement available at https://photomyne.com/eu-gdpr and/or the CCPA statement available at https://photomyne.com/ccpa
We have a good faith belief that access, use, preservation or disclosure of such Personal Data is reasonably necessary to:
- satisfy any applicable law, regulation, legal process or enforceable governmental request;
- enforce applicable agreements and/or their terms, including investigation of potential violations thereof;
- detect, prevent, or otherwise address fraud, security or technical issues; or
- protect against imminent harm to the rights, property or safety of the Company, its users or the public as required or permitted by law.
Links to Third Party Websites
Aggregated Personal Data
In an ongoing effort to better understand and serve the users of the Services, Photomyne often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Photomyne may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Photomyne may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
How Long We Hold Personal Data For
In all circumstances, Personal Data will be retained in accordance with the GDPR requirements, as following:
- for no longer than is necessary in relation to the purposes for which such Personal Data was collected or otherwise processed, including for the purpose of ensuring your photos and videos are saved and backed up for easy retrieval, should you need it (e.g. providing you with the Services); or
- In the event you withdraw your consent and there are no more legitimate grounds for the processing.
- Please be aware that If you remove or delete data from your account, you will no longer see it in the Photomyne Apps, but some backups of the data may remain in our archive servers for a reasonable period of time due to technical solutions we use.
- If you wish to change this default setting, you’re welcome to contact us and request that we permanently delete your information, in accordance with the “Contacting Us” section below.
- Please note that we will also retain your Personal Data as necessary to comply with legal obligations, resolve disputes and enforce our agreements. Once data is no longer lawfully required it will be destroyed securely.
- In all circumstances, Personal Data will be retained in accordance with the GDPR requirements, as following:
Important Information About Sharing Your Photomyne Photos
The Photomyne apps offer various ways to share the photos you scanned or videos you submitted or uploaded. Once you have shared your photos, slides, negatives and other Personal Data 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, slides, negatives and other Personal Data and information with others and/or to make your scanned photos, slides, negatives and other Personal Data and information visible by others.
In addition, your scanned photos, slides, negatives, other Personal Data, 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, slides, negatives or other Personal Data or information to be visible by others on the Services, please be sure to set your privacy setting on your phone to "Private".
Here is an explanation of what it means to share one or more photos or videos, in terms of your privacy and your produced content.
Publishing a photo or video on the Photomyne App’s ‘Discover’ feed
Posting a photo or video onto the app’s Discover’ section means that it will be public and visible to people online, outside of the app. Such photos and videos could also find their way to strangers on the web. We have no control over how other people may interact with your published photo or video (taking a screenshot, downloading the photo or video, etc.). Please keep that in mind before publishing a photo or video or any other content onto the ‘Discover’ feed.
Sharing photos or videos with the Photomyne Apps (generated web link)
Choosing to share photos or videos through the app’s sharing option generates a unique web link which you can then pass on to your contacts and recipients. Anyone with that web link can have access to the photos or videos you shared. We have no control over how other people you shared your photos or videos with via the web link may interact with your content (taking a screenshot, downloading the photo or video, etc. or passing the web link on to others). This means it’s possible that your shared photos or videos could find their way to strangers on the web. To minimize the risk of inappropriate use of your content, the generated web link will work for a maximum of 1 year (365 days), after which it will become invalid.
Sharing photos or videos by creating a family website
Inside the app, you can create a photo and video gallery website, showcasing the photos you scanned with the app and videos you provided. When you share your family website with others, they will have access to your website, and may pass its content or its address on to others. We have no control over how other people may interact with your content or the website. This means it’s possible that your family website or its content could find its way to strangers on the web. There is an option to add a 4-digit password protection to your family website, but please keep in mind that this DOES NOT constitute guaranteed protection of your content’s privacy.
- We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of Personal Data. 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 Personal Data, we cannot guarantee its absolute security.
- We have physical, electronic, and procedural security measures and safeguards to reasonably protect Personal Data. Our servers and our databases are protected by industry standard security technology, such as, encryption, industry standard firewalls and password protection.
- We limit access to Personal Data about you to employees, contractors and service providers who we believe reasonably need to come into contact with that Personal Data. 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 strive to maintain the reliability, accuracy and completeness of Personal Data that we collect and to protect the privacy and security of our users. We keep your Personal Data 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.
- Please understand that you can help keep your information secure by choosing and protecting your password appropriately, not sharing your password and preventing others from using your mobile device.
- 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.
Your Privacy Rights: Data Integrity, Accessing and Updating Personal Data
- Upon receipt of your written request and enough information to permit us to identify you and your Personal Data, in accordance with the instructions further detailed here https://photomyne.com/eu-gdpr and here https://photomyne.com/ccpa (this is made to ensure that no rights of third parties are violated by your request), we will disclose to you the Personal Data we hold about you. Upon your request, we will also correct, amend or delete any Personal Data that is inaccurate and notify any third party who received this Personal Data 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 Personal Data are subject to any applicable legal and ethical reporting or document retention obligations imposed on the Company.
- 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.
- Furthermore, we commit to notify you, when it is needed under applicable law, within a reasonable period of time and your data protection authority within the timeframe specified in applicable law about personal data breaches related to your Personal Data.
Your California Privacy Rights and Do Not Track Notices
As we mentioned above, the CCPA permits customers of Company who are California residents to request certain information regarding its disclosure of Personal Data to third parties for their direct marketing purposes. For more information please see: https://photomyne.com/ccpa. To make such a request, please send an email to firstname.lastname@example.org. You are also advised that we do not respond to “Do Not Track” signals.
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 Personal Data. 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 Personal Data, please contact us at the address given below and we will endeavor to delete that Personal Data 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 personal data or other information without your consent, permission, or authorization; upon request, we will promptly remove your child’s Personal Data 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 below and we will consider conducting necessary actions to protect the children’s rights, including contacting the person submitted such photos or delete them.
Communications and Notifications
Upon your approval, we may send you push notifications to offer you special updates or marketing 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 email@example.com.
If applicable laws prescribe so, certain exclusions may apply to the residents of some countries regarding an active opt-in for any email communications from us. We may ask such users to provide their consent for any such communications at the registration screen or separately.
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.