Last updated: October, 2022
- web pages for our products;
- information pages (like this one);
1.2. Photogram apps (Apple App Store, Google Play Store) (hereinafter – “Websites and Apps”).
2. Privacy principles Privacy policies can be complicated. We have tried to make ours as clear and as accessible as possible. To help, we have also summarized how we handle your personal information at Photogram in our privacy principles below. These principles demonstrate our commitment to protecting your privacy and handling your personal information in the right way, and as you would expect it to be handled. At Photogram we:
- will only ask for or collect the personal information we need to provide and improve the service, products, and experiences our customers expect;
- give you control over the personal information we hold about you to ensure it is accurate and meets your expectation, and we are always available at privacy@Photogram.pro for any inquiries concerning your privacy;
- make sure your personal information is always secure and protected;
- are fair and transparent about how we use the personal information we hold;
- only ever use your personal information for the purpose that you trusted us to use it for;
- respect your choices and will inform you if there are important changes that affect your personal information or how we use it;
- take responsibility for the personal information that we hold about you.
3. What personal data we collect We are not interested in collecting every personal detail about you. Our main reason for collecting your personal information is to provide and improve the service and products. Personal information is defined slightly differently across the world. To guarantee your privacy and the protection of your information, we define it as any information that could be used to identify you or another individual directly or indirectly. We collect personal information about you in a number of different ways. In this section, we explain the different ways we collect personal information about you and the ways in which that information will be used. For more detail on how we use your personal information, please see the section titled “4. How we use your personal information”.
We use this information in the GDPR-compliant services:
- Freshdesk and Zendesk Sell to manage e-mail communication with you (privacy policies: Freshdesk, Zendesk Sell);
3.1.1. Information from Cloud Services As a special case, we would like to draw your attention to the data we collect from Cloud Services. We collect personal information that you share with us if you use our Cloud Service. Once you agree and want to use our Cloud Services, you allow us to store and process the data from Websites and Apps, Photogram products, your settings, project data, enabled subscriptions, services you use, possible integrations. You will also start sharing with us information about you and Photogram products and apps you use (for example, device model, country, firmware version, latest uptime). Also, we will collect device data: crash reports and system logs, firmware versions of internal components, device configurations, battery performance statistics, how often users access certain features, RTK engine positioning statistics; and runtime data: crash reports and system logs, how often users access certain features, approximate user portrait geography, receiver models, correction formats, messages, usage lengths, etc. If we introduce more new services, we may start collecting more analytical info on how our services are used.
3.2. Information from Photogram products and apps As well as the personal information you share with us about yourself and your Photogram product, we may collect and handle some information directly from your Photogram connected products and Photogram apps. A connected product is an Photogram product that is “smart”, internet-enabled, or operated through an Photogram app. Upon your consent, we want to be able to monitor your use of our Photogram connected products and Photogram apps to maximize the efficiency of our products and for statistical purposes. In such case, we will collect information about your use of our connected products (for example, when they are used and for how long, firmware version, operating time since the last launch, configuration, battery statistics, function usage statistics, measurement quality statistics), their responsiveness and any errors (or potential errors) with them. Additionally, we would like to draw your attention to the fact that we could accidentally receive some additional personal information about you from the crash report related to our products. We will not be using, sharing, or processing such pieces of personal information anyhow. Please note that the risk of the above case is extremely low. The purpose of collecting this data is to perform analysis and to help us better identify the usage flows around our products to maximize the efficiency of our products. We use the following services for that:
3.5. Email communications We will be sending support communications emails to you if you are a user of our products or services. When you subscribe to our newsletters, you enter your name and email address. We use them to send you our marketing emails if you are fine with that. We also use email tracking to monitor and analyze click and open rates. This helps us to improve our newsletter content. You can opt-out of the subscription anytime by clicking the link in an email bottom.
3.6. Social media and Photogram forum We like interacting with you on social media. You may use social media to contact us about your Photogram products or to let people know what you think about your Photogram product. We review publicly available social media and online sites to get a better understanding of what people are saying about us and our products, technology, and services and to assist customers who prefer to contact us through social media. The information we collect from social media and online sites, including Facebook, YouTube, Twitter, Pinterest, Line, and Snapchat, sometimes includes personal information that has been put online and is publically available. We make sure any information we use is properly credited to its source or is made anonymous. These online and social media sites typically have their own privacy policies explaining how they use and share your personal information. You should carefully review those privacy policies before you use these sites to make sure that you are happy with how your personal information is being collected and shared. Additionally, we use our forum to get a better understanding of what people are saying about us. When you are registering on our forum, you enter your name and email address. Your email address will be verified by an email containing a unique link. If that link is visited, we know that you control the email address. When you are registered and posting, we record the IP address that the post originated from. We also may retain server logs, which include the IP address of every request to our server.
3.7. Information we collect at our stores, stands, and events You may share personal information with us when you visit us in person at our stores, stands and events; such as your name, contact details, and payment information (see the section above titled “Information you share with us”). If you have Wi-Fi or Bluetooth enabled on your phone (or another device) when you visit us at our stores, stands and events, we may also collect limited personal information through your device.
4. How we use your personal information Our main reason for collecting and using your personal information is to provide and improve the service and products.
4.1. Information you share with us We use the personal information you share with us in the following ways:
- to provide, manage and coordinate the purchase, delivery, and any required after-sales care of your products;
- to respond to your queries and requests;
- to communicate with you;
- to provide services and support for our products;
- to enable us to identify where service and product improvements can be made;
- to provide updates to you about any changes to Photogram’s policies, terms and conditions, and any other matters which we may need to tell you;
- to document, monitor and record the lifecycle of our products;
- to tell you about our other products and services (if you explicitly agree with that); and to provide you with essential service updates about your Photogram products.
4.1.1. Information from Cloud Services There is some additional specific regarding Cloud Services. The essence of the Сloud Services is data exchange between different devices and access to data from different devices. All this data is required for Cloud Services to function and for us to improve and administer its work.
4.2. Information from Photogram products We use the information we collect from Photogram products, by itself and sometimes in combination with other personal information that we collect about you, in the following ways:
- to monitor the performance and stability of our products so that we can optimize their performance;
- to provide updates and services to our connected products (including updates and upgrades to the software in the product and the app that connects to it);
- to improve our products, technology, and services generally; and
- to send you more relevant and interesting marketing communications (if you agree with that). We also want to be able to monitor your use of our connected products, so that we can:
- customize and improve the way that we engage with you in the future (for example, by showing you products and offers online that we think you might like). You have the right to object to our monitoring of your use of our connected products and apps for these purposes unless we can process it as our legitimate interest.
4.3. Information from your online interactions We use the personal information from your online interactions, by itself and in combination with other personal information that we collect about you to identify any part of our Websites or Apps that aren’t working as well as they should be, so that we can fix things and make our Websites and Apps better for you and other users. We also want to be able to monitor your use of our Websites and Apps, and how you engage with our promotional campaigns and advertising online, so that we can:
- customize and improve the way that you shop with us in future (for example, by showing you products and offers that we think you might like); and
- send you more relevant and interesting marketing communications (as long as you are happy for us to do so);
- detect and prevent fraud;
- keep our Websites and Apps, products and IT systems secure;
- produce analytics, user profiles, reports, and targeted advertising; to respond to online queries through the web-enabled chat services on our Websites and Apps. Photogram does not take any decisions involving the use of algorithms or profiling that significantly affects you. You have the right to object to our monitoring of your use of our Websites and Apps, and how you engage with our promotional campaigns and advertising online for these purposes unless we have a legitimate interest in doing certain data processing.
4.4. Other potential uses of your personal information We use your personal information:
- to assist in any disputes, claims or investigations relating to your Photogram product or warranty matters;
- to detect and prevent fraudulent transactions;
- to comply with our legal obligations; and
- for general statistical analysis on an anonymous basis.
5. What are our legal justifications for processing data Data protection and privacy laws usually require us to have a legal basis or lawful grounds for handling personal information. Broadly, that means that we have to have a legal justification for handling your personal information. For the most part, we need to handle your personal information to be able to:
- provide you with the products or services that you have asked for; and
- for our products, Websites and Apps to be able to work properly and to do all the things that you expect them to. We rely on our contractual arrangements with you as the lawful basis on which we collect and process your personal data when you make an order for products and services. The same ground we use when you want to use Cloud Services, as a part of the performing Terms of Services for Cloud Services. Sometimes, our use of your personal information is not strictly necessary for us to be able to provide you with our products and services, or for them to work properly. In those circumstances, we have what’s called a “legitimate interest” in handling your personal information; our “legitimate interest” may be to:
- detect and prevent fraud;
- keep our websites, apps, products and IT systems secure;
- ensure that our own processes, procedures, and systems are as efficient as possible;
- analyze and enhance the information that we collect;
- determine the effectiveness of our promotional campaigns and advertising; and
- customize and improve the way that you shop and engage with us in the future. Where we rely on our legitimate interests, we will always make sure that we find the balance between these interests and your rights. In some cases, we will use your personal data because it is necessary for us to comply with a legal obligation (such as if we receive a legitimate request from a law enforcement agency). Finally, there will be certain personal information that you share with us which we specify as being optional (for example, to send you advertising and marketing communications or to monitor your use of the Photogram products, Websites and Apps). We will ask you to provide consent for such data processing to confirm that you are agreeing to our use of your information in that way. You can ask us to delete that information at any time by emailing at privacy@Photogram.pro. No matter the location, we collect explicit consent from all users in order to send our marketing emails. To join the subscribers’ list you should give us your consent to receive such a newsletter. You can opt-out of receiving marketing emails at any time by clicking the “unsubscribe” link found within our emails and changing your contact preferences.
6. What personal information Photogram shares with third parties
6.1. Sharing within the Photogram Group Most of Photogram’s processes, procedures, and systems are shared across the Photogram Group, which means that we need to share your personal information between us. We make sure that access to your personal information is limited to those of our staff who need it, and that all staff understands how and why we protect your personal information.
- certain distributors who help us to sell our products in certain countries;
- those helping us to deliver products to you;
- third parties that help us with mailing services, product service and repairs, processing product purchases, financial services, audit services, administrative services, IT technologies (e.g., data storage), security services and insurance claims; and
- third parties that help us to provide services and responses to you.
6.3. Third parties that help us with our advertising and marketing We want to make sure that our advertising and marketing is relevant and interesting to you and our other customers. That means that we work with third parties to help us to understand how well our online advertising works, or to reach people who are more interested in Photogram products. They do this by setting cookies on our website (more information on this can be found in our cookies policy). We will also share limited personal information with:
- social media platforms (such as Facebook), who serve our advertising on their platforms; and
- third party data providers and analytics companies who perform data matching and/or data analysis on our behalf.
7. External links You can sometimes find links to other sites on the website. These third-party sites have their own privacy policies. We have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
9. Your rights Consistent with applicable law, you may exercise any of the rights described in this section before us. See here for information on data subject rights requests and how to submit a request. Please note that we may ask you to verify your identity and request before taking further action on your request.
9.1. Managing your Information You may access and update some of your information through your account settings. You are responsible for keeping your personal information up-to-date.
9.2. Rectification of inaccurate or incomplete information You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your Photogram app, or another tool).
9.3. Data access and portability In some jurisdictions, applicable law may entitle you to request certain copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
9.4. Data retention and erasure We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely. Please note that if you request the erasure of your personal information:
- we may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention, and enhancing safety;
- we may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations;
- information you have shared with others (e.g., reviews, forum postings) may continue to be publicly visible on the Photogram platforms, even after your account is canceled. However, the attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database but are disassociated from personal identifiers;
- because we maintain the Photogram Websites and Apps to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
9.5. Withdrawing consent and restriction of processing If we are processing your personal information based on your consent, you may withdraw your consent at any time by changing your account settings or by sending an email at privacy@Photogram.pro. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.
9.6. Objection to processing In some jurisdictions, applicable law may entitle you to require Photogram not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, Photogram will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims. Where your personal information is processed for direct marketing purposes, you may, at any time, ask Photogram to cease processing your data for these direct marketing purposes by sending an email at privacy@Photogram.pro.
10. How we protect your personal information We are committed to protecting your personal information. We use appropriate technical and organizational measures, including encryption, to protect your personal information and privacy, and review those regularly. We protect your personal information using a combination of physical and IT security controls, including access controls that restrict and manage the way in which your personal information and data are processed, managed, and handled. We also ensure that our staff is adequately trained in protecting your personal information. Our procedures mean that we may occasionally request proof of identity before we share your personal information with you. In the unlikely event that we do suffer a security breach which compromises our protection of your personal information and we need to let you know about it, we will do so.
11. Transfer of your personal data We may need to transfer your personal data to other countries, in the following circumstances:
- where you have requested a service which is fulfilled by one of our group companies which sit outside of your country; or
12. Children Photogram’s Websites and Apps, Cloud Services, and products are not directed at children. We do not knowingly collect any personal information from children. If you are a child, please do not attempt to become a registered user of our Websites and Apps, Cloud Services, or products or otherwise provide us with any personal information. If we learn that we have inadvertently obtained personal information from a child, we will delete that information as soon as possible. If you are aware of a child who has provided their personal information to us, please contact us at privacy@Photogram.pro.