Data Protection Policy
Photo Gifts Now Limited and its group companies (collectively “Photo Gifts Now”, "we", "us", and "ours") is committed to protecting your privacy. This Privacy Notice (“Notice”) describes how Photo Gifts Now processes Personal Data in its capacity as a controller (i.e. Photo Gifts Now decides what Personal Data is collected and what it is used for) or processor (i.e. Photo Gifts Now only processes the data as per the controller's instructions), as the case may be. It also describes your choices regarding use, access and correction of your Personal Data.
The capitalised terms used in this Notice but not defined herein shall have the same meaning as defined in the Terms of Service here.
Whom Does This Notice Apply To?
This Notice applies to (i) entities or individuals, excluding End-Users and Users, who have subscribed to our Service(s) and have agreed to the Terms (hereinafter referred to as the “Customer”) and (ii) individuals (“Individuals”) from whom Photo Gifts Now collects data as a controller as specified below.
If you have questions or complaints regarding our privacy notice or practices, please contact us at firstname.lastname@example.org
What Personal Data Does Photo Gifts Now Collect And Why?
A) Personal Data we collect and process for our own purposes: Collected Data
When you visit our Websites or participate in Photo Gifts Now’s events, Photo Gifts Now may collect information, which may include Personal Data, from Individuals as set forth below (collectively referred to as “Collected Data”). For the purposes of General Data Protection Regulation (GDPR), Photo Gifts Now shall be the controller for the Collected Data – this means that Photo Gifts Now decides what Collected Data is processed and why.
When does Photo Gifts Now process Collected Data?
1) Sign-up, billing and Account information.
When you subscribe and sign-up to any of our Service(s), we may collect your (i) contact information such as name, e-mail address, mailing address, IP address, geographic location, or phone number; (ii) billing information, such as credit card number and billing address; (iii) name and e-mail address when Account admin/Agent(s) provide feedback from within the Service(s); and (iv) unique identifiers, such as username, account number or password.
Subject to this Notice and the Terms, we will use such data, including without limitation, to (i) provide you the Service(s); (ii) send you communication from the Service(s); (iii) assess needs of your business to determine or suggest suitable Service(s); (iv) send you requested information about the Service(s); (v) respond to customer service requests, questions and concerns; (vi) administer your Account; (vii) send you promotional and marketing communications (where you have requested us to do so); and (viii) facilitate your transactions with other users when you use our Service(s).
2) Photo Gifts Now Careers
When you apply for an open position by populating the application form, we may collect your (i) contact information, such as name, email address, mailing address, phone number, links to your social networking profiles; and (ii) any other information contained in the resume that you submit to us.
Subject to this Notice, we will use such data to evaluate you for the open position that you have applied for or any position that we consider you suitable for at the time you submit your resume or at any later date. Unless you notify us otherwise by an e-mail to email@example.com, we will retain such data for a period of 1 year for archival purposes. If you wish to update the data you provided to us, you may do so by contacting us at firstname.lastname@example.org
For the purposes of evaluating you for an open position, you understand that we may internally rate you based on parsing of your resume and your information. If you do not wish to be rated by us, please do not provide us your information.
When you attend an event conducted by Photo Gifts Now, including webinars or seminars, we may collect your contact information such as name, e-mail address, designation and company name.
Subject to this Notice, we will use such data, including without limitation, to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) send you requested information about the Service(s); (iii) send you promotional and marketing communications (where you have requested us to do so); and (iv) respond to your questions and concerns.
4) Clear Gifs and Log Files
We and our third party advertising partners use technologies such as web beacons in analysing trends, administering the website, tracking users’ movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We link this automatically collected data to other data we collect about you.
Apart from the aforementioned information collected by us, we automatically receive and record certain Personal Data of yours when you visit our Websites. This includes device model, IP address, the type of browser being used, usage pattern through cookies and browser settings, query logs and product usage logs. We also collect clicks, scrolls, conversion and drop-off on our Websites and Service(s) to render user journey at real-time. Subject to this Notice, we will use such data, including without limitation, to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) send you requested information about the Service(s); (iii) respond to customer service requests, questions and concerns; and (iv) for analytical purposes.
You authorise Photo Gifts Now and its service providers to perform analytics on such Collected Data, to (i) improve, enhance, support and operate the Websites; and (ii) compile statistical reports and record insights into usage patterns. You acknowledge that Photo Gifts Now uses Collected Data, as the case may be, for the aforementioned purposes.
We may post your testimonials/comments/reviews on our Websites which may contain your Personal Data. Prior to posting the testimonial, we will obtain your consent to post your name along with the testimonial. If you want your testimonial removed, please contact us at email@example.com
7) Marketing communications
We may use your e-mail address, collected as part of Collected Data, to send our newsletters and/or marketing communications about our products and services. Where you have so requested, we will also send you marketing communications about our third party partners. If you no longer wish to receive these communications, you can opt out by following the instructions contained in the e-mails you receive or by contacting us at firstname.lastname@example.org
What is our legal basis for processing Personal Data (EEA visitors only)?
If you are a visitor from the European Economic Area, our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it.
However, we will normally collect Personal Data from you only where we need the Personal Data to perform a contract with you, or where the processing is in our legitimate interests or rely upon your consent where we are legally required to do so and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person.
If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data).
Similarly, if we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the contact details provided below.
Where an User or End-User uses the Service(s), we automatically receive and record certain information of such user. This information includes device model, IP address, the type of browser being used, usage pattern through cookies and browser settings, query logs and product usage logs (collectively referred to as “Other Information”).
When you download, install and use our Mobile Applications, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”).
Subject to this Notice, we will use such data to (i) provide and manage Mobile Application; (ii) if you have opted in to receiving push notifications, send you push notifications from time-to-time in order to update you about any events or promotions that we may be running and/or update you about new features to our Service(s); (iii) send you promotional and marketing communications (where you have requested us to do so). If you no longer wish to receive these types of communications, you may turn them off at the device level.
Improving and enhancing our Service(s)
You expressly authorise us and the service providers we use to process the Service Data in our systems to (i) provide, improve, enhance, support and operate the Service(s) and its availability; (ii) develop new products and services; and (iii) compile statistical reports and record insights into usage patterns.
Social Media Features
Our Websites includes social media features, such as the Facebook “Like” button, the “Share This” button or interactive mini-programs. Where you interact with these features, they may collect your IP address, which page you are visiting on our Websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Websites. Your interactions with these features are governed by the privacy notice of the company providing them. Please see our terms and conditions for further information.
Sharing of Personal Data
Except as outlined in this Notice and the Terms, Personal Data contained in Collected Data and Service Data will never be sold to or shared with other companies or organizations for commercial purposes. We process Personal Data in the European Economic Area (“EEA”) through third parties that we may use. Third parties with whom Collected Data is shared may include third-party payment processors who process your credit card and other payment information for Photo Gifts Now but are otherwise not permitted to store, retain or use such information. Third parties that we utilize to assist in providing the Service(s) with whom Service Data may be shared (“Sub-Processors”). Further details can be provided upon request.
Subject to the Terms and this Notice, we shall have the right to access Customer’s Account and to process Service Data solely to the extent necessary to provide, enhance and improve the Service(s), including, without limitation, in response to Customer’s support requests. Our Sub-Processors will only be given access to Customer’s Account and Service Data as is reasonably necessary to provide the Service(s) and will be subject to confidentiality obligations in their service agreements.
How Does Photo Gifts Now Keep Personal Data Secure
We use appropriate technical and organisational measures to protect the Personal Data that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Data.
EEA Specific Rights
If you are an individual resident in EEA, you have the following data protection rights regarding Collected Data:
- If you wish to access, correct, update or request deletion of your Personal Data, you can do so at any time by contacting us.
- You can object to processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data. Again, you can exercise these rights by contacting us.
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us.
- Similarly, if we have collected and process your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.
If you seek access to, or wish to correct, update, modify or delete Personal Data (hereinafter referred to as a “Request”) which forms a part of Collected Data, please contact us at email@example.com. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
If you are our Customer, we will send you announcements related to the Service(s) on occasions when it is necessary to do so. For instance, if our Service(s) is temporarily suspended for maintenance, we might send you an e-mail. Generally, you may not opt-out of communications which are not promotional in nature. If you do not wish to receive them, you may deactivate your Account.
Retention of Personal Data
If you wish to request that we no longer use your Collected Data, please contact us at firstname.lastname@example.org
Notwithstanding the foregoing, we will retain Collected Data and Service Data as necessary to comply with our legal obligations, for processing / litigation / defence purposes, maintain accurate financial and other records, resolve disputes, and enforce our agreements.
Links to Third Party Sites
Our Websites contain links to other websites that are not owned or controlled by Photo Gifts Now. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware when you leave our Websites and to read the privacy policies of each and every website that collects Personal Data.
Amendments to this Notice will be posted to this URL and will be effective when posted. If we make any material changes, we will notify you by means of a notice on this Website prior to the change becoming effective and if you are our Customer, via e-mail (specified in your Account). Provided we will not be notifying you if we amend the Notice to make addition, deletions or modifications to the list of cookies from time to time to keep the list of cookies current and accurate. You should frequently visit this Notice to check for amendments. Your continued use of our Websites or the Service(s) following the posting of any amendment, modification, or change to this Notice shall constitute your acceptance of the amendments to this Notice. You can choose to discontinue use of the Websites or Service(s), if you do not accept the terms of this Notice, or any modified version of this Notice.
We, reserve the right to disclose your personal data contained in Collected Data and Service Data as required by applicable law, in response to lawful requests by public authorities, including meeting national security or law enforcement requirements and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or other legal process served on us. Collected Data and Service Data will also be shared between our Group Companies for the activities permitted under the Terms and this Notice.
In the event Photo Gifts Now goes through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, Customer’s Account, Collected Data and Service Data will likely be among the assets transferred. A prominent notice will be displayed on our Websites to intimate you of any such change in ownership or control and Customers will be notified via an e-mail from email@example.com
Contacting Photo Gifts Now
If you have any questions about this privacy notice or your dealings with the Photo Gifts Now, you can contact us at firstname.lastname@example.org or via postal mail at Photo Gifts Now, Ground Floor Victoria Mill, Bolton Road, Atherton, Manchester M46 9FD.