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: firstname.lastname@example.org
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:
2.2.2 Market Photographer
Personal Data can be amended, e.g. providing further contact data (mobile phone number) at any time.
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.
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
2.4.2 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
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:
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
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.
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 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.
3.3 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.
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.
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/.
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.
Provider of the social network
Facebook Like / Share Button
Twitter Tweet This Button
Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103, USA
Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA
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.
10 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: email@example.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.
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.
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.
Last update: 01/2015