(3rd of May 2023)
We are committed to protecting the privacy and security of personal data. This policy tells you how we will collect and use your personal data and what you should expect in respect of the personal information about you that we have collected,
We are Picsme a Trading Name of ESP Colour Limited. Our office address (which is also our Registered Office) is at MILLBUCK CLOSE, SWINDON, WILTSHIRE, SN2 8XU.
The person with responsibility for our data protection compliance is Simon Smogur (“the Data Protection Manager”), and he can be contacted via email at [email protected].
We are the data controller of the personal data that we keep and use, and we are therefore responsible for making sure that our systems, processes and people comply with the relevant data protection laws in respect of that personal data.
We will act in respect of personal data to comply with the six principles of the General Data Protection Regulation (“GDPR”), which are:
- Lawfulness, fairness and transparency;
- Purpose limitation;
- Data minimisation;
- Accuracy;
- Storage limitation;
- Integrity and confidentiality.
You have rights in respect of how your personal data can be processed; these include the right to request:
- a copy of your personal data;
- that inaccurate data is rectified; and
- that your personal data is, in certain circumstances, erased or restricted.
You have the right to complain to the Information Commissioner, which you can do by contacting the Information Commissioner’s Office (ICO) directly. Full contact details, including a helpline number, can be found on the ICO website (www.ico.org.uk). This website also has useful information on your rights and our obligations. However, please raise any concerns or issues with us first so that we may deal with this as quickly as possible for you.
COLLECTION, USE, DISCLOSURE AND RETENTION OF PERSONAL DATA
We collect and process data through your use of our website, including any data you may provide through this website when you purchase a product. Our website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
All of our people are required to abide by our Privacy Policy when handling personal data, and are provided with appropriate data protection training. Any breach of data protection will be taken seriously, and may result in disciplinary action. Our Data Protection Manager will provide the advice and guidance to our people on data protection issues, as is required.
- The Personal data we hold
APP DATA COLLECTION:
This section of our privacy policy explains how we collect, use, and disclose information when you use our PicsMe app, which uses your Google account to log in and access your photos from Google using the scope /auth/photoslibrary.readonly, in compliance with Google's Limited Use Policy.
- Collection of Information
Information from your Google account: When you log in to our app using your Google account, we may collect information from your Google profile, such as your name, email address, and profile picture.
Photos from your Google account: We may access the photos you have stored in your Google Photos account to display them within our app, using the scope /auth/photoslibrary.readonly, in compliance with Google's Limited Use Policy.
Usage information: We may collect information about how you use our app, such as the pages you view and the actions you take.
- Use of Information
We use the information we collect to:
- Provide and improve our app: We use the information to personalize your experience, provide customer support, and make improvements to our app.
- Display your photos: We use the photos you have stored in your Google Photos account to display them within our app, using the scope /auth/photoslibrary.readonly, in compliance with Google's Limited Use Policy.
- Communicate with you: We may use your email address to send you important updates about our app, such as changes to our Privacy Policy.
- Analytics and advertising: We may use third-party analytics and advertising services to collect information about your use of our app and to serve you personalized ads. Please see the "Third-Party Services" section below for more information.
- Third-Party Services
Our app may use third-party services, such as analytics and advertising services, which may collect information about your use of our app. These services may use cookies and similar technologies to collect information about your device and your use of our app. For more information about these services and how they use your information, please refer to their privacy policies.
- Your Choices
You may choose not to share certain information with us, such as your photos from Google Photos. However, this may limit your ability to use certain features of our app.
You may also opt out of personalized advertising by following the instructions provided by the third-party advertising services we use. Please note that even if you opt out of personalized advertising, you may still see non-personalized ads.
- Security
We take reasonable measures to protect your information from unauthorized access, use, and disclosure. However, no method of transmission over the internet or method of electronic storage is completely secure.
- Compliance with Google's Limited Use Policy
We comply with Google's Limited Use Policy when accessing and using your photos from Google Photos. We do not use your photos for any purpose other than to display them within our app, and we do not share your photos with any third-party services or entities
- Compliance with Google API Services User Data Policy
Picsme complies with the Google API Services User Data Policy, including the Limited Use requirements. This means that our use and transfer of information received from Google APIs to any other app will adhere to Google's policy.
For further details, you can review the Google API Services User Data Policy by visiting Google API Services User Data Policy.
COLLECTION AND USE:
We will collect personal information which may include:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you and any preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have asked to order but we will notify you if this is the case at the time.
How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products;
- create an account on our website;
- request marketing to be sent to you;
- give us feedback or contact us.
- Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
- Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources (who may be based inside or outside the EU) as set out below:
- Technical Data from analytics providers, advertising networks and/or search information providers.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
- Identity and Contact Data from data brokers or aggregators.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- in performance of a contract (we have entered into or are about to enter into with you); and/or
- compliance with a legal obligation; and/or
- where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|
Purpose/Activity
|
Type of data
|
Lawful basis for processing including basis of legitimate interest
|
|
To register you as a new customer
|
(a) Identity
(b) Contact
|
Performance of a contract with you
|
|
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|
|
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
|
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|
|
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
|
(a) Identity
(b) Contact
(c) Technical
|
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|
|
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
|
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
|
|
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
|
(a) Technical
(b) Usage
|
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
|
|
To make suggestions and recommendations to you about goods or services that may be of interest to you
|
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications
|
Necessary for our legitimate interests (to develop our products/services and grow our business)
|
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods from us and you have not opted out of receiving that marketing.
In respect of any other third parties, we will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase or other transactions.
DISCLOSURE:
We may share personal data with third parties as is necessary for the purposes set out in the table above, and generally as necessary in the operation of our business.
In respect of all disclosures of personal data, we will only share the personal information which is necessary for the particular purpose for which it is provided, or where we have another legitimate interest in doing so, and we will ensure that the personal data is appropriately protected.
We may also share personal data with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
RETENTION:
We will keep personal data only for as long as is necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Normally we will keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see [your legal rights] below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
- Changes to your personal data
It is very important that the personal information that we hold about you is accurate and current. Please tell us if your personal information changes during your relationship with us.
- Data Security
We have put in place measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those of our people and other third parties who have a business need to know. They will only process your personal data on our instructions and where they have agreed to treat the information confidentially and to keep it secure. We have put in place procedures to deal with any suspected data security breach and will notify you and the ICO of a suspected breach where we are legally required to do so.
- Where we store your personal data
We principally store data, both electronically and on file, in the UK at our offices.
Personal data may be transferred outside of the UK, including outside of the EEA by processors acting on our behalf. Wherever we transfer your personal data outside of the UK we will ensure that personal data is adequately protected, as required by applicable data protection legislation. This would include by use of the Standard Contractual Clauses as approved by the ICO to protect personal data.
- Your rights
Under certain circumstances, you have the right by law to request:
- access to your personal data. This enables you to ask to receive a copy of the personal data that we hold about you and to check that we are lawfully processing it.
- correction of the personal data that we hold about you.
- erasure of your personal data.
- Object to processing of your personal data where we are relying on our legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- restriction of processing of your personal data.
- transfer of your personal data to another party.
- Links from our website
Our website may, from time to time, contain links to and from the websites of third parties that we permit to make such links. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. We recommend that you check these policies before you submit any personal data to these websites.
- Changes to this Privacy Policy
Any changes we may make to our privacy policy in the future will be posted on our website, so please ensure that you are viewing the correct version.
Please contact us if you have any questions, comments or requests regarding this Privacy Policy.
