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 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.
What Information We Collect About You
In the course of providing our Products to you, we may 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), because other people give that data to us (for example, companies that have asked us to operate this website), 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, website and other contact details. 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. When you purchase Products, 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.
How We Use Information About You
We use the information that we gather about you for the following purposes:
• 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).
• To Provide You With Marketing Materials. To provide you with updates and offers and details of our Products 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 our Products. We may use the information that we learn about you to assist us in advertising our Products on third-party websites. We may also use your information for marketing our products and services to you by mail or email 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.
• 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.
• To Monitor Certain Activities. To monitor queries and transactions to ensure service quality and compliance with prescribed procedures, and to combat fraud.
• To Inform You Of Changes. To notify you about changes to our Products.
• 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 that may be of interest to you.
• To Reorganize Or Make Changes To Our Business. If we undergo a reorganization or ownership change, 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 reorganization or transaction. We may also need to transfer your personal information to that reorganized entity or third party after the reorganization or transaction for them to use for the same purposes as set out in this Policy.
• 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.
• To Provide Products. To open client accounts and provide you with our Products. As part of this, we may use your personal data in the course of correspondence relating to the Products. 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 our Products.
• Professional Services. Services we receive from our professional advisors, such as lawyers, accountants and consultants.
• 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.
Who We Disclose Your Information To
We may share the information that we collect about you, including personally identifiable information, as follows:
• 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.
Our Site may host or link to 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.
• 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.
• 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.
Currently, our systems do not recognize browser “do-not-track” requests.
Our Site and materials related to our Products 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.
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.
If you are a California resident, please see the section below titled “Your California Privacy Rights.”
Children Under 18
Our Site and Products 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.
Your California Privacy Rights
A. California’s “Shine the Light” Law
A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information for the third parties' direct marketing purposes within the previous calendar year, along with the type of personal information disclosed.
If you are a California resident and would like to make such a request, please submit your request in writing to:
Attn: California Privacy Request
414 14th Street
Denver CO 80202
Please note that under California law, businesses are only required to respond to such a customer request once during any calendar year.
B. The California Consumer Privacy Act
If you are a California resident, then under the California Consumer Privacy Act you have the rights:
• to know, up to two (2) times in a twelve (12)-month period,
- the categories and specific pieces of personal information that we have collected about you;
- the categories of third parties with whom your data is shared;
- the categories of sources of information from whom your data was acquired; and
- the business or commercial purpose of collecting your information;
• to access your personal information up to two (2) times in a twelve (12)-month period;
• to request, subject to certain exceptions described in Cal. Civ. Code 1798.105(d), that we delete any personal information about you which we have collected from you; and
• not to be discriminated against, with respect to the price or quality of goods or services, because you have exercised any of the foregoing rights, provided that you may be charged a different price or receive goods or services of a different quality level, if the difference is reasonably related to the value provided to you by our use of your data.
To exercise any of your rights under the California Consumer Privacy Act, or if you have any other questions about our use of your personal data, please address correspondence to:
Attn: California Privacy Request
414 14th Street
Denver CO 80202
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. 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. Your continued use of the Site after any change to this Policy will constitute your acceptance of the changes.