Privacy Policy
Your privacy is
important to us. It is Partemfructus Limited's policy to respect your privacy
and comply with any applicable law and regulation regarding any personal
information we may collect about you, including via our app, SendPhotoProof,
and its associated services.
Personal information
is any information about you which can be used to identify you. This includes
information about you as a person (such as name, address, and date of birth),
your devices, payment details, and even information about how you use an app or
online service.
In the event our app
contains links to third-party sites and services, please be aware that those
sites and services have their privacy policies. After following a link to
any third-party content, you should read their posted privacy policy information
about how they collect and use personal information. This Privacy Policy does
not apply to any of your activities after you leave our app.
This policy is
effective as of August 20, 2024.
Last updated: August
20, 2024
Information We Collect
Information we collect
falls into one of two categories: 'voluntarily provided' information and
'automatically collected' information.
'Voluntarily provided'
information refers to any information you knowingly and actively provide us
when using our app and its associated services.
'Automatically
collected' information refers to any information automatically sent by your
device in the course of accessing our app and its associated services.
Log Data
When you access our
servers via our app, we may automatically log the standard data provided by
your device. It may include your device's Internet Protocol (IP) address, your
device type and version, your activity within the app, time and date, and other
details about your usage.
Additionally, when you
encounter certain errors while using the app, we automatically collect data
about the error and the circumstances surrounding its occurrence. This data may
include technical details about your device, what you were trying to do when
the error happened, and other technical information relating to the problem.
You may or may not receive notice of such errors, even at the moment they
occur, that they have occurred, or what the nature of the error is.
Please be aware that
while this information may not be personally identifying by itself, it may be
possible to combine it with other data to personally identify individual
persons.
Device Data
Our app may access and
collect data via your device's in-built tools, such as:
- Your identity
- Location data
- Camera
- Microphone
When you install the
app or use your device’s tools within the app, we request permission to access
this information. The specific data we collect can depend on the individual
settings of your device and the permissions you grant when you install and use
the app.
Personal Information
We may ask for
personal information — for example, when you subscribe to our newsletter or
when you contact us — which may include one or more of the following:
- Name
- Email
- Phone/mobile number
- Home/mailing address
Legitimate Reasons for
Processing Your Personal Information
We only collect and
use your personal information when we have a legitimate reason for doing so. In
this instance, we only collect personal information that is reasonably
necessary to provide our services to you.
Collection and Use of
Information
We may collect
personal information from you when you do any of the following on our app:
- Register for an account
- Sign up to receive updates from us
via email or social media channels
- Use a mobile device or web browser
to access our content
- Contact us via email, social
media, or any similar technologies
- When you mention us on social
media
We may collect, hold,
use and disclose information for the following purposes, and personal
information will not be further processed in a manner that is incompatible with
these purposes:
- to provide you with our app and
platform's core features and services
- to enable you to customize or
personalize your experience of our app
- to deliver products and/or
services to you
- to contact and communicate with
you
- for analytics, market research,
and business development, including to operate and improve our app,
associated applications, and associated social media platforms
- to enable you to access and use
our app, associated platforms, and associated social media channels
- to comply with our legal
obligations and resolve any disputes that we may have
- to attribute any content (e.g.
posts and comments) you submit that we publish on our app
- for security and fraud prevention,
and to ensure that our sites and apps are safe, secure, and used in line
with our terms of use
We may combine
voluntarily provided and automatically collected personal information with
general information or research data we receive from other trusted sources. For
example, If you consent to us accessing your social media profiles, we may
combine information sourced from those profiles with information received from
you directly to provide you with an enhanced experience of our app and
services.
Security of Your
Personal Information
When we collect and
process personal information, and while we retain this information, we will
protect it within commercially acceptable means to prevent loss and theft, as
well as unauthorized access, disclosure, copying, use or modification.
Although we will do
our best to protect the personal information you provide to us, we advise that
no method of electronic transmission or storage is 100% secure and no one can
guarantee absolute data security.
You are responsible
for selecting any password and its overall security strength, ensuring the
security of your information within the bounds of our services. For
example, ensuring any passwords associated with accessing your personal
information and accounts are secure and confidential.
How Long We Keep Your
Personal Information
We keep your personal
information only for as long as we need to. This period may depend on what
we are using your information for, by this privacy policy. For
example, if you have provided us with personal information as part of creating
an account with us, we may retain this information for the duration your
account exists on our system. If your personal information is no longer
required for this purpose, we will delete it or make it anonymous by removing
all details that identify you.
However, if necessary,
we may retain your personal information for our compliance with a legal,
accounting, or reporting obligation or for archiving purposes in the public
interest, scientific, or historical research purposes or statistical purposes.
Children’s Privacy
We do not aim any of
our products or services directly at children under the age of 13 and we do not
knowingly collect personal information about children under 13.
Disclosure of Personal
Information to Third Parties
We may disclose
personal information to:
- a parent, subsidiary or affiliate
of our company
- third-party service providers to enable them to provide their services including (without
limitation) IT service providers, data storage, hosting and server
providers, ad networks, analytics, error loggers, debt collectors,
maintenance or problem-solving providers, providers, professional
advisors, and payment systems operators
- our employees, contractors, and/or
related entities
- our existing or potential agents
or business partners
- credit reporting agencies, courts,
tribunals, and regulatory authorities, in the event you fail to pay for
goods or services we have provided to you
- courts, tribunals, regulatory
authorities, and law enforcement officers, as required by law, in
connection with any actual or prospective legal proceedings, or to establish, exercise, or defend our legal rights
- third parties, including agents or
sub-contractors who assist us in providing information, products,
services, or direct marketing to you
- third parties to collect and
process data
- an entity that buys, or to which
we transfer all or substantially all of our assets and business
Third parties we
currently use include:
- Google Analytics
- PayPal
- Stripe
- Google Payments
- Apple Pay
Your Rights and
Controlling Your Personal Information
Your choice: By
providing personal information to us, you understand we will collect, hold,
use, and disclose your personal information by this privacy
policy. You do not have to provide personal information to us, however, if you
do not, it may affect your use of our app or the products and/or services
offered on or through it.
Information from third
parties: If we receive personal information about you from a
third party, we will protect it as set out in this privacy policy. If you are a
third party providing personal information about somebody else, you represent
and warrant that you have such person’s consent to provide the personal
information to us.
Marketing permission: If
you have previously agreed to use your personal information for direct
marketing purposes, you may change your mind at any time by contacting us using
the details below.
Access: You
may request details of the personal information that we hold about you.
Correction: If
you believe that any information we hold about you is inaccurate, out of date,
incomplete, irrelevant, or misleading, please contact us using the details
provided in this privacy policy. We will take reasonable steps to correct any
information found to be inaccurate, incomplete, misleading, or out of date.
Non-discrimination: We
will not discriminate against you for exercising any of your rights over your
personal information. Unless your personal information is required to provide
you with a particular service or offer (for example serving particular content
to your device), we will not deny you goods or services and/or charge you
different prices or rates for goods or services, including through granting
discounts or other benefits, or imposing penalties, or provide you with a
different level or quality of goods or services.
Downloading of
Personal Information: We provide a means for you to
download the personal information you have shared through our app. Please
contact us for more information.
Notification of data
breaches: We will comply with laws applicable to us in respect
of any data breach.
Complaints: If
you believe that we have breached a relevant data protection law and wish to
make a complaint, please contact us using the details below and provide us with
full details of the alleged breach. We will promptly investigate your complaint
and respond to you, in writing, setting out the outcome of our investigation
and the steps we will take to deal with your complaint. You also have the right
to contact a regulatory body or data protection authority about your
complaint.
Unsubscribe: To
unsubscribe from our email database or opt out of communications (including
marketing communications), please contact us using the details provided in this
privacy policy, or opt-out using the opt-out facilities provided in the
communication. We may need to request specific information from you to help us
confirm your identity.
Use of Cookies
Our privacy policy
covers the use of cookies between your device and our servers. A cookie is a
small piece of data that an app may store on your device, typically containing
a unique identifier that allows the app servers to recognise your device when you
use the app; information about your account, session and/or device; additional
data that serves the purpose of the cookie; and any self-maintenance
information about the cookie itself.
We use cookies to give
your device access to core features of our app, to track app usage and
performance on your device, to tailor your experience of our app based on your
preferences, and to serve advertising to your device. Any communication of
cookie data between your device and our servers occurs within a secure
environment.
Please refer to our
Cookie Policy for more information.
Business Transfers
If we or our assets
are acquired, or in the unlikely event that we go out of business or enter
bankruptcy, we would include data, including your personal information, among
the assets transferred to any parties who acquire us. You acknowledge that such
transfers may occur and that any parties who acquire us may, to the extent
permitted by applicable law, continue to use your personal information
according to this policy, which they will be required to assume as it is the
basis for any ownership or use rights we have over such information.
Limits of Our Policy
Our app may link to
external sites that are not operated by us. Please be aware that we have no
control over the content and policies of those sites, and cannot accept
responsibility or liability for their respective privacy practices.
Changes to This Policy
At our discretion, we
may change our privacy policy to reflect updates to our business processes,
current acceptable practices, or legislative or regulatory changes. If we
decide to change this privacy policy, we will post the changes here.
If the changes are
significant, or if required by applicable law, we will contact you (based on
your selected preferences for communications from us) and all our registered
users with the new details and links to the updated or changed policy.
If required by law, we
will get your permission or allow you to opt in to or opt out
of, as applicable, any new uses of your personal information.
Additional Disclosures
for Australian Privacy Act Compliance (AU)
International
Transfers of Personal Information
Where the disclosure
of your personal information is solely subject to Australian privacy laws, you
acknowledge that some third parties may not be regulated by the Privacy Act and
the Australian Privacy Principles in the Privacy Act. You acknowledge that if
any such third party engages in any act or practice that contravenes the
Australian Privacy Principles, it would not be accountable under the Privacy
Act, and you will not be able to seek redress under the Privacy Act.
Additional Disclosures
for U.S. States Privacy Law Compliance.
The following section
includes provisions that comply with the privacy laws of these states
(California, Colorado, Delaware, Florida, Virginia, and Utah) and apply
only to the residents of those states. Specific references to a particular
state (in a heading or the text) are only a reference to that state's law
and apply only to that state's residents. The non-state-specific language applies
to all of the states listed above.
Do Not Track
Some browsers have a
"Do Not Track" feature that lets you tell websites that you do not
want to have your online activities tracked. At this time, we do not respond to
browser "Do Not Track" signals.
We adhere to the
standards outlined in this privacy policy, ensuring we collect and process
personal information lawfully, fairly, transparently, and with legitimate,
legal reasons for doing so.
Cookies and Pixels
At all times, you may
decline cookies from our site if your browser permits. Most browsers allow you
to activate settings on your browser to refuse the setting of all or some
cookies. Accordingly, your ability to limit cookies is based only on your
browser’s capabilities. Please refer to the Cookies section of this privacy
policy for more information.
California Privacy
Laws - CPPA
Under California Civil
Code Section 1798.83, if you live in California and your business relationship
with us is mainly for personal, family, or household purposes, you may ask us
about the information we release to other organizations for their marketing
purposes. By your right to non-discrimination, we may offer you
certain financial incentives permitted by the California Consumer Privacy Act,
and the California Privacy Rights Act (collectively, CCPA) that can result in
different prices, rates, or quality levels for the goods or services we
provide. Any CCPA-permitted financial incentive we offer will reasonably relate
to the value of your personal information, and we will provide written terms
that describe clearly the nature of such an offer. Participation in a financial
incentive program requires your prior opt-in consent, which you may revoke at
any time.
Under California Civil
Code Section 1798.83, if you live in California and your business relationship
with us is mainly for personal, family, or household purposes, you may ask us
about the information we release to other organizations for their marketing
purposes. To make such a request, please contact us using the details provided
in this privacy policy with “Request for California privacy information” in the
subject line. You may make this type of request once every calendar year. We
will email you a list of categories of personal information we revealed to
other organisations for their marketing purposes in the last calendar year,
along with their names and addresses. Not all personal information shared in
this way is covered by Section 1798.83 of the California Civil Code.
California Notice of
Collection
In the past 12 months,
we have collected the following categories of personal information enumerated
in the CCPA:
- Identifiers, such as name, email
address, phone number, account name, IP address, and an ID or number
assigned to your account.
- Customer records, such as billing
and shipping address, and credit or debit card data.
- Geolocation data.
For more information
on the information we collect, including the sources we receive information from,
review the “Information We Collect” section. We collect and use these
categories of personal information for the business purposes described in the
“Collection and Use of Information” section, including providing and managing our Service.
Right to Know and
Delete
You have the right to
delete the personal information we collected and know certain information
about our data practices in the preceding 12 months. In particular, you have
the right to request the following from us:
- The categories of personal
information we have collected about you;
- The categories of sources from
which the personal information was collected;
- The categories of personal
information about you we disclosed for a business purpose or sold;
- The categories of third parties to
whom the personal information was disclosed for a business purpose or
sold;
- The business or commercial purpose
for collecting or selling the personal information; and
- The specific pieces of personal
information we have collected about you.
To exercise any of
these rights, please contact us using the details provided in this privacy
policy.
Shine the Light
In addition to the
rights discussed above, you have the right to request information from us
regarding how we share certain personal information as defined
by applicable statutes with third parties and affiliates for their direct
marketing purposes.
To receive this
information, send us a request using the contact details provided in this
privacy policy. Requests must include “Privacy Rights Request” in the first
line of the description and include your name, street address, city, state, and
ZIP code.
Additional Disclosures
for UK General Data Protection Regulation (UK GDPR) Compliance (UK)
Data Controller / Data
Processor
The GDPR distinguishes
between organisations that process personal information for their purposes
(known as “data controllers”) and organizations that process personal
information on behalf of other organizations (known as “data processors”). For
the purposes covered by this Privacy Policy, we are a Data Controller concerning the personal information you provide to us and remain compliant with
our data controller obligations under GDPR.
Third-Party Provided
Content
We may indirectly
collect personal information about you from third parties who have your
permission to share it. For example, if you purchase a product or service from
a business working with us, and give your permission for us to use your details
to complete the transaction.
We may also collect
publicly available information about you, such as from any social media and
messaging platforms you may use. The availability of this information will
depend on both the privacy policies and your privacy settings on such
platforms.
Additional Disclosure
for Collection and Use of Personal Information
In addition to the
aforementioned purposes warranting the collection and use of personal
information, we may also conduct marketing and market research activities,
including how visitors use our site, website improvement opportunities and user
experience.
Personal Information
No Longer Required for Our Purposes
If your personal
information is no longer required for our stated purposes, or if you instruct
us under your Data Subject Rights, we will delete it or make it anonymous by
removing all details that identify you (“Anonymisation”). However, if
necessary, we may retain your personal information for our compliance with a
legal, accounting, or reporting obligation or for archiving purposes in the
public interest, scientific, or historical research purposes or statistical
purposes.
Legal Bases for
Processing Your Personal Information
Data Protection and
Privacy Laws permit us to collect and use your data on a limited
number of grounds. In this case, we will collect and use your personal
information lawfully, fairly and transparently. We never directly
market to any person(s) under 18 years of age.
Our lawful bases
depend on the services you use and how you use them. This is a non-exhaustive
list of the lawful bases we use:
Consent From You
Where you give us
consent to collect and use your personal information for a specific purpose.
You may withdraw your consent at any time using the facilities we provide;
however, this will not affect any use of your information that has already taken
place. When you contact us, we assume your consent based on your positive
action of contact, therefore you consent to your name and email address being
used so we can respond to your enquiry.
Where you agree to
receive marketing communications from us, we will do so based solely on your
indication of consent or until you instruct us not to, which you can do at any
time.
While you may request
that we delete your contact details at any time, we cannot recall any email we
have already sent. If you have any further enquiries about how to withdraw your
consent, please feel free to enquire using the details provided in the Contact
Us section of this privacy policy.
Performance of a
Contract or Transaction
Where you have entered
into a contract or transaction with us, or to take preparatory steps before we entered into a contract or transaction with you. For example, if
you contact us with an enquiry, we may require personal information such as
your name and contact details to respond.
Our Legitimate
Interests
Where we assess it is
necessary for our legitimate interests, such as for us to provide, operate,
improve and communicate our services. We consider our legitimate interests to
include research and development, understanding our audience, marketing and promoting
our services, measures taken to operate our services efficiently, marketing
analysis, and measures taken to protect our legal rights and interests.
Compliance with Law
In some cases, we may
have a legal obligation to use or keep your personal information. Such cases
may include (but are not limited to) court orders, criminal investigations,
government requests, and regulatory obligations. For example, we are required to
keep financial records for 7 years. If you have any further
enquiries about how we retain personal information to comply with the
law, please feel free to enquire using the details provided in the Contact Us
section of this privacy policy.
International
Transfers of Personal Information
The personal
information we collect is stored and/or processed in the United Kingdom by us.
Following an adequacy decision by the EU Commission, the UK has been granted an
essentially equivalent level of protection to that guaranteed under UK GDPR.
On some occasions,
where we share your data with third parties, they may be based outside of the
UK, or the European Economic Area (“EEA”). These countries to which we store,
process, or transfer your personal information may not have the same data protection
laws as the country in which you initially provided the information.
If we transfer your
personal information to third parties in other countries:
- we will perform those transfers according to the requirements of the UK GDPR (Article 45) and Data
Protection Act 2018;
- we will adopt appropriate
safeguards for protecting the transferred data, including in transit, such
as standard contractual clauses (“SCCs”) or binding corporate rules.
Your Data Subject
Rights
Right to Restrict
Processing: You have the right to request
that we restrict the processing of your personal information if (i) you are
concerned about the accuracy of your personal information; (ii) you believe
your personal information has been unlawfully processed; (iii) you need us to
maintain the personal information solely for a legal claim; or
(iv) we are in the process of considering your objection about
processing based on legitimate interests.
Right to Object: You
have the right to object to the processing of your personal information that is
based on your legitimate interests or public interest. If this is done, we must
provide compelling legitimate grounds for the processing which overrides your
interests, rights, and freedoms, to proceed with the processing of
your personal information.
Right to be Informed: You
have the right to be informed about how your data is collected, processed,
shared and stored.
Right of Access: You
may request a copy of the personal information that we hold about you at any
time by submitting a Data Subject Access Request (DSAR). The statutory deadline
for fulfilling a DSAR request is 30 calendar days from our receipt of your
request.
Right to Erasure: In
certain circumstances, you can ask for your data to be erased from the
records held by organisations. However this is a qualified right; it is not
absolute, and may only apply in certain circumstances.
When may the right to
erasure apply?
- When the personal data is no
longer necessary for the purpose for which it was originally collected or
processed.
- If consent was the lawful basis
for processing personal data and that consent has been withdrawn.
Partemfructus Limited relies on consent to process personal data in very
few circumstances.
- The Company is relying on
legitimate interests as a legal basis for processing personal data and an
individual has exercised the right to object and it has been determined
that the Company has no overriding legitimate grounds to refuse that
request.
- Personal data are being processed
for direct marketing purposes e.g. a person’s name and email address, and
the individual objects to that processing.
- There is legislation that requires
that personal data are to be destroyed.
Right to Portability: Individuals
have the right to get some of their data from an organisation in a way
that is accessible and machine-readable, for example as a CSV file. Associated
with this, individuals also have the right to ask an organisation to transfer
their data to another organisation.
However, the right to
portability:
- only applies to personal data
which a person has directly given to Partemfructus Limited in electronic
form; and
- onward transfer will only be
available where this is “technically feasible”.
Right to
Rectification: If personal data is inaccurate,
out of date, or incomplete, individuals have the right to correct, update or
complete that data. Collectively this is referred to as the right to
rectification. Rectification may involve filling the gaps i.e. having
incomplete personal data completed – although this will depend on the purposes
for the processing. This may involve adding a supplementary statement to the
incomplete data to highlight any inaccuracy or claim thereof.
This right only
applies to an individual’s data; a person cannot seek the
rectification of another person’s information.
Notification of data
breaches: Upon discovery of a data breach, we will investigate
the incident and report it to the UK’s data protection regulator and yourself,
if we deem it appropriate to do so.
Complaints: You
have the right, at any time, to complain to the Information
Commissioner’s Office (ICO), the UK supervisory authority for data protection
issues (www.ico.org.uk).
We would, however, appreciate the chance to deal with your concerns before you
approach the ICO so please contact us in the first instance using the details
below. Please provide us with as much information as you can about the alleged
breach. We will promptly investigate your complaint and respond to you, in
writing, setting out the outcome of our investigation and the steps we will
take to deal with your complaint.
Enquiries, Reports and
Escalation
To enquire about
Partemfructus Limited's privacy policy, or to report violations of user
privacy, you may contact our Data Protection Officer using the details in the
Contact Us section of this privacy policy.
If we fail to resolve
your concern to your satisfaction, you may also contact the Information
Commissioner’s Office (ICO), the UK Data Protection regulator:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate)
Website: www.ico.org.uk
Contact Us
For any questions or
concerns regarding your privacy, you may contact us using the following
details:
Customer Service
[email protected]