Welcome to EyeEm, a service of EyeEm Mobile GmbH, Kohlfurter Str. 41/43, 10999 Berlin, Germany (hereinafter “we,” “us” or “our”).
The data controller responsible for the processing of your personal data when using our services within the meaning of Article 4 (7) of the General Data Protection Regulation is:
EyeEm Mobile GmbH, Kohlfurter Str. 41/43, 10999 Berlin, Deutschland
General Inquiries: firstname.lastname@example.org
Data protection officer (Franziska Uhlmann): email@example.com
“Personal data” within the meaning of Article 4 (1) of the General Data Protection Regulation is:
“... any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered as being identifiable, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics expressing the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.”
We collect and process your personal data for the purpose of providing you with our services and their advanced features, continuously improving and developing them, ensuring their technical functionality and ensuring the security of our services.
What personal information we collect from you and how we use it
(a) ... if you register as a photographer/videographer (creator)
You are “creator” if you want to share your content with us within the community (community account) or if you also want to offer it for licensing (seller account).
Community account (creator)
To set up a community member account, we need:
Seller account (creator)
For the activation of your seller account, we need the following in addition to the information that you have provided us for your community account:
Provision of the above information about you is required. Otherwise, we cannot create a user account for you and – in the case of a seller account – will not conduct transactions with you and therefore do not give licenses to your content.
We use the above data:
In principle, we only store this data until the deletion of your user account. If you have sold a license to your content, your data will also be archived for the duration of the statutory retention periods (tax-related, e.g. 10 years).
The legal basis for this processing of your personal data is the fulfilment of a contract between you and us (Art. 6 (1) (b) GDPR) or your consent (Art. 6 (1) (a) GDPR) as far as it is necessary and you have given it to us (e.g. for the newsletter).
(b) ... if you register as a buyer to purchase user licenses
If you would like to purchase licenses for the use of content posted there via the EyeEm Market (buyer account), we need the following data from you to create your user account and to carry out transactions:
Providing this information about you is required. Otherwise, we cannot create a user account for you and cannot conduct transactions with you and therefore not grant you any licenses.
We use this data
WITH YOUR CONSENT, we use your e-mail address to send you our newsletter.
We usually store this data in our active storage only until your user account is deleted and pending transactions are completed. Following this, we will archive the data for the duration of the statutory retention periods (tax-related, e.g. 10 years).
The legal basis for this processing of your personal data is the fulfilment of a contract between you and us (Art. 6 (1) (b) GDPR) or your consent (Art. 6 (1) lit.a GDPR) insofar as it is required and you have given it to us (e.g. for the newsletter).
(c) ... if you provide additional, voluntary information in your profile
If you have a creator account, you can voluntarily provide additional profile information in your profile to make it more meaningful. For example you can:
We use this data exclusively to make it visible in your profile to other users.
As a rule, we only save this data until your user account has been deleted and pending transactions have been completed.
The legal basis for this processing of your personal data is the fulfilment of a contract between you and us (Art. 6 (1) lit.b GDPR).
(d) ... if you upload content
If you have a creator account and upload content to EyeEm, we process the information contained in the metadata of the content (so-called exif data), such as date, time and location of the recording, camera type, shutter speed, etc. and any additional information you provide about the content. We only collect and process information about the location of the recording if this information is already contained in the metadata, if this information results from the content (e.g. landmarks, identifiers) or if you add the location yourself when uploading.
We use this data to provide our services, in particular to optimize the sales opportunities of the content because content with meaningful metadata can be found better.
We usually store this data only until your user account is deleted and pending transactions are completed.
The legal basis for this processing of your personal data is the fulfilment of a contract between you and us (Art. 6 (1) (b) GDPR).
(e) ... if you contact our support
If you contact our support, we will save your e-mail address and any other information that you provide in the context of your request.
The data will be stored and used exclusively for the processing of your respective request and any subsequent correspondence.
The data is stored up to six (6) months after the completion of your request with us and then deleted as far as this concerns personal data.
The legal basis for this processing of your personal data is the fulfilment or initiation of a contract between you and us (Art. 6 (1) (b) GDPR).
(f) ... if you contact us for business purposes
If you send us inquiries via our contact form or by e-mail, we will save:
We use this data to answer your inquiries and to contact you regarding possible cooperation.
We store this data until six (6) months after the completion of your inquiry with us and then delete it unless you expressly agree that we may keep it longer.
The legal basis for this processing of your personal data is the fulfilment of a contract between you and us (Art. 6 (1) (b) GDPR).
(g) ... if you register for our newsletter
If you register for our newsletter on our site, we will save:
We use your email address only to send you our newsletter and to verify your e-mail address beforehand, so that you do not receive the newsletter unintentionally, e.g. because an unauthorized third party entered your e-mail address (so-called double opt-in).
Your e-mail address will be deleted as soon as you unsubscribe from the newsletter.
The legal basis for this processing of your personal data is the fulfilment of a contract between you and us (Art. 6 (1) (b) GDPR) or your consent (Art. 6 (1) (a) GDPR), which you provide to us with your request to receive our newsletter.
(h) ... if you provide us a model or property release
If you provide us with a model or property release for the release of recordings by you, your private rooms, works or other property rights you are entitled to, we will store your data as stated in the respective release form; this data includes:
Providing this information about you is necessary in order to prove to third parties that you consent that we grant rights to use the contents that depict you. Otherwise, we will not be able to prove our eligibility and will not issue licenses.
We only disclose the information to our distribution partners within the framework of the model releases and, if necessary, to our licensees. For more information, please see point section 5.2.
We store the releases for the duration that we are allowed to market the respective content and, in case of a licensing, also store the respective content beyond this period in order to be able to prove our original authorization in hindsight. The same applies to the third party to whom we pass on this data.
The legal basis for this processing of your personal data is the fulfilment of a contract (namely the respective release) between you and us (Art. 6 (1) (b) GDPR) or your consent (Art. 6 (1) (a) GDPR) that you expressly confirm with us in the context of the respective release.
(a) Log data
Log data is data that is automatically recorded when you visit our website or use our app. Specifically, this is the following data:
We use this data solely for troubleshooting and quality-assurance purposes, for statistical and analytical purposes, and for monitoring system security.
(b) Location data
When you share your location data in your device settings, we process that data to suggest locations for tagging your content and to display nearby recorded content in our discover feed.
(c) Cookies and similar technologies
For our service to work properly, we sometimes store small files – called cookies – on your device. This is common on most major websites.
(i) What are cookies?
A cookie is a small text file that leaves a web portal on your device (computer, tablet or smartphone) when you visit it. This allows the portal to “remember” certain inputs and settings (e.g., login, language, font size, and other display preferences) over a period of time, and you do not need to re-enter them each time you visit and navigate the portal.
(ii) How can you exercise control over cookies?
You can control and/or delete cookies at your convenience. You can find out how to do this in the help function of the browser you are using or, for example, here: aboutcookies.org. You can delete all cookies stored on your device and set most browsers to prevent the storage of cookies. But then you may be required to make some settings manually each time you visit a page and accept the impairment of some features.
(iii) EyeEm cookies
of your session ID, so that our server can recognize you. This cookie is valid for one month and is automatically renewed afterwards. This is mandatory for the use of our service because features are otherwise impaired, and you e.g. cannot upload or download content for the purpose of licensing.
The information collected through cookies will not be used to identify you and the information will be completely under our control. Cookies are not used for purposes other than those mentioned here.
(iv) Cookies and similar third-party technologies
--> Provision of our services
- Google Analytics
Google processes this information on our behalf to analyze the use of the website by the user, to provide reports on the activities on the website and to provide other services in connection with the use of the website for EyeEm. As part of the services provided by Google Analytics, the IP address transmitted by the user’s browser will not be merged with other data collected by Google.
You may prevent the collection of cookie-generated data about your use of the website (including IP address) and its processing by Google by downloading and installing the following browser plug-in via the link below:
In our app, we have integrated the analysis service Crashlytics, a service of Google Inc. Crashlytics collects information for us on how and under what circumstances the app crashes. The service looks for crashes of the app, analyzes the collected data and provides us reports on it. The collected data includes not only the device type, the version of the operating system and certain data on the hardware of your mobile device and the time of the crash, but also your user ID and device ID. This information indicates how the app was working at the time of the crash. Crashlytics does not receive information that can identify you as a person. Learn more about how Crashlytics works at: http://try.crashlytics.com/terms
We use tracking tools to measure, optimize, and track clicks on our advertisements, which we position on other pages. Your user ID will not be linked to the collected data. In connection with the display of advertising, third-party servers are necessarily contacted directly when using EyeEm. The third-party providers are themselves responsible for the privacy-compliant operation of the IT systems they use. The decision on the storage duration of the data is up to the service providers.
You can find more information about the tracking pixels we use and their data processing here:
- Facebook Pixel
When you register with us through Facebook, Inc. or Google, Inc., we will receive the authentication information required for your registration, i.e.:
We use all of this information only to the same extent as the data that you provide when registering through our app or website.
If you log in via the app, the data transmitted to us will also be used to help you find your Facebook / Google+ friends or be found by them, as long as they have also linked their account to the respective services.
We only pass on your personal data to third parties (including processors, i.e. third parties who process data for us on our behalf), insofar as this is stated below or you have expressly consented to this.
If and insofar as your data is passed on to third parties whose registered office is not located in an EEA country, we ensure that the respective recipient has an adequate level of data protection, in the respective contracts there are sufficient confidentiality agreements (e.g. in the contracts with our sales partners), the standard contractual clauses of the European Commission for the transfer of personal data to processors are agreed, or we obtain your due and proper consent.
Other users of our services, whether registered or not, or those accessing the content uploaded to EyeEm through a so-called API (Application Programming Interface), may be shown any information displayed on your public EyeEm profile (not your e-mail address).
We will pass your names stored in the metadata of your content, for the purpose of naming and knowing the author, to all who acquire use licenses for your content as well as our partners who market your content abroad. At the latest at their request, they also receive model releases and property releases for the purpose of proving the consent of the persons depicted or the persons entitled to the objects depicted. You agree with this transfer of data if you send us the respective model release or property release.
We also share your information with companies whose services we use to provide our services and manage our business affairs - such as conducting payment transactions, sending push notifications and e-mail messages, fraud monitoring and prevention, marketing services, usage analysis, hosting services, technical services (such as quality assurance and performance analysis), CRM services, customer service management services, conversion of geo data into actual locations etc. These service providers receive personal data about you only as far as this is necessary for the fulfilment of their respective performance obligation towards us. They will not be granted any further rights to use your data.
In some cases, we may pass on your personal data if:
- To prevent fraud, or
- To respond to or defend our services against attacks, or
- To protect the property or security of EyeEm, our customers, users or the general public.
We may share your personal information with our affiliates – EyeEm Inc. (NY) and EyeEm Ltd. (UK) – as necessary to provide our services.
In addition to the ability to exercise control over your personal information and other data by changing your information and settings in your user account and, if necessary, creating links to third-party applications such as Facebook or Google, allowing or blocking cookies, or making do-not-track settings in your browser, you have the following legally protected rights. We offer you communications and measures in this respect in principle free of charge. However, in the case of manifestly unfounded or excessive requests, especially in the case of frequent repetition, we may levy a fee or refuse to act.
You have the right at any time to request information about what personal data we process about you and to demand correction, deletion and/or restriction of your personal data stored by us. For your security, we will ask you to verify your details in the event of such a request or change. Please send us a message at: firstname.lastname@example.org
If the data processing by us is based on your consent, you can revoke this consent at any time. To revoke your consent, please send us a message at: email@example.com
You have the right to demand that we provide you with the personal data relating to you in a structured, common and machine-readable format, provided that the data processing is based on your consent or a contract between us and is done by automated means.
You also have the right to lodge a complaint about us with our regulatory authority.
We have made technical and organizational arrangements to secure the website, mobile applications and other systems against loss, destruction, access, modification or disclosure of your personal data. Access to your profile is only possible after entering a password. You should always treat access information confidentially and close the browser window as soon as the connection with EyeEm is finished.
Last Update: May 25, 2018