EFFECTIVE DATE: August 24, 2018
By visiting the Site, or purchasing or using any of our Products, you agree that your personal information will be handled as described in this Policy. Your use of our Site and your purchase or use of any of our Products and Services, and any dispute over privacy, is subject to this Policy and the ImageSeller Terms and Conditions of Use, including without limitation its applicable provisions regarding limitations on damages and the resolution of disputes. The ImageSeller Terms and Conditions of Use are incorporated by reference into this Policy.
Who This Policy Applies To And What It Covers
This Policy applies to ImageSeller, LLC, a limited liability company organized in the state of Colorado, in the United States, with business address at 414 14th Street, Suite 150, Denver, CO 80202, U.S.A. We are committed to protecting your privacy and handling your information in an open and transparent manner. This Policy sets out how we will collect, handle, store and protect information about you, and what kinds of information we will collect:
- when you use the Site;
- when we provide the Products and Services to you; and
- when we perform any other activities that are part of the operation of our business.
This Policy also contains information about how we share your personal data with third parties (for example, our service providers), and this Policy sets out your rights with respect to your information, and who you can contact for answers to your questions.
In this Policy, your information is sometimes called “personal data” or “personal information”. We may also sometimes collectively refer to handling, collecting, protecting and storing your personal information as “processing” such personal information.
Our Site and materials related to our Products and Services may contain links to third-party websites. Any access to or use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites. We encourage visitors to such third-party websites to review the privacy statements on each of those other websites before disclosing any personal information.
What Information We Collect
In the course of providing our Products and Services to you and performing due diligence checks in connection with our Products and Services (or discussing possible Products and Services we might provide), we will collect or obtain personal data about you. We may also collect personal data from you when you use the Site.
We may collect or obtain such data because you give it to us (for example in a form on our Site), or because it is publicly available.
• Information We Collect Directly From You. The personal data that we collect or obtain may include information that you provide to us, such as when using the “Contact Us” form on the Site or any subscription forms on the Site, including your name, email address, and other contact details. If you choose to apply for a job at ImageSeller and submit a job application via our “Careers” page on the Site, we will collect information that you submit via the “Careers” page. We also collect information that you provide via postings on any blogs, forums, wikis or any other social media applications or services that we provide; please note that all information posted to blogs and forums and the like will be available for public viewing, and so you should not post any information that is considered confidential. If you sign up for our newsletter, we will collect your name and email address. If you sign up for an account on the Site, we will collect your name, company name, title, address, email address and phone number. When you purchase Products and Services from ImageSeller, we also request that you provide your billing information and credit card number and expiration date, which is not collected but instead is passed through to our payment processor only.
• Information We Collect From Third Parties. Where we are provided with personal data about you by a third party with whom we have a contractual relationship, we use reasonable efforts to include clauses in the contract with such third party that will require them to comply with the privacy laws and regulations relevant to that information; this may include, for example, a stipulation that such third party has provided you with notice of the collection of your information and has obtained any necessary consent for us to process that information as described in this Policy.
• Information Collected As A Result Of Legal Requirements. We may also collect information about you as a result of legal requirements imposed upon us.
• Children Under 18. Our Site and Products and Services are not designed or intended for use by children under 18 and we do not collect personal information from children under 18. If you are posting any materials to our Site, you may not post any materials showing or depicting a child under 18 unless (i) you are either the parent and/or legal guardian of that child, and (ii) you are authorized to post such material.
• Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and to verify your identity, after you have logged in, as you move through our Site.
• Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
• Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you visit our Site and disable cookies, you will be able to browse certain areas of the Site, but some features may not function, you may not be able to store your preferences, and some of our pages may not display properly. Be aware that any preference you have set will be lost if you delete all cookies, including your preference to opt-out from cookies as this itself requires an opt-out cookie to have been set.
• Managing Analytics Cookies. You can opt out of having your anonymized browsing activity within websites recorded by analytics cookies. We use the following service providers and you can learn more about their privacy policies and how to opt out of their cookies by clicking on the following links:
Google Analytics: http://www.google.com/analytics/learn/privacy.html
• Managing Local Shared Objects Or Flash Cookies. A local shared object or flash cookie is like most other browser cookies except that it can store additional types of information. These cookies cannot be controlled using the mechanisms listed above. Some parts of our Site use these types of cookies to store user preferences for media player functionality and without them some video content may not play properly. These cookies can be controlled manually by visiting the Adobe website:
• External Web Services. We may sometimes use external web services on the Site to display content within the web pages of the Site, for example to display images, show videos or run polls. As with the social buttons, we cannot prevent these sites, or external domains, from collecting information on your use of this embedded content.
• Tracking Email Communications. We may also use tracking technologies to determine whether you have read, clicked on, or forwarded certain email communications we send to you so that we can make our communications more helpful and interesting. If you do not wish us to confirm whether you have opened, clicked on or forwarded our communications, you will need to unsubscribe, as it is not possible for us to send these emails without tracking enabled. If, at any time, you prefer not to receive further email communications from ImageSeller (except in connection with information or Products and Services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast email that is sent to you by ImageSeller. If, at any time, you prefer not to receive any other form of communication from ImageSeller, you will have the ability to unsubscribe from such communications by contacting us at firstname.lastname@example.org.
How We Use Information About You, And The Legal Grounds We Use For Processing Personal Information
In this section, we set out the purposes for which we use personal information that we collect via our Site, and in compliance with our obligations under European law, we identify the “lawful bases” upon which we rely to process the information. A description of each legal basis can be found in Exhibit A, below.
We may use the personal data we collect about you for the following purposes, in reliance upon the following lawful bases:
• To Communicate Effectively With You And Conduct Our Business. To conduct our business, including to respond to your queries, to fulfill your orders, to otherwise communicate with you, or to carry out our obligations arising from any agreements entered into between you and us, which in some circumstances may include passing your data to third parties such as agents or contractors or to our advisors (e.g., legal, financial, business or other advisors).
Lawful Bases: contract performance and legitimate interests (to enable us to perform our obligations and provide our Products and Services to you).
• To Provide You With Marketing Materials. To provide you with updates and offers and details of our Products and Services that we think might be of interest to you, or to send you news and newsletters, where you have chosen to receive these; and to contact you in order to receive feedback on Products and Services. We may use the information that we learn about you to assist us in advertising our Services on third-party websites. We may also use your information for marketing our own and our selected business partners’ products and services to you by post, email, SMS, phone and fax and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. We will provide an option to unsubscribe or opt out of further communication on any electronic marketing communication sent to you, or you may opt out by contacting us at email@example.com.
Lawful Bases: consent and legitimate interests (to keep you updated with news in relation to our Products and Services).
• For Research And Development Purposes. To analyze your personal information in order to better understand your and our other clients’ services and marketing requirements and to better understand our business and develop our Products and Services.
Lawful Bases: legitimate interests (to allow us to improve our Products and Services).
• To Monitor Certain Activities. To monitor queries and transactions to ensure service quality and compliance with prescribed procedures, and to combat fraud.
Lawful Bases: legal obligations, legal claims and legitimate interests (to ensure the quality and legality of our Products and Services).
• To Inform You Of Changes. To notify you about changes to our Products and Services.
Lawful Bases: legitimate interests (to notify you about changes to our Products and Services).
• To Manage, Improve and Personalize Our Site And Ensure That The Content Of The Site Is Relevant. To ensure that content from our Site is presented in the most effective manner for you and for your device, which may include passing your data to business partners, suppliers and/or service providers; and to tailor the content of our Site to provide you with a more personalized experience and draw your attention to information about our Products and Services that may be of interest to you.
Lawful Bases: contract performance and legitimate interests (to allow us to provide you with the content and Products and Services on the Site).
• To Reorganize Or Make Changes To Our Business. If we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a reorganization, we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analyzing any proposed sale or reorganization. We may also need to transfer your personal information to that reorganized entity or third party after the sale or reorganization for them to use for the same purposes as set out in this Policy.
Lawful Bases: legitimate interests (in order to allow us to change our business).
• In Connection With Legal Or Regulatory Obligations. To comply with our regulatory requirements or as part of dialogue with our regulators, as applicable, which may include disclosing your personal information to courts, regulators and/or law enforcement agencies in connection with inquiries, proceedings or investigations by such parties anywhere in the world where compelled to do so. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.
Lawful Bases: legal obligations and legitimate interests (to cooperate with law enforcement and regulatory authorities).
• To Provide Products and Services. To open client accounts and provide you with Products and Services. As part of this, we may use your personal data in the course of correspondence relating to the Products and Services. Such correspondence may be with you, our service providers or competent authorities. We may also use your personal data to conduct due diligence checks relating to the Products and Services.
Lawful bases: contract performance, legitimate interests (to allow us to provide you with the content and Products and Services on the Site), and legal obligations.
Lawful bases: consent and legitimate interests (to help develop our business).
• Professional Services. Services we receive from our professional advisors, such as lawyers, accountants and consultants.
Lawful bases: contract performance and legitimate interests (to allow us to receive professional services from our service providers).
• Protecting our rights and those of our clients. Where necessary, to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions of Use or this Policy, or as evidence in litigation in which ImageSeller is involved.
Lawful bases: contract performance, legal obligations, and legitimate interests (to protect our legal rights and the legal rights of our clients).
Who We Disclose Your Information To
We may share the information that we collect about you, including personally identifiable information, as follows:
• Affiliates. We may disclose the information we collect from you to our franchisees, affiliates, or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
• Clients. If you purchase or use any of our Products and Services that are directly representative of one of our clients, then we may disclose the information we collect from you to that client, to the extent necessary to allow you to purchase or use those Products and Services.
• Suppliers And Service Providers. We may disclose the information we collect from you to third-party vendors, service providers, contractors, or agents who perform functions on our behalf.
• Other Companies In Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
• Legal Authorities. We may disclose the information we collect from you with courts, regulators and/or law enforcement agencies in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
• Third Parties For Protection Purposes. We also may disclose the information we collect from you to relevant third parties where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions of Use or this Policy, or as evidence in litigation in which ImageSeller is involved.
• Aggregate And De-Identified Information. We may share non-personal, aggregate or de-identified information about users with third parties for data analytics, marketing, advertising, research, or similar purposes.
• Third-Party Marketing. We do not share your personal information with third parties for their direct marketing purposes unless we have obtained your consent to do so in advance.
Please note that some of the recipients of your personal data referenced above may be based in countries outside of the European Union whose laws may not provide the same level of data protection. In such cases, we will ensure that there are adequate safeguards in place to protect your personal data that comply with our legal obligations. Where the recipient is not an affiliate of ImageSeller, the adequate safeguard might be a data transfer agreement with the recipient based on standard contractual clauses approved by the European Commission for transfers of personal data to third countries.
Further details of the transfers described above and the adequate safeguards used by ImageSeller with respect to such transfers (including copies of relevant agreements) are also available from us by contacting us at firstname.lastname@example.org.
Our Site hosts various blogs, forums, wikis and other social media applications or services that allow you to share content with other users (collectively “Social Media Applications”). Importantly, any personal information that you contribute to these Social Media Applications can be read, collected and used by other users of the application. We have little or no control over these other users and, therefore, we cannot guarantee that any information that you contribute to any Social Media Applications will be handled in accordance with this Policy.
Protection Of Your Personal Information
We use a range of physical, electronic and managerial measures to ensure that we keep your personal data secure, accurate and up to date. These measures include:
- administrative and technical controls to restrict access to personal data on a ‘need to know’ basis; and
- technological security measures, including fire walls, password protection, encryption and anti-virus software.
Although we use appropriate security measures once we have received your personal data, the transmission of data over the Internet (including by e-mail) is never completely secure. We endeavor to protect personal data, but we cannot guarantee the security of data transmitted to us or by us.
You should take steps to protect against unauthorized access to your accounts and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
How Long We Keep Your Information For
We will hold your personal data on our systems for the longest of the following periods: (i) as long as is necessary for the relevant activity or Products and Services; (ii) any retention period that is required by law; (iii) the period during which litigation or investigations might arise with respect to the relevant activity or Products and Services; or (iv) the minimum period foreseen by contract.
You have various rights in relation to your personal data. In particular, you have a right to:
- obtain confirmation that we are processing your personal data and request a copy of the personal data we hold about you
- ask that we update the personal data we hold about you, or correct such personal data that you think is incorrect or incomplete
- ask that we delete personal data that we hold about you, or restrict the way in which we use such personal data
- withdraw consent to our processing of your personal data (to the extent such processing is based on consent)
- receive a copy of the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and to transmit such personal data to another party (to the extent the processing is based on consent or a contract)
- object to our processing of your personal data.
To exercise any of your rights, or if you have any other questions about our use of your personal data, please address correspondence to:
Attn: Privacy Officer
414 14th Street
Denver, CO 80202
You may also use these contact details if you wish to make a complaint to us relating to your privacy.
If you are unhappy with the way we have handled your personal data or any privacy query or request that you have raised with us, you have a right to complain to the EU Data Protection Authority in your jurisdiction. A list of contact information for national Data Protection Authorities is available at https://ec.europa.eu/digital-single-market/en/news/list-personal-data-protection-competent-authorities
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time. To let you know when we make changes to this Policy, we will amend the Effective Date. The new modified or amended Policy will apply from that new Effective Date, so please be sure to check back periodically. Your continued use of the Site after any change to this Policy will constitute your acceptance of the changes. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.
Lawful Bases For Processing Personal Data
The lawful bases for processing personal data under EU law are set out in Article 6 of the General Data Protection Regulation. These include:
• Consent. You have given clear consent for us to process your personal data for a specific purpose.
• Contract. The processing is necessary for the performance of a contract to which you are party, or in order to take steps at your request prior to entering into a contract.
• Legal Obligation. The processing is necessary for us to comply with the law (not including contractual obligations).
• Legitimate Interests. The processing is necessary for our legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect your personal data which overrides those legitimate interests.