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Polaroid Film B.V. (‘Polaroid’) provides an application for smart devices (‘Polaroid App’) by means of which the user of the Polaroid App (‘User’) can create high quality digital copies of its analog Polaroid pictures and share them instantly with the scanner feature. When using the lab feature of the Polaroid App in combination with the Polaroid Lab device, a User can make its digital photos from its smart device in the form of authentic analog Polaroid pictures. In addition, the User can link digital media to these analog Polaroid pictures, resulting in a small barcode being placed on the analog Polaroid picture. The barcode can be scanned in the Polaroids App, after which the digital media file behind the Polaroid picture (the “AR Picture”) can be viewed.
1.1. By no means is Polaroid responsible for any photos, videos and/or other material accessed or provided via the Polaroid App (‘Content’).
1.2. The User is solely responsible for any Content accessed, downloaded, posted or otherwise transmitted via the Polaroid App.
1.4. Polaroid provides the Polaroid App on an “as is, as available” basis and does not guarantee that the Polaroid App will always be available, uninterrupted, timely, secure or error-free, nor that the use of the Polaroid App will be secure. The User accepts that the Polaroid App may be suspended, interrupted, restricted or terminated at any time.
1.5. Any material downloaded or otherwise obtained through the use of the Polaroid App is done at the own discretion and risk of User. User is solely responsible for any damage to his computer system or any other equipment or loss or corruption of data that results from the download of any such material.
2.2. The User owns the Content he uploads, creates and shares on the Polaroid App. By uploading, sharing and creating Content within the Polaroid App and/or by otherwise providing the Content to Polaroid the User grants Polaroid a non-exclusive, perpetual, transferable, sub-licensable, royalty-free and worldwide license to host, use, distribute and copy the User’s Content for the sole purpose to make the Content accessible for other users to view the content if indicated by the User. The User can end this license any time by deleting his Content or account.
2.3. Polaroid reserves the right to disable or delete Content of a User alleged to be infringing intellectual property rights of third parties and terminate accounts of repeat infringers.
3.1. While using the Polaroid App, the User is solely responsible for his conduct and needs to adhere to the following rules:
(i) To ensure access to all your content (for example if you lose your phone), you need to store your user ID.
(ii) The User shall comply with all applicable laws and regulations regarding online conduct, intellectual property rights and data protection.
(iv) The AR Picture is only allowed for private use, meaning that it is prohibited to make publicly available or to reproduce an AR Picture in any way. This prohibition includes (but is not limited to) posts on social media and websites and publishing it in the public domain.
(v) The User shall not infringe any third-party rights and will not commit any other wrongful acts towards Polaroid or any third party.
(vi) The User shall comply with all reasonable instructions that Polaroid may give the User from time to time in connection with the use of the Polaroid App.
4.1. Polaroid is not liable for damages of any kind, whether direct or indirect, arising out, or related to the use of the Polaroid App, except to the extent the liability arises from Polaroid’s gross negligence of willful misconduct.
4.2. The User indemnifies Polaroid against any claims, costs, expenses (including legal expenses), legal proceedings and other liabilities arising out or related to his use of the Polaroid App and (the use of) the Content that the User uploads, posts, creates, shares or otherwise transmits on or through the Polaroid App which are brought or threatened against Polaroid by third parties in connection with the User’s use of the Polaroid App and of Content. This indemnification includes but is not limited to claims in respect of data protection, defamation, breach of copyright or other intellectual property infringement claims.
5.2. Content that contains personal data of other natural persons (not being the User) may only be uploaded in the Polaroid App and/or otherwise provided to Polaroid by the User when the User has obtained the explicit consent (pursuant to Article 4(11) GDPR) of the natural persons depicted on the Content to do so.
5.3. The User decides whether the AR Picture is only visible for himself or is also publically visible for other persons who scan the barcode on the corresponding analog Polaroid picture. Due to the principle of data minimization pursuant to the GDPR, the first option is set as default within the Polaroid App. The User can manually, at his own discretion and at his own risk, adjust these settings.
5.4. The Content in the Polaroid App is automatically stored for the time that the User uses or has an account at the Polaroid App.
5.5. Polaroid reserves the right to delete uploaded Content with a draft status after 14 days without prior notification (i.e. meaning Content that was uploaded but did not result in a printed Polaroid picture within this term). Further, Polaroid reserves the right to delete uploaded Content which has not been used or viewed during a period which is deemed reasonable by Polaroid.
Hoge Bothofstraat 45
7511 ZA Enschede
Telephone: 00 800 577 01500
Email address: [email protected]
Registration number Chamber of Commerce: 08182413
1. WHO WE ARE
Polaroid Film B.V. is a company registered with the commercial register (Kamer van Koophandel for Oost Nederland) in The Netherlands (registration number 08182413) whose registered office is at Hoge Bothofstraat 45, 7511 ZA Enschede, The Netherlands (Postbus 242, 7500 AE Enschede, The Netherlands). Polaroid is part of the Polaroid group of companies. You may contact us on [email protected]
We qualify as the controller within the meaning of the General Data Protection Regulation (“GDPR”), in relation to your personal data that we process as a result of the Use of the App (see paragraph 2).
We respect your right to privacy and will only process your personal data in accordance with the applicable data protection legislation, as updated from time to time.
2. THE PERSONAL DATA WE COLLECT ABOUT YOU
When you Use the App we and/or our third party data processors acting on our behalf (see paragraph 5) may collect the following personal data about you:
Personal data you provide to us:
Such as published photos and videos within the App.
The date when an analog instant photo was made by using your device on which the App is installed. This enables you to easily sort different photos shot using that device.
In order to be able to offer our services in the App correctly and to create the best user experience, we receive the following personal data from third parties, such as app stores, operating system and device manufacturers, and analytical companies:
If you use an Android-device, processing your location by means of Bluetooth is required to offer the One Step+ camera service properly. We do not process this data for other purposes.
Usage and preference data:
We collect data about how you and other App users interact with our services, preferences expressed, and settings chosen.
We collect data about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions and preferred language.
When you interact with our services within the App, we create server logs, which may include data like access dates and times, app features or pages viewed, app crashes and other system activity.
Please note that we do not access any personal data from the Google Play Store and/or Apple App Store.
3. LEGAL GROUND FOR PROCESSING YOUR PERSONAL DATA
The legal ground for processing your personal data is:
• your consent
• the necessity to perform an agreement with you (e.g. offering our services within the App), or
• the necessity to pursue our legitimate interests or those of a third party, where these interests override your interests or your fundamental rights. The legitimate interest we pursue is the proper conduct of our business activities, such as ensuring that the content from our services is presented in the most effective manner, to troubleshoot software burgs and operational problems and provide you with information on products and offers which are relevant to you.
4. HOW WE MAY STORE AND USE YOUR INFORMATION
Polaroid (and third party data processors acting on our behalf) may collect, store and process your personal data:
• to make this App and its features available to you;
• to provide our services to you;
• where we have a legal right or duty to use or disclose your personal data (including for crime and fraud prevention and combating and to comply with a court order) or for company acquisition/asset sale;
• to ensure that content from our services is presented in the most effective manner for you and your device;
• to administer our services and for internal operations, including, for example, to prevent fraud and abuse of our services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
5. DISCLOSURE OF YOUR PERSONAL DATA
5.1. Company acquisition or business or asset sale
In the event that a third party acquires all or part of our business and/or assets, we may disclose your personal data to that third party in connection with the acquisition. Furthermore, we reserve the right to disclose your personal data to third parties as part of any business or asset sale carried out because Polaroid has gone into insolvency or any similar situation, but only where lawful and compliant with the applicable data protection legislation, as amended from time to time.
5.2. Comply with applicable law
We may disclose your personal data where necessary to comply with applicable law or an order of a governmental or law enforcement body. We may also disclose your personal data in response to a request for personal data by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process.
5.3. Subsidiaries and affiliated entities
We may share your personal data with our subsidiaries and affiliated entities within the Polaroid group that provide services or conduct data processing in relation to the App on our behalf.
5.4. Other relevant parties
We may disclose your personal data where necessary with our processors, vendors, consultants, marketing partners, and other service providers who need access to such personal data to carry out work on our behalf for the performance of any contract we enter into with them.
6. INTERNATIONAL TRANSFERS
We may transfer personal data that we collect from you to third party processors located in countries that are outside of the European Economic Area and to other Polaroid group companies in connection with the above purposes. For example, some Polaroid group companies or processors are domiciled in the United States, which leads to the disclosing of your personal data outside the European Economic Area.
In such situations we will ensure that appropriate safeguards are in place that offer an adequate level of protection of your rights and freedoms as a data subject in accordance with the GDPR. We do this, for example, by concluding standard contractual clauses approved by the European Commission for the transfer of personal data, or by transferring your personal data only to third parties that are considered to guarantee an adequate level of protection by the European Commission, such as third parties that are members of the EU-US Privacy Shield Framework. If you wish, you may request a copy of the existing model contractual clauses by using the contact information above.
We have taken appropriate technical and organizational measures to protect your personal data, in accordance with the GDPR, against destruction, loss, alteration, unauthorised disclosure or unauthorized access, including by ensuring that:
• the confidentiality of your personal data is guaranteed and the integrity and availability of your personal data will be maintained;
• our personnel is trained in information security requirements; and
• your personal data is protected against unauthorized access.
8. DATA RETENTION
We will not retain the personal data for longer than is necessary for the purposes for which it is collected or processed. However, a longer retention period of your personal data may occur if this is necessary in order to comply with a legal obligation or if (legal) proceedings are expected. We will in any case comply with legal data retention obligations. If you would like to receive more information about the retention periods that we apply, please contact us on [email protected]
9. YOUR RIGHTS
We may collect your personal data if a user of the App uploads and publishes photos and/or videos where you are depicted on. If you have not given your consent to what others have shared about you on the App, you can request the person who uploaded the content to remove it or you can report this to us.
Furthermore, you have the following rights:
• the right of information about the personal data we process about you;
• the right to access your processed personal data;
• the right to rectify personal data that we hold about you;
• the right to erasure of your personal data (under circumstances listed in the applicable law);
• the right to restrict the processing of your personal data (under circumstances listed in the applicable law);
• the right to object against the processing of your personal data (e.g. in relation to the processing of your personal data for advertising purposes);
• the right to data portability (you can ask us to provide you or a third party with your personal data in a readable and accessible form); and
• the right to withdraw your consent to the processing of your personal data.
When the processing of your personal data takes place on the basis of your consent (i.c. your consent is required for the processing of photos and videos that are uploaded into the App from your device), you have the right to withdraw your consent at any time, after which we will stop the further processing of your personal data. However, withdrawal of your consent does not affect the lawfulness of the processing prior to that moment. Please note that if you withdraw your consent certain features of our services within the App may no longer be accessible.
For security purposes we may occasionally request proof of identity before we are able to exercise your rights. If you wish to exercise any of the above rights, please contact us using the contact details specified above.
Please take into account that your rights are not absolute in all cases, and that we may not be required to comply with your request. If that is the case, we will make sure you will be informed of this.
11. QUESTIONS AND COMPLAINTS