Privacy & Rights

Photo by @diaryofzach

EyeEm Privacy Policy

EyeEm takes the protection of Personal Data very seriously and strictly complies with any applicable data protection laws and regulations. The explanations below provide an overview of how EyeEm ensures this protection and what kind of data is collected for what purpose.

The responsible authority as defined in § 3 VII BDSG (German Data Protection Act) is EyeEm Mobile GmbH, Kohlfurter Straße 41/43, 10999 Berlin, Germany (hereinafter "EyeEm" or "we/us/our").

EyeEm offers a platform (hereinafter "EyeEm Community") where amateur and professional photographers (hereinafter "User", "Users") can discover images, publicly display and share their own photographs (hereinafter "Work/s") by uploading them through the EyeEm mobile application to www.eyeem.com (hereinafter "Website") and sharing them via associated social media services. Users may also follow other Users's profiles, "Like" their Works and post comments. Additionally EyeEm provides a marketplace (hereinafter " EyeEm Market") where Users may offer photographs (hereinafter "Market Photographer") by uploading them to the marketplace and licensing them to other users (hereinafter "Buyer") to download from the EyeEm Market.

EyeEm would like all users to carefully read the information provided. All inquiries are to be directed to: support@eyeem.com

1 Personal Data

"Personal Data" is individual information about personal or factual affairs of a certain natural person.

2 Collection, Storage and Use of Personal Data

2.1 In order to enable the use of the EyeEm Community and/or functions of the EyeEm Market and to execute transactions it is necessary to enter such Personal Data, e.g. during the registration process.

2.2 In this regard EyeEm may collect, process and use the following information:

2.2.1 User

  • Name used for registration;
  • Email address used for registration;
  • Username used for registration;
  • Password used for registration,
  • If provided, profile picture and/or text.

2.2.2 Market Photographer

  • First and last name,
  • Email address used for registration,
  • Living or business address, i.e. street, house number, town, country,
  • Username used for registration,
  • Password used for registration,
  • Date of birth,
  • Tax identification number,
  • Legal entity or natural person,
  • PayPal email address/credit card information.

2.2.3 Buyer

  • First and last name,
  • Email address
  • Living or business address, i.e. street, house number, town, country,
  • Username used for registration,
  • Password used for registration,
  • Date of birth,
  • Tax identification number,
  • Legal entity or natural person,
  • PayPal email address/credit card information.

Personal Data can be amended, e.g. providing further contact data (mobile phone number) at any time.

2.3 Registration

User can search and browse the Website without submitting any Personal Data. But if User does submit Personal Data to us, e.g. during registration for an EyeEm Community Account, EyeEm will store, collect and process it as described below.

EyeEm will use the double-opt-in process to verify the registration. Therefore EyeEm will send an email including a confirmation link to be opened. After confirmation and until termination of the use of the EyeEm Community and/or EyeEm Market, EyeEm will use User's email address for our notification services. User may opt-out of the notification at any time subject to section 2.5 hereof.

For Non-Laywers

When you create an account on EyeEm, we’ll ask you for some basic personal details. If you wish to sell your photos on EyeEm Market, we’ll need a little more information, like how to pay you if your photo sells. We’ll require similar information from buyers who are interested in purchasing from Market. See the full list of details above. You can search on EyeEm without creating an account. If you create an account, you’ll be asked to verify your account using the email you provided, and we’ll no longer use your email to contact you with EyeEm community notifications after you delete your account. You don’t need to be registered to search or view public photos on EyeEm, however you must be a registered member of EyeEm to post, sell or buy.

2.4 Use of data

2.4.1 EyeEm uses the information collected, including User's Personal Data in order to (a) provide our services, to personalize and to improve the use of EyeEm's services, e.g. by offering adjusted and localized content and advertising; (b) to ensure the technical functionality of EyeEm's services, to develop new services and to analyze the use of EyeEm's services, including interactions with applications, advertising and services that are offered and are available; (c) to contact Users in matters regarding EyeEm's services, also by means of emails and messaging; (d) to facilitate and make known the services, including functions and contents of the services, such as sharing information, user interactions, notes or tips and suggestions and the integration of third-party services; (e) to implement this Privacy Policy and the Terms of Service, also for the reason to protect rights, the property and security of EyeEm, the users or other persons as well as the parts of the Website protected by copyright; and (f) as otherwise herein explained.

2.4.2 EyeEm will record, process and use any Personal Data of Market Photographers and Buyers only for the purpose of - unless expressly otherwise indicated in these data protection regulations - the settlement of transactions , i.e. for

  • Establishment of an EyeEm Market account
  • Verification of the Buyer's and Market Photographer's identity
  • Verification of the full legal capacity
  • Execution of a transaction
  • Data for payment transaction.
For Non-Laywers

EyeEm will use your data in a responsible way, such as the development and improvement of our services for the community, to use email and other messaging to communicate with you, and to localize content so that it’s relevant for you. For EyeEm Market, your data will be used to ensure purchases and transactions are successfully completed.

2.5 After registration for the EyeEm Community and/or EyeEm Market and until termination of the respective use, EyeEm may contact Users for the following purposes via push-notification or email:

2.5.1 User

  • Community member likes User's photo
  • Community member comments on User's photo
  • A person started to follow User
  • A Friend started an EyeEm account (if User connected via social networks)
  • Someone contributed to an album
  • Community member mentioned User in a comment
  • Community member invited User to an album
  • Community member tagged User in the caption of a photo
  • Newsletter featuring a selection of the best photos of the previous week

User can opt-out of any of the notification services by changing the settings of notification services in the "Settings" menu at any time.

2.5.2 Market Photographer

  • Notification that image has been selected for EyeEm Market
  • Notification that an image has been selected for Getty collection
  • Release requests
  • Notification that release submission was successful
  • Notification that release has been signed
  • Notification to model that release was denied and image will not appear on EyeEm Market
  • Notification for Market Photographer that release request was denied
  • Reminder to approve images for the EyeEm x Getty collection, if Market Photographer's approval for the respective images is still pending

2.5.3 Buyer

  • Account creation verification
  • Order confirmation
  • Confirmation of request to license
  • Confirmation of Availability of the requested license

2.6 Newsletter

By registering for the EyeEm Community and/or EyeEm Market, User agrees to EyeEm sending a weekly newsletter. User can opt-out of receiving these newsletters by email using the unsubscribe link in the newsletter.

2.7 EyeEm uses the data provided by Market Photographers and Buyers exclusively for the development, conclusion and performance of the transactions executed on the EyeEm Market. Therefore the possibility of using the EyeEm Market behind a pseudonym is excluded; insofar Market Photographer's or Buyer's true identity is necessary for the settlement of the transaction.

For Non-Laywers

This one is important. In order to successfully complete transactions (sales and payouts), every registered buyer or photographer on EyeEm Market must use their legal (“real”) name.

2.8 A further use of Personal Data requires explicit consent by User. The granted or refused permission will be documented. Consent to the use of Personal Data by EyeEm for the future can be revoked at any time by informing EyeEm using the contact information as indicated in section 10.3 below.

2.9 The content of an explicitly obtained permission is accessible at any time in User's personal account. Furthermore, the given Personal Data can be changed in the Market settings at any time (i.e. to update, correct, and/or to amend, to delete or to block it).

2.10 After termination of the use of the EyeEm Community and/or the EyeEm Market, the respective data will be blocked for further use and deleted after the mandatory storage periods as defined in the applicable laws and regulations have expired.

For Non-Laywers

For EyeEm to use your data in any way beyond what’s listed in this document, we will ask for your permission. If you delete your account, we will stop using your information, but we will keep it according to the legal storage period.

3 Data transfer to payment service providers and other third parties

3.1 The Personal Data of User is only transferred to a third party within the scope of legal provisions. Therefore Personal Data is only transferred to a third party if EyeEm is obliged to transfer the collected data due to a government or court order, or if applicable legal provisions authorize the transfer.

3.2 If User signs in to the EyeEm Community with Facebook, Twitter, Tumblr, Flickr or Foursquare the default setting is generally that EyeEm automatically shares User's activity and activity-related stories with that service. User understands that such information may be attributed to User's account on Facebook, Twitter, Tumblr, Flickr or Foursquare. Furthermore, User understands and agrees that Facebook's, Twitter's, Tumblr's, Flickr's or Foursquare's use of information they collect is governed by their respective privacy policy, and this Privacy Policy governs EyeEm's use of such information.

3.3 EyeEm shall only transfer any Personal Data of Market Photographers and/or Buyers to any third party (such as EyeEm's distribution partners or EyeEm's payment service provider) if such transfer is required to execute and/or fulfill EyeEm's contractual obligations to license any Work.

The data protection conditions of our payment service provider are available at https://www.paypal.com/en/webapps/mpp/ua/privacy-full?locale.x=en and https://www.braintreepayments.com/privacy respectively.

For Non-Laywers

If we have to, EyeEm will only share your data with a government or court ruling. If you create or connect an account with Facebook, Twitter, Tumblr, Flickr or Foursquare, your activity could be shared with that service. Please consult their individual privacy policy for more information. For EyeEm Market, we’ll only share your data with our distribution and payment providers to ensure purchases and transactions are successfully completed.

4 Cookies

4.1 EyeEm's Website uses cookies to offer a convenient online service featuring numerous functions. Cookies are text files containing information to identify returning visitors exclusively for the time of their visit to the Website. Cookies are saved on the hard disk of the computer and do not cause any harm. Cookies spare User the burden of entering data repeatedly, facilitate the transfer of specific content and help EyeEm to identify especially popular sections of the Website. Among others, they enable EyeEm to tailor the content of EyeEm's Website to User's needs.

4.2 When EyeEm uses cookies no personally identifiable information will be collected.

4.3 User can deactivate the use of cookies in the settings of their browser at any time. Instructions on how to change the settings can be found under the help function of the internet browser.

For Non-Laywers

We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience.

5 Google Analytics

5.1 For EyeEm's Website, Google Analytics, a web analyzing tool by Google Inc. ("Google"), is used. Google Analytics utilizes so-called "Cookies", text files which are saved on User's computer, enabling an analysis of User's use of the Website. The information generated by the cookie is, as a rule, transmitted to a Google server in the US where it will be saved. However, if IP anonymization is activated on EyeEm's Website, User's IP address will be shortened within the member states of the European Union or other contracting parties to the Agreement on the European Economic Area, prior to transmission.

5.2 Only in exceptional cases, is the full IP address transmitted to a server of Google in the US and shortened there. On behalf of EyeEm, Google will use this information to analyze User's use of the Website, compile reports on the activities of the Website and to render further services in connection with the use of the Website to EyeEm. The IP address transmitted by User's browser within the framework of Google Analytics will not be merged with other data collected by Google.

5.3 User can prevent their browser from saving cookies by setting the software accordingly; however, User shall be advised that EyeEm Community and EyeEm Market functions might not be used to their full extent. In addition, User can prevent the collection of the Website usage data (incl. IP address), which were generated by the cookie as well as the processing of this data by Google by downloading and installing the following browser plugin using the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

6 Localytics

For the services of the EyeEm Community and EyeEm Market, EyeEm uses Localytics, an analyzing service that collects usage data. The usage data gained in this way is, as a rule, transmitted to and served on a server of Localytics in the US. There the information is analyzed and then transmitted to EyeEm. This service enables EyeEm to make the EyeEm Community and EyeEm Market more user-friendly and more attractive, and to integrate location specific services. More information on how Localytics uses the data for analytics purpose can be found at Localytics privacy policy: http://www.localytics.com/privacy-policy/.

7 Crashlytics

For the EyeEm mobile application, EyeEm uses Crashlytics, a service that provides EyeEm with information about the functioning of the EyeEm mobile application, in particular with information about how and under what circumstances the mobile application crashed. Therefore, the service looks for crashes of the EyeEm mobile application, analyzes the collected information and provides crash reports to EyeEm. EyeEm uses Crashlytics to collect such crash information to improve the EyeEm mobile application.

Crashlytics automatically collects certain information that does not personally identify the User who accesses or uses EyeEm's mobile application. This information includes, but is not limited to, device state information, unique device identifiers, device hardware and OS information, information relating to how an application functions and the physical location of a device at the time of a crash.

In addition, EyeEm authorized Crashlytics to collect supplemental information that does not personally identify User who accesses or uses EyeEm's mobile application. This information includes, but is not limited to, information relating to how a User uses the EyeEm mobile application, crash statistics and device state/statistics (e.g. how much storage or memory is in use, device type/model, etc.).

EyeEm does not provide Crashlytics with any user-identifiable information, such as User's email address or User name.

Further information on how Crashlytics collects and uses User data is available at http://try.crashlytics.com/terms/.

For Non-Laywers

We use Google Analytics, Localytics and Crashlytics to get an insight into the way EyeEm is used, to track any technical bugs, and to find out how we can make our services work better for you.

8 Location Information

If a User shares location information with other Users or adds a location description to any content that is uploaded to the EyeEm Community, EyeEm will treat this information in the same way as all other Personal Data.

9 Connect Services

If a User logs in to the EyeEm Community via a login of the social networks Facebook, Twitter, Tumblr, Flickr or Foursquare (hereinafter collectively referred to as "Network") EyeEm is allowed to collect authentication information, such as username, encrypted log-on information and other data, which is available on or by means of the respective Network account, e.g. name, profile picture, country, hometown, email address, date of birth, gender, the names of friends, profile pictures and Networks. EyeEm saves this information to use it for the purposes specified in section 2.

10 Social Plugins

10.1 EyeEm's Website uses social plugins ("Plugins") of several social networks. For further information on the social networks, the provider and their privacy policies the chart below can be referenced.

10.2 If User clicks on a page of our Website that contains this sort of Plugin, the browser establishes a direct connection with the respective social network's servers. The respective social network directly transfers the Plugin content to User's browser, which embeds the latter into the Website. EyeEm cannot influence the scope of Data that the respective social network collects with the help of this Plugin, meaning that the information EyeEm provides is based on our current knowledge.

10.3 The embedding of the Plugin informs the respective social network that User accessed the respective page of EyeEm's Website. If User is logged into the respective social network, the respective social network can assign the visit to User's respective account. If User interacts with the Plugins, e.g. by clicking on the "Like/Tweet/Share/Pin-it" button or entering a comment, the corresponding information is transmitted from User's browser directly to the respective social network, where it will be saved.

10.4 For information on the purpose and scope of the data collection and the further processing and utilization of the data by the respective social network, as well as User's rights in this respect and the settings that can be adjusted for privacy protection, the respective social network's data protection information should be consulted.

10.5 If User is a member of the respective social network and wants to prevent the respective social network from collecting data on via EyeEm's Website and linking this Data to User's member data stored with the respective social network, User must log out of the respective social network before visiting our Website.

Social Plugin

Provider of the social network

Privacy Policy

Facebook Like / Share Button

Facebook, Inc.,
1601 Willow Road, Menlo Park
CA 94025, USA

http://de-de.facebook.com/about/privacy/

Twitter Tweet This Button

Twitter, Inc.,
1355 Market St., #900, San Francisco,
CA 94103, USA

http://twitter.com/privacy

Pin-It Button

Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103, USA

http://pinterest.com/about/privacy/

Google+ Button

Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA

http://www.google.com/intl/de/policies/privacy/

For Non-Laywers

If you chose to connect your EyeEm account with third-party services or plugins, be aware that what you share might be displayed through your accounts on those platforms. We might store information shared on these connected platforms for the purpose of contacting you if necessary and producing relevant content for you. If you post information about yourself or others, or share/communicate with others using EyeEm, please note that we cannot control who reads the postings you share or what they do with the information you provide. We encourage you to use caution in posting personal information.

11 User Rights / Duration of Use of Data

11.1 According to § 13 sec. 2 TMG (German Telemedia Act) User has the right to revoke the consent given to collect, store, process and share Personal Data at any time. Any revocation of consent is effective only for future collecting, storing, processing or sharing of Personal Data.

11.2 The Federal Data Protection Act (Bundesdatenschutzgesetz) guarantees a User rights to information, correction, deletion or blocking of Personal Data. Upon request, EyeEm shall provide User with the information on the stored data relating to User's person, free of charge and without delay. The information can be provided electronically, if desired. In cases regulated by law EyeEm is obliged, upon request, to correct, block or delete the data stored about a User.

11.3 All requests are to be directed to: support@eyeem.com

11.4 For User's own security, in the event of a request for information or a change thereof EyeEm has to verify User's data.

For Non-Laywers

We may use data to improve the website performance and make it better and easier to use for you. We may also use data for the purposes of encoring this Privacy Policy and keeping our users’ information safe.

12 Data Security

12.1 EyeEm employs technical and organizational measures in order to safeguard the Website and other systems against loss, destruction, access, changes or the distribution of Community User's data by unauthorized persons.

12.2 Despite regular controls a complete protection against all dangers is, however, not possible. EyeEm cannot warrant security for data transmitted to our Service because unfortunately, the transmission of information via the internet is not completely secure.

12.3 The access to a User's EyeEm profile and/or EyeEm Market account is possible only after entering a personal password. User should always treat access information confidentially and close the browser window, once communication with EyeEm has been ended, particularly if use of the computer is shared with others.

12.4 EyeEm will store User's data on servers which are located in the EU as well as in the US. Personal Data will always be stored on our EU servers and will not be transmitted to the US.

12.5 EyeEm is based in Germany. The applicable German law and European directives govern the information EyeEm collects.

For Non-Laywers

It’s among our first priorities to keep your data safe and protected, including regular maintenance and checks. Your photos and community activity may be stored on servers in the Us, but your personal information will never leave servers located in the European Union. For the purpose of this legal stuff, the Privacy Policy falls under the laws the Federal Republic of Germany.

13 Changes to Data Protection Regulations

13.1 EyeEm reserves the right to change these data protection regulations at any time, taking into account currently applicable data protection provisions. In case of any changes, Community User will be notified upon log-on to any of EyeEm's services and User will have to agree to the modified data protection regulations.

For Non-Laywers

This Privacy Policy may change one day. If so, we’ll make sure you know.

Last update: 01/2015