We have the utmost respect for your privacy, and understand that your personal information is important to you
IMPORTANT: BY USING THE SERVICES, YOU ACKNOWLEDGE THAT ALL PERSONAL IDENTIFIABLE
INFORMATION ("PERSONAL DATA")
THAT YOU SUBMIT OR THAT IS COLLECTED THROUGH THE SERVICES, INCLUDING ANY PERSONAL DATA RELATING TO YOUR
BY USING THE SERVICES, YOU GIVE YOUR CONSENT THAT ALL PERSONALLY
YOU ARE NOT LEGALLY REQUIRED TO PROVIDE US WITH PERSONAL INFORMATION, HOWEVER, USE OF THE SERVICES REQUIRES THAT YOU PROVIDE PERSONAL INFORMATION. IF YOU CHOOSE TO WITHHOLD ANY PERSONAL INFORMATION REQUIRED IN RESPECT THEREOF, IT WILL NOT BE POSSIBLE FOR YOU TO USE THE SERVICES.
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;
- 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.
You Are in Control. You may ask to access, modify, correct, erase, and update your Personal Data by writing to us at firstname.lastname@example.org.
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.
To learn more about how to exercise your rights, to the extent applicable, please review our GDPR webpage and/or our Supplemental US Privacy Notice.
- 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.
- 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. We use third party providers for live-chat and email services. Some of the uses of the Personal Data may involve the transfer of your Personal Data to various service providers 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.
- 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. Regardless, you must ensure that you have in place all consents, permits, and approvals regarding any children Personal Data.
- Marketing. We may use Personal Data in order to send you push notifications to offer you special updates or marketing in respect of the Services.
- Information Sharing. We may share your Personal Data with third parties who assist us in providing the Services. We have a contract with those third parties to govern their processing on our behalf. We may also transfer Personal Data to comply with any obligations by which we are bound.
1. Processing Your Personal Data
We will only collect and process Personal Data about you where we have lawful basis. We rely on the following legal grounds:
For the fulfilment of contractual obligations. Mainly, in order to provide you with the Services, and information or support that you request from us.
For the pursuit of our legitimate interests. To the extent necessary, we may process your Personal Data beyond the performance of the actual Services, in order to protect the legitimate interests of Photomyne or third parties. This includes our commercial interests, including our interest in improving the Services and protecting the security and integrity of the Services and internal record keeping.
Due to legal obligation. We may be obligated to process some of your Personal Data to comply with applicable laws and regulations.
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.
If you have any questions about the lawful basis upon which we collect and use your Personal Data, please contact our Data Protection Officer at firstname.lastname@example.org.
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. 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.
2. 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
- 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:ı When you use the Services, you may choose to provide the following Personal Data (“Materials”):
- Photos, slides, videos, paintings, images, negatives and/or any other information you scan with the Photomyne Apps or upload to the Photomyne Apps.
- Videos that you create or submit for digitization.
- Any details that you provide relating to the aforementioned materials such as the names of the people (including face tagging), locations and any other text/information you choose to provide.
- Voice recordings and audio information, which is a feature that may be available to you in some of the Services.
- Birthday 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 Materials, and to retrieve your content should anything happen.
Personal Data we collect automatically
- Your mobile device configuration (primarily country/time zone & language settings).
- Depending on your device operating system and your setting preferences, we might collect 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.
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 or used.
- Any actions you make in the Services, such as when Materials were scanned, edited, shared, or deleted. This includes the number of times a user used the uploading to Google Photos functionality. For further information please see Section 4 ("Connecting to ‘Google Photos’") below.
- Other traffic data. For example, our systems may automatically record and store browser information, exit point, usage time, number of clicks.
- 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 6 ("Links to third party websites") below.
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 5 ("Third Parties processing your Personal Data") below).
For illustration by way of an example, if you interact with Apple and/or Google and/or any other platform or other social media plug-in in the Services ("App Platforms") in connection with the Services (such as by logging in with your Google account), 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 and improve part of our Services, 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 exact 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 😊
3. Important Information About Sharing Your Photomyne Materials
The Photomyne Apps offer various ways to share the Materials you scanned or uploaded. Once you have shared your Materials and other Personal Data or information with others (via various channels available through the Photomyne Apps), or submitted Materials for public use, it may be re-shared by others. You are solely responsible for your decision to share your Materials and other Personal Data and information with others and/or to make your Materials and other Personal Data and information visible by others.
In addition, your Materials, 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, if you choose to share such data using one of the methods described herein.
Here is an explanation of what it means to share Materials, in terms of your privacy and your produced content.
Posting or submitting Materials for public display
Posting or submitting Materials for public display through the Photomyne Apps means that they will be public and visible to people online, outside of the Photomyne Apps. Such Materials could also find their way to strangers on the web. We have no control over how other people may interact with your published Materials (taking a screenshot, downloading the photo or video, etc.). Please keep that in mind before posting or submitting such Materials or any other content for public use.
Sharing Materials through the Photomyne Apps (generated web link)
Choosing to share Materials through the Photomyne Apps’ 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 Materials you shared. We have no control over how other people you shared your Materials 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 Materials could find their way to strangers on the web. To minimize the risk of unauthorized 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 Materials by creating a family website
Inside some of the Photomyne Apps, you may create a gallery website, showcasing the Materials. 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.
Sharing Materials by using the Photomyne Share App
Choosing to share Materials through the Photomyne Share App ("Photomyne Share") generates a unique code which you can then pass on to your contacts and recipients. Anyone with that code can have access to the Materials you shared through Photomyne Share. We have no control over how other people you shared your Materials with via Photomyne Share may interact with your content (taking a screenshot, downloading the photo or video, etc. or passing the code on to others). This means it’s possible that your shared Materials could find their way to strangers on the web. To minimize the risk of unauthorized use of your content, the generated unique code will work for a maximum of 24 hours, after which it will become invalid.
4. Connecting to ‘Google Photos’
Our Services enable you to upload your Materials to your Google Photos account from within the Photomyne Apps. To start uploading photos to Google Photos, you have to configure access to your Google Photos account first.
Once you have connected to your Google Photos account and in order to upload your Materials, you will be asked to give Photomyne permission to add photos to your Google Photos account.
WHY? In order for us to be able to upload the Materials you selected and prevent you from adding the same image more than once to avoid duplications.
This action does not grant Photomyne access to your existing photos at Google Photos other than the Materials uploaded through Photomyne. This is following a security protocol set by Google.
To disconnect Photomyne from Google Photos, go to the ‘Settings’ window in the app and click the ‘Disconnect from Google Photos’ button.
Once the authorization is granted, we will also receive your full name, Gmail address and Gmail account picture which will be presented in the ‘Settings’ window in the Photomyne Apps to inform you whether or not you are connected to your Google Photos account. Furthermore, if you're an Android user your Gmail address might be used as part of the ‘Google Sign In’ process should you decide to sign in or re-connect to your Google Photos account this way. We will not use this information for any other purpose.
5. Third Parties Processing Your Personal Data
- 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.
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.
- 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.
- We use third party live-chat services who will process Personal Data that you submit when using chat features on the Services. We also use third party service providers for email services, who process Personal Data included in or attached to email correspondences you have with us.
Below you can find a list of the categories of our service providers by whom Personal Data may be processed or
transferred to and for what purposes.
CATEGORY OF RECIPIENT / SERVICES REASON FOR TRANSFER Infrastructure and storage
- Secured storage of all Personal Data when you use the Services.
- Backup of all data.
- Data management.
- Technical support.
- Authentication and authorization services.
Customer Service and Communications
- To provide customer service.
- To reach out to you with our newsletter, surveys and notifications.
- To obtain customer feedback.
- Email services.
- Live chat services.
Analytics and Marketing
- To understand the usage trends and preferences of our users and generate statistical reports.
- To improve and personalize user experience.
- To create new features and functionality.
- 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 Services.
Financial Services (credit card processor)
- To collect and process payments for subscription to the Photomyne Apps.
We may also share some of your Personal Data in the following special circumstances:
We have a good faith belief that access, use, preservation or disclosure of such Personal Data is reasonably
- 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.
6. Links to Third Party Websites
7. 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.
8. How Long We Hold Personal Data For
In all circumstances, Personal Data will be retained, 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 Materials 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 as long as you have not completed the steps required to exercise your “Right to be Forgotten” further described in our GDPR page https://photomyne.com/eu-gdpr.
- 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.
9. Information Security
- 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.
- 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.
10. Your Privacy Rights
According to applicable data protection laws and regulations, you may have the following rights:
- requesting information on personal data that we hold about you;
- demanding that the information be rectified should it be incorrect;
- asking that your data be deleted, if Photomyne is not permitted or is not legally obliged to retain the data;
- demanding that the processing of your data be restricted;
- objecting to the processing by us;
- requesting that your Materials will be transferred in a generally useable, machine-readable, and standardized format.
- We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to an unauthorized recipient.
- You also have a right of appeal (as far as this affects you) to the respective Data Protection Supervisory Authority.
- For detailed information about the above mentioned rights and how to exercise them, please see our GDPR page https://photomyne.com/eu-gdpr.
- 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.
- 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.
11. US Privacy Rights and Do Not Track Notices
If you reside in the United States, you may have some additional rights with respect to your Personal Data. For further information please see our Supplemental US Privacy Notice.
You are also advised that we do not respond to “Do Not Track” signals.
12. Children's Privacy
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.
You must ensure that all required consents, approvals and permits are obtained regarding any children included in photos.
13. 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 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 Hamburg, Germany or with your local supervisory authority.
16. Contact us