Privacy Policy

1. Background

1.1 For the purpose of the Danish Data Protection Act, the data controller is IndieFrame ApS, Flæsketorvet68, 1711 København V, Denmark (hereinafter “IndieFrame”, “we” or “us”). IndieFrame’s company registration number at the Danish Business Agency is 38164511.

1.2 Since we know that you care about how your personal information is used, we take your privacy seriously. This Privacy Policy complies with the European General Data Protection Regulation, and covers our treatment of personally identifiable information (hereinafter “Personal Information”) gathered when the users (hereinafter “Users” or “you”) register and access the Platform and/or use the Service.

2. What kinds of information do we collect?

We collect information in several ways from different parts of the Platform and from the Service. The information we gather allows us to personalize and improve our services. You can learn how to access and delete information that we collect in the section Your rights as a user.

2.1 The information provided by you

2.1.1 When you sign up

Some Personal Information is gathered when you register. During registration, we receive some Personal Information as well as other information about you. When registering via our online form, you provide us with certain information, including email, password, username, birthday and country of origin. When registering and signing in via third party application login (such as Facebook), you authorize us to access certain account information from that third party application, such as your basic profile information (including but not limited to name, profile picture, gender, age range) and additional information such as your birthday, e-mail address, friends.

Some of this information will never be made public, such as your birthday, age range, gender and password. Other information can be either hidden by default (email address, country of origin) or public by default (name and profile picture if third party application sign up, geolocation). You can soon manage the visibility of this information under your Profile Settings.

Please note that your username will be public at all times.

2.1.2 When you use the Platform

2.1.2.1 We collect the content, communications and other information you provide when you use the Platform, share content on the Platform or communicate with us or others. This includes information in or about the content you provide (the metadata), such as the location where a photo was taken or the creation date of the file.

2.1.2.2 Please note that we may receive special categories of data (such as information about a person’s health or sexual orientation) when such information is object of the content uploaded. This information will not be used in any way, but will be stored to the extent we receive it. When a User makes such information about him or herself public, the information can be legally processed. When a User makes such information about others public, he or she is responsible for ensuring consent of the natural person that the information concerns.

2.1.2.3 We will ask for your permission to enable location of your device. If location is enabled, then we will use your location to send information to you if a certain event is happening in your area/location, and other Users will also be able to see that you that are close to a spot they might have a photo/video from. Location may also be used for analytics etc., cf. section 4 below.

2.1.2.4 In addition, we may collect and store any personal information you provide while using our Service or in some other manner. This may include identifying information, such as your name, address, email address and telephone number.

2.1.2.5 If you get in touch with other Users, the content of your messages will only be stored in certain instances and only due to technical requirements – we do not long term store your messages on our servers. If you contact us with a customer service or other inquiry, we may store such communication long term, and you provide us with the necessary permissions to keep and use content of such communication.

2.1.2.6 We receive and store any information you provide to us in any way. The types of Personal Information collected include your name, and e-mail address and any other information necessary for us to provide the Service, including the usernames and passwords for your accounts and profiles on third party sites with which the Service interoperates. You can choose not to provide us with certain information, but then you may not be able to use some or all features on the Platform.

2.2 Information collected automatically

2.2.1 We receive and store certain types of information of user interaction with the Platform and the Service. For example, we receive information such as the content you view and engage with, the Platform features you use, the actions you take, the people or profiles you interact with, enabling us to operate and improve the Platform. We also collect information on the time, frequency and duration of your activities on the Platform.

2.2.2 We collect information on your device, including:

· Device attributes: operative system (iOS, Android), hardware and software version, device type

· Device operations related to the app: windows foregrounded or backgrounded

· Device settings: whether you enabled access to your GPS location, camera or photos

2.2.3 We collect information on transactions operated through the Platform, such as the name of the media bought, the price, how many times a media has been bought, the user ID who sold the picture.

2.2.4 We collect information from third party applications used in relation to the Platform, such as Facebook ID, timezone, profile picture and similar.

2.2.5 More generally, we automatically collect usage information, such as the numbers and frequency of User to the Platform and its components.

3. What is our legal basis for processing data?

We collect, use and store this information:

· Based on your consent, given freely, and that you may withdraw at any time in your Profile Settings

· For the fulfilment of our contractual obligations when delivering the Platform to you. This means the Users are entering a contract with IndieFrame for the provision of our services and of the Platform, for which the procession of their personal data is necessary.

· As necessary to comply with our legal obligations

4. How do we use this information?

4.1 Provide and improve the platform. We collect and use information about you and your use of the Platform to:

· deliver and improve our services, and manage our business;

· manage your account and provide you with customer support;

· improve our servicing of Users, develop new features and updates;

· develop personalization services, interactive communication and other types of service.

We may use this information for machine learning, aimed at improving the performances of the Platform.

4.2  Perform research and analysis about your use of the Platform and your interest in specific services, content or features. This includes web and mobile application analytics. We only use this data as statistical and analytical measures - not in a manner that would identify any single User. Such aggregate data enables us to make the Platform appealing to as many Users as possible, and to improve the Service. As part of this use of information, we may provide aggregate information to partners about the overall use of our Service. We share this type of statistical data so that our partners also may provide you with an optimal experience with their services. We never disclose aggregate information to a partner in a manner that would identify a User personally.

If you do not want us to collect and use your data about your activities on the Platform for analytical purposes, you can change this under your Profile Settings.

4.3 Develop and implement machine learning for image recognition. This is necessary for the improvement of the Platform, the personalization of services, and the detection of copyright infringements. Please note that we are processing the content metadata in an anonymized manner, so that the information cannot be related to a specific User.

4.4 Promote safety, integrity and security. We use your information to verify accounts and activity, providing you with a safe Platform, along with the monitoring of potential suspicious activities or violations to our Terms and Conditions. It is also essential to be able to identify who you are as a user when content is being sold, so that the process is safe and reliable for both parties in the transaction process. Some of your information is crucial in order to establish your reliability and credibility as a user, whether regarding the authenticity of a picture (e.g. geolocation) or your identity (e.g. username). However, IndieFrame is aware of its Users privacy concerns and provides opportunity to manage their information visibility and hide information such as geolocation (under Profile Settings), the only exception being the username. 

We need to be able to identify users in order to protect their data when we receive requests to access, rectify, erase or port data.

We further need to be able to identify users to ensure respect of our Terms and Conditions and take appropriate measures when breaches or abuses occur.

4.5 Communicate with you. We use your information to send you marketing communications, inform you about new features and updates, about products or services that may interest you whether from us or from third parties, and let you know about our Policies and Terms and Conditions. We also use your information to respond to you when you get in touch with us.

5. How do we share your data?

5.1 Personal Information about our customers is an essential part of our business. We neither rent nor sell your Personal Information to anyone. We share your Personal Information only as described below.

5.2 Agents, sub-suppliers and service providers:

5.2.1 We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.

5.2.2 Third party service providers that make their services and activities available via our Service may access your Personal Information to the extent it is necessary for you to acquire such third party services.

5.2.3 IndieFrame is using the Fabric and Google Analytics services for statistical and analytical purposes, and Amazon Web Services for image recognition. 

5.3 User profiles and other information you post:

5.3.1 User profile information including User’s name, email address, and other information you enter (“User Submissions”) may be displayed to other Users to facilitate User interaction within the App. Your username and the content you upload will always be visible to others on the Platform. Other information can be hidden or visible depending on your Profile Settings.

5.4 In addition, we may share your personal information with public and judicial authorities if we are obligated to disclose your personal information to them.

6. Personal Information disclosed online by Users

Your Username will be displayed to other Users when you upload images, videos or send messages through the Platform and other Users are able to contact you through messages and comments.

7. Third Party Services

This Privacy Policy addresses only the use and disclosure of Personal Information we collect from you. If you disclose your information to others, or if you are directed to a third party website, their privacy notices and practices will apply. These third party services may independently collect information, including personal information, from you and, in some instances, provide us with information about your activities on those services. We recommend that you consult the privacy statements of all third party services you use.

8. Your rights as a user

8.1 You have the right to withdraw consent to the processing of your data anytime.

8.2 As provided by the GDPR, you have the right to:

· Access the personal information about you that we collect and use. You have the right to obtain a copy of your data free of charge. However, we may charge a fee corresponding to administrative costs if further copies of the information are requested, or if the request is unfounded or excessive.

· Ask for rectification of incorrect or inaccurate data concerning you, or to have incomplete personal data completed.

· Ask that your personal data be erased.

· Ask for the restriction of the processing of your data (under certain circumstances)

· Port your data

· Object to the processing of your data for marketing purposes

When we receive a request to access, rectify, erase or port data, we may ask you for additional information in order to confirm your identity and ensure your data security.

8.3 If you consider that our processing of your personal information is not complying with the applicable law, you have the right to lodge a complaint to the Danish Agency for Data Protection:

Datatilsynet

Borgergade 28

1300 København K

Phone number: +45 33 19 32 00

Email: dt@datatilsynet.dk

9. Data retention and account deletion

9.1 We store data until you withdraw your consent, until it is no longer necessary for the purpose of processing or until it is no longer necessary to comply with our legal obligations. We determine the period for which we keep personal data based on the nature of the data, the reasons why we collect and process them, and the legal and operational needs which are relevant.

9.2 When you withdraw your consent or delete your account, we delete the data attached to your account, such as your username, your personal information and the content you uploaded. We may keep data necessary to the safety and security of the Platform and of other users, such as your username and user ID. This allows us, for example, to identify users that have been banned for breaches or violations of our Terms and Conditions, and prevent repeated abuse. It can also help us ensure that someone is not setting up an IndieFrame account using your email address after you deleted your account.

10. Communication in response to User Submissions

As part of the Service, you will receive email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, we may send you email and other communication that we determine in our sole discretion relate to your User Submissions.

11. Business transfers

We may at some point decide to sell some of our assets or activities. In such transactions, our customer information could be a business asset to be transferred. If our business, the Platform, or substantially all of its assets is acquired, or in the unlikely event that we end our business or enter into bankruptcy, customer information would be an asset transferred to or acquired by a third party. You acknowledge that any such transfers may occur, and that any acquirer of the Platform may continue to use your Personal Information on the terms described in this Privacy Policy.

12. Legal protection

12.1 We may release Personal Information when we in good faith believe that release is necessary

· to comply with legal requirements;

· to enforce or apply our conditions of use and other agreements; or

· to protect our rights, property, or safety, our employees, our Users, or others.

12.2 Information that we collect and use about you can be accessed and preserved for an extended period when subject to a legal request or obligation, governmental investigation or investigations of possible breaches of our Terms and Conditions. We also keep information from accounts disabled for breaches of our Terms and Conditions for an extended period to prevent other term breaches or repeated abuse.

12.3 Except as set forth above in this Privacy Policy, you will be notified when your Personal Information may be shared with Third Parties, and you will be able to prevent the sharing of this information.

13. Security

13.1 Your IndieFrame Account Personal Information is protected by a password for your privacy and security. You should ensure no unauthorized access to your account and Personal Information by selecting and protecting your password appropriately, and by signing off when finishing accessing your account. When signing in via third party application provider your password is solely managed by such third party.

13.2 We do our best to ensure that User account information is kept private. However, we cannot guarantee the security of User account information. Various instances such as unauthorized entry/use, hardware or software failure, and other factors, may compromise the security of User information.

13.3 This Privacy Policy only governs information collected on the Platform.

14. User options

14.1 You can always opt not to disclose information, even though it may be needed to use the Platform or some features of the Service.

14.2 You may add or update certain information on the Platform. When you update information, however, we often maintain a copy of the unrevised information in our records.

14.3 You may request deactivation of your IndieFrame account by following the instructions. Please note that some information may remain in our records after your account has been deactivated.

14.4 When you register for an IndieFrame Account, you can decide whether to give consent to receive email or other communications from us. Please note that if you choose not to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Service, and you are responsible for reviewing such legal notices for changes.

15. Children's privacy

The Platform is not directed to individuals under the age of 18. We prohibit registration by and will not knowingly collect Personal Information from anyone under 18. This requirement will be posted at points of data collection within the Platform, such as registration for services.

16. Changes to Privacy Policy

16.1 This Privacy Policy may be amended from time to time. You will be notified before we make changes to this policy and you will be given the opportunity to review this revised policy before you choose to continue using the Platform.

16.2 Use of Personal Information we collect now is subject to the Privacy Policy that is in effect at the time the information is used.

16.3 We will use information in accordance with the privacy policy under which the information was collected.

17. Questions or concerns

17.1 If you have any feedback on this Privacy Policy, you can contact us:

· By mail at Flaesketorvet 68, 1711 Copenhagen V, Denmark

· On the phone at +45 27 21 10 57 or +45 51 94 14 15

· By email at info@indieframe.com with any questions and suggestions.

We will try our best to reply to your questions and resolve your concerns.

17.2 You can contact our Data Protection Officer with questions and requests regarding data protection at mc@indieframe.com.