隐私政策

FOTOGRAFISKA PRIVACY AND COOKIE POLICY

(Last Updated 22 Oct, 2024)

Fotografiska (“Fotografiska,” “we,” “us”) collects, stores, and processes information from members, website visitors, and users (“you”) of our Services. Fotografiska values your privacy and works hard to protect your information. This Privacy Policy (the “Policy”) describes the information we collect from you when you interact with our website, the websites of any of our affiliates (such as NeueHouse and Fotografiska, the “Subsidiaries”), or visit our physical locations (collectively, the “Services”).

If you do not want us to collect or use your information according to our Policy, please do not use the Services.

Below, you will find our Policy separated into sections describing all aspects of our data collection practices. The sections are:

1. Summary

2. Consent to Data Collection

3. What Information We Collect

4. How We Collect Your Information

5. How We Use Your Information

6. Text Messaging Communications

7. Why We Collect and Use Your Information

8. Data Transfers

9. Sharing Your Information

10. Your GDPR Rights Regarding Your Information

11. Confidentiality and Security

12. Third-Party Services

13. Meta Pixel (Server Side tracking)

14. Your California Rights

15. Cookie Policy

16. Types of cookies

1. Summary

Our Privacy Policy is written to clearly explain and describe to you how we collect, use, share, and disclose the information collected by Fotografiska through our Services. We have divided our Policy into two different sections: (1) this succinct summary section that provides a general overview of our privacy practices; and (2) a more comprehensive policy outlining the specifics of what information we collect, how and why we collect that information, and your rights in regard to your data. In the bullet points below, you will find key areas of our Policy of which you should be aware. We encourage you to read the full policy before providing us with your information.

We collect personal information in a few principal ways, including information you provide directly to Fotografiska, information we gather from your use of our Services, and information we receive from third parties.

We may share your information from time to time with third parties, including information necessary to provide you with our Services.

You may request deletion, request a copy of, request rectification, restrict or object to processing, and request to transfer your data by emailing your request to privacy@fotografiska.com.

While it is not possible to guarantee that your information will remain entirely secure, we use commercially reasonable efforts to secure your information.

2. Consent to Data Collection

By using our Services, you consent to the collection of your personal information either by collecting the information directly from you or by our tracking technologies, like cookies. You also consent to Fotografiska collecting and using your information as described in our Policy.

This website is not directed toward or intended for use by children or anyone under the age of 18. We do not knowingly collect information from anyone under the age of 13.

By accessing and using our Services, you accept all terms and conditions set out in this Policy. Before using our Services, you should read the Policy in its entirety and return to this page periodically to review any changes. We may update this policy from time to time and by continuing to use our Services after such updates you consent to those changes.

3. What Information We Collect

The Types of Data We Collect:

Personal Data. “Personal Data” is data that someone could use to individually identify or contact you. This includes information like your name, email address, telephone number, or address. It can also include non-public information of yours that is either associated with or linked to any of the data mentioned above. “Anonymous Data” is data that is neither associated with nor linked to your Personal Data. Anonymous Data on its own cannot identify you individually. Fotografiska collects both Personal Data and Anonymous Data.

Account Information. When you sign up for an account, we collect certain information about you. This includes basic information such as your email address, name, phone number, and address. If you fill out any surveys through your account, we keep that information as well. We may also collect information about events you RSVP to and information about your interest in and use of various events, programs, services, and content you access through our Services.

Event Information. When you attend either in-person or virtual events through our Services we will record the event you attended, any surveys you filled out, or any purchases you make at the event.

Social Media. You may be able to link some social media accounts to our Services. If you link such social media accounts, we may access surface level profile information from your account including your name, profile picture, contact list, username, pictures and videos, gender, birthday, location, people you follow and/or who follow you, and the posts you make or posts you “like.” By linking your account, you consent to Fotografiska collecting any linked information in accordance with this privacy policy. If you do not wish to share certain information from another social media account, you should change your preferences on that account. Any information from another social media service is subject to the data protection practices of the social media network itself and is not controlled by Fotografiska. As such, you should read through the privacy policy of any social media service you wish to link to before linking the account with our Services.

Device and Technical Information. When you access our Services through your computer or smartphone we collect information on the device you are using, including: your browser type, your operating system, your IP address, your Internet service provider or mobile carrier, IDFA, MAC address, and unique device identifier. We also collect crash logs, reports on bugs, feedback on our services, support requests, and certain device usage information. You can deactivate cookies through your own browser settings. We also collect information from your device when you use our app, such as crash reports, bugs, and your activity within the app.

Payment Storage. We do not hold any credit or debit card data on file. Payment information is shared with a third-party service provider as detailed in our Privacy Policy. All credit card processing for Membership Fees and storage of the information is done through Stripe, a PCI DSS compliant payment processing system. Stripe is: (i) reasonably designed to protect the security, confidentiality, and integrity of “cardholder data” and “sensitive authentication data” (as each such term is used in the PCI DSS) in both electronic and physical form and (ii) fully compliant with all requirements in the PCI DSS. For more information on Stripe’s security please visit their website at: https://stripe.com/docs/security/stripe.

Location Information. We may collect certain location information, such as country or address, when you either provide it to us directly, through device information, or other means. For instance, if you access our Services through your computer or mobile device, we may collect your precise device location through your IP address for security, regulation, and performance considerations. You can restrict what location information you provide to Fotografiska through your device settings. When you attend an event at or visit one of our physical locations, we will have a record of your location while on our premises.

Applicant Data. When you apply for a position with Fotografiska or our Subsidiaries, we collect some of your personal information. This information includes your name, address, social security number, birthday, and educational background.

Information From Other Sources. We may collect information from other sources such as event promotion co-sponsors and purchases in order to give you access to promotions or specific event information.

4. How We Collect Your Information

Information Collected Directly From You:

We collect information directly from you when you fill out any registration forms through our Services, fill in account information, and when you access our Services through any of your devices. We collect device information through the use of cookies, web beacons, pixels, and other similar technologies either used by us or used by other entities on behalf of Fotografiska.

Categories of Personal Information Collected From Third-Parties

We may collect information from third parties such as social media websites you link to, co-sponsors, technology providers, and credit card processing companies.

5. How We Use Your Information

Communications With Users. We may contact you by email or physical mail to inform you about events you have signed up for or orders you have made.

Marketing and Promotions. We use your contact information, including your email address and physical address, from time to time to send you marketing and promotional materials regarding our Services or other offerings. These materials include sponsored content or information on upcoming events or opportunities. You may opt-out of or change your preferences for marketing communications at any time by either clicking the “Unsubscribe” button within the communications or by emailing your request to privacy@Fotografiska.com (mailto:privacy@Fotografiska.com).

Technical Improvements. We use technical and usage information to improve our Services and make your experience with our Services more enjoyable, improve accuracy of information, reduce waiting times, improve product offerings, and to perform analytics on our Services.

Compliance. To ensure that our services are in compliance with legal obligations and the Terms of Use of our affiliated businesses.(“Fotografiska Terms of Use”) we collect information to detect, investigate, and prevent activities that may violate the Fotografiska Terms of Use, infringe on the copyright of another, be fraudulent or otherwise illegal, or to ensure the safety of other users.

6. Text Messaging Communications

You may sign up to receive certain notifications or information via SMS/MMS. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

We will use the information we obtain in connection with our SMS/text messaging in accordance with this policy. We collect the following personal information about you in the context of our text messaging program: your name, mobile phone number, and texting preferences (opt-ins and opt-outs). We use this information to manage our text messaging program, including to send you text messages. Your wireless carrier may collect data about your wireless device usage, and its practices are governed by its own policies. We take measures to protect your sensitive personal information but cannot guarantee its security in transit or storage.

With your consent, where required, we may contact you at the mobile phone number that you provide to us by way of direct dial calls, autodialed and prerecorded message calls, text messages and push notifications in connection with the below purposes.

“Purposes” of Notifications may include reservation and waitlist confirmations, reminders and updates, receipts, technical notices, updates, security alerts, and support and administrative messages.

If you have signed up to receive text messages from us and no longer wish to receive such messages, you may follow the instructions to stop the delivery of such messages, which may include by replying “STOP” to the received text message.

7. Why We Collect and Use Your Information

We collect your information under the lawful bases of legitimate interest, consent, and contract. In order to provide you with the best and most relevant experience with our Services, our legitimate interest is to collect your information to direct you to different locations of our Services. We also collect what you allow us to collect, what you voluntarily provide, and what is necessary to fulfill our contracts with you. You may withdraw consent at any time by emailing privacy@Fotografiska.com. When you sign up for a membership with Fotografiska or our Subsidiaries, we collect and keep information on the basis of contract and will keep and use your information in order to execute our membership agreements or purchases with you.

8. Data Transfers

We may transfer your data outside of the country in which it was collected. We may need to do this in order to fulfill orders or complete transactions with you. Other countries may not have the same rules, regulations, or protections of your country or the country in which your data was collected. When transferring data across borders, we ensure that any entity with which we share that information will protect your data according to our privacy policy through contractual clauses or through Binding Corporate Rules.

9. Sharing Your Information

We may share and disclose certain information in the following ways or for another purpose disclosed at the time of collection:

With Your Consent. We may disclose Information when you provide us with your consent to do so.

Legal and Law Enforcement Purposes. If it is necessary to respond to legal process, we may disclose your information to a court or law enforcement agency. We may also disclose Information to third parties: (i) in connection with fraud prevention activities, (ii) where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, (iii) in situations that may involve violations of Fotografiska Terms of Use or other rules, (iv) to protect our rights and the rights and safety of others, and (v) as otherwise required by law.

Change of Control. In the event of a business transaction whereby we or one of our subsidiaries or relevant assets are acquired by, sold to, or merged with another company or as part of a bankruptcy proceeding or a business reorganization.

Service Providers. We may give our agents and contracts access to certain Information in order for them to help carry out the services they are performing for us, such as, but not limited to: creation, maintenance, hosting, and delivery of Fotografiska Services, products, and services, conduct marketing, payment processing, email and order fulfillment, administer contests, conduct research and analytics, or customer service. We require service providers to protect the Information consistent with this Policy through contractual obligations.

Affiliates. We may disclose Information to affiliates. We require all our affiliates to protect any Information we share with them according to our Privacy Policy through contractual obligations.

Business Partners and Third Parties. We may share your information with certain business partners, Subsidiaries, or Affiliates.

Linked Sites. Some of our websites may contain links to social media sites whose information practices may differ from ours. Information you submit to those other linked sites are governed solely by their privacy policy and terms of use or service.

Sponsors and Co-Promotions. We may sometimes offer content or programs that are sponsored or co-branded with identified parties. The sponsoring or co-branding parties may collect or obtain certain Information from visitors that participate in the activity. We have no control over these sponsoring or co-branding parties’ use of this Information. We encourage you to visit the privacy policy of any such sponsoring or co-branding party to learn about their data protection practices prior to providing Information through sponsored or co-branded content or programs.

10. Your GDPR Rights Regarding Your Information

Under the General Data Protection Regulation (GDPR) you may have the following rights in regard to your personal data:

The right to access. You have the right to be informed of all the personal information we hold on you.

The right to information. You have a right to know why and how we collect your personal information.

The right to object to or restrict processing. You have the right to opt-out of having your personal data processed or limit the processing of your personal data at any time.

The right to correction. You have the right to rectify any inaccurate personal information we have on you.

The right to erasure. You have the right to request for us to delete any information we may hold on you.

The right to data portability. You have the right to request a copy of your data in a portable format.

To exercise any of the above rights, please email our Data Protection Officer at privacy@fotografiska.com with your request in the subject line.

Fotografiska has the right to refuse to honor your request to delete any of your Personal Data if it is necessary to exercise the right of freedom of expression and information, to comply with any legal obligation that may require processing of your Personal Data, for reasons of public interest in the area of public health, for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, or for the establishment, exercise or defense of legal claims. Fotografiska may also refuse to delete or delay deleting information if it is necessary to carry out a contract we have with you.

Fotografiska does not use your Personal Data to make any automated decisions about you.

11. Confidentiality and Security

Fotografiska takes your privacy concerns very seriously and protects your information by appropriate technology, policies, and procedures to prevent unauthorized use, access, disclosure, modification, copying or destruction, and to maintain integrity. We protect your information both online and offline. We only process your Personal Data fairly and lawfully after receiving your consent and we do not use your Personal Data in any manner inconsistent or incompatible with the purposes for which Fotografiska collects the information. Fotografiska may retain your personally identifiable information as long as there is a business requirement, or if otherwise required under applicable laws.

No method of transmission over the Internet, or method of electronic storage, is entirely secure. Fotografiska takes measures including encryption and tokenization. We also adhere to current PCI standards and our website is protected by a secure certificate. While Fotografiska uses reasonable efforts to protect your Personal Data from unauthorized access, use, or disclosure, we cannot guarantee its absolute security.

12. Third-Party Services

Categories of Third-Parties With Whom We May Share Your Information

Third parties we may occasionally share your information with include financial services companies, business partners, co-sponsors, event hosts, analytics services, email service providers, event management software, point of sale management software, customer relationship management software, and cloud service providers.

13. Meta Pixel (Server Side Tracking)

As part of our efforts to enhance the performance of our website and marketing initiatives, we have implemented server-side tracking using the Meta Conversion API. This technology enables us to measure and improve the effectiveness of our digital advertising efforts and provide a more tailored experience for our website visitors.

13.1 What Data Do We Collect?

Through the Meta Conversion API, we may collect the following data:

• Event Name: A label identifying the specific action or event you performed on our website (e.g., making a purchase, signing up for a newsletter, etc.).
• Event Time: A UNIX timestamp marking the exact time of the event.
• Event ID: A unique identifier associated with the tracked event.
• Event Source URL: The URL of the page on our website where the event occurred.
• Action Source: Identifies the event as having occurred on our website.

Additionally, the following user data may be collected:

• Client IP Address: The IP address of the device used to access our website.
• Client User Agent: Information about the browser and device you used.
• FBP Cookie Data: The _fbp cookie data, which helps identify Facebook users and target relevant advertising.
• FBC Cookie Data: The _fbc cookie, which tracks user interactions with Facebook ads before landing on our website.

13.2 Why Do We Collect This Data?

We use the information collected through the Meta Conversion API to:

• Evaluate and optimize the performance of our marketing campaigns.
• Deliver personalized advertising and relevant content to users based on their interactions with our website.
• Understand how visitors interact with our website to continuously improve the user experience.

13.3 Who Has Access to This Data?

The data collected through the Meta Conversion API is securely transmitted to Meta (Facebook), where it is processed in accordance with their Privacy Policy (https://www.facebook.com/privacy/explanation). Meta may use the data to enhance its advertising services and deliver more relevant ads to users based on their activity on our website.

13.4 How Long Do We Retain Your Data?

The data collected through the Meta Conversion API is retained for as long as is necessary to fulfill the purposes outlined in this section. This retention period may be adjusted based on legal or regulatory requirements, or upon your request to delete or modify the data.

13.5 How Can You Manage Your Data?

You have the right to control how your data is used. If you wish to manage or withdraw your consent for data collection through cookies and similar technologies, you can do so via our [Cookie Preferences Page]. Additionally, you may contact us directly for any requests regarding your data or privacy rights.

14. Your California Rights

As a California resident, you have additional rights given to you by the California Consumer Protection Act (CCPA). The CCPA applies to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a California consumer or household (“California Information”). Your general rights in regard to California Information include:

The right to delete your California Information

The right to request disclosure about our data collection

The right to opt-out of processing your data

The right to access your data

The right to equal services and prices

The right to not have your California Information sold

The Selling of Your Personal Data

Fotografiska does not sell your Personal Data at this time, but you can email us at privacy@Fotografiska.com to request that your information not be sold in the future should our practices regarding selling data ever change.

Requesting Disclosure. If you are a California resident, you have the right to request that Fotografiska provide information to you about our practices related to disclosure of your Personal Data to particular third parties for their direct marketing purposes. You can send requests for such disclosure to privacy@Fotografiska.com (with the subject line of “Your California Privacy Rights”). We do not currently sell your information for direct marketing purposes.

As a California resident, you may also request more specific information like:

The categories and specific pieces of your California Information that we have collected

The categories of sources from which we collect California Information

The business or commercial purposes for which we collected or sold California Information

The categories of third parties with which we share California Information

The categories of third parties to which we have sold California Information and the categories of California Information sold to each third party

The categories of California Information that we have shared with service providers who provide services for us, like processing your payments

No Discrimination. Fotografiska is committed to honoring your California rights. As such, you will never be denied or charged different prices or rates for either goods or services or provided with differing levels of quality of goods or services, should you choose to enforce your California rights.

If you have any questions regarding this Privacy Policy, please contact our Data Protection Officer by email at privacy@Fotografiska.com.

15. COOKIE POLICY

When you visit our website or use our app, we will request to store a small text file on your computer, called a cookie. Cookies allow us to remember certain information about you so that we may recognize you when you return to our website. It remembers information like language preferences or log-in information. The cookies we set on your device are first-party cookies, whereas third-party cookies are cookies that we may store on your computer that originate from a domain other than ours. We may use third-party cookies for advertising or marketing purposes. Below, you can read about all the specific cookies we use, the purposes for the cookies, and information on how to manage your cookie preferences.

16. Types of Cookies

Strictly Necessary Cookies:

Some cookies we use are essential for our website to function. These cookies cannot be deactivated. We use these cookies to do things like display out content, load pages, allow you to navigate the website, and facilitate payments through our services.

These cookies include cookies from our payment provider, Stripe, and Pardot (which remembers your cookie preferences).

Performance Cookies:

We use certain cookies to improve the performance of our Services. We measure site traffic and count visits through performance cookies, allowing us to learn how users navigate our site and what pages may need some changes.

These cookies include Google Tag Manager cookies.

Targeting and Advertising Cookies:

We use certain cookies to recognize you as a user and your preferences so that we may occasionally advertise to you on other platforms. We use the information we collect from these cookies only for our own advertising purposes and not to sell your information so that others may advertise to you.

These cookies include Google Ads cookies, Facebook Pixel, LinkedIn cookies, and Lead Forensics cookies.

Managing Cookies:

You can control cookies both through your browser settings and through our own cookie consent mechanism. Your browser may have settings that allow you to disable cookies. You can also delete cookies that were previously placed on your device through your browser.