Privacy Notice

Fotura, Inc. (“Fotura,”, “we,” or “us”) is committed to protecting your privacy. Our Privacy Notice explains how we collect, use, disclose, and protect information about you or associated with you (“personal information”), and your choices about the collection and use of your information. This Privacy Notice applies to the online services offered by Fotura at www.foturastudio.com ("Service").

For the purposes of EU data protection laws ("Data Protection Law"), Fotura is data controller (i.e., the company who is responsible for, and controls the processing of, your personal data).

How We Collect and Use Information

Capitalized terms that are not defined in this Privacy Notice have the meaning given to them in our Terms of Service.

We collect the following types of information about you:

INFORMATION WE COLLECT FROM YOU DIRECTLY

Account information: You must register in order to access most of the features of Service. We ask for certain information such as your email address and password when you create a Fotura account, or if you correspond with us.

Messages: We may retain any messages you send to us. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages. We may also send you Service-related emails (e.g. account verification, change or updates to features of the Service, technical and security notices).

INFORMATION AUTOMATICALLY COLLECTED

We automatically collect certain types of usage information when you visit our website or use our Service. When you visit the Site, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g. the pages you view, the links you click and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information from your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service.

When you access our Services by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device (“Device ID”), mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.

We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service. We may associate information we automatically collect with your other information.

Legal basis for processing in the EU

In the EU, the purposes for which we process your personal data are:

  1. Where we need to perform the contract we are about to enter into or have entered into with you for the Service;

  2. 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; and

  3. Where we need to comply with a legal or regulatory obligation in the EU.

Sharing of Your Information

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices Regarding Your Information” section below.

We may share your personal information with:

  1. Other companies owned by or under common ownership as Fotura, which includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;

  2. Third party vendors, consultants, contractors and other service providers that perform services on our behalf, in order to carry out their work for us, which may include content or service fulfilment, accounting, or providing analytics services;

  3. Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or the acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings. Your information, such as user names and email addresses, User Content and other user information may be among the items sold or otherwise transferred in these types of transactions; and

  4. Third parties as reasonably necessary to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of Service, including the investigation of potential violations thereof, and/or (iii) investigate and defend ourselves against any third party claims or allegations, (iv) to exercise or protect the rights, property, or personal safety of Fotura, our Users or others.

We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.

Your Choices about Your Information

  1. Data Retention. We will retain your information for as long as your account is active or as needed to provide you services. If your account becomes inactive, we will maintain your personal information in the event you wish to re-engage in our Service. You may delete your account by visiting the “Account” page.

If you have any questions about reviewing or modifying your account information, you can contact us directly by contacting us at benner@foturastudio.com.

Your rights in respect of your personal data if you are located in the EU or Switzerland

  1. Right of access. The right to obtain access to your personal data.

  2. Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.

  3. Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.

  4. Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.

  5. Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another.

  6. Right to object. You have a right to object to processing based on legitimate interests and direct marketing.

If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Notice.

You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

How We Store and Protect Your Information

Storage and Processing: Your information collected through the Service may be stored and processed in the United States or any other country in which Fotura or its subsidiaries, affiliates or service providers maintain facilities. Fotura may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and we will take all steps reasonably necessary to ensure that any personal data are treated securely and in accordance with this Privacy Notice. Such transfers are made pursuant to appropriate safeguards.

Keeping your information safe: Fotura cares about the security of your information and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Children's Privacy

Our Service is not directed at children under the age of 13 and we do not knowingly collect or solicit information from anyone under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information collected from a child under 13, please contact us at benner@foturastudio.com.

Links to Other Websites and Services

The Services may, from time to time, contain links to and from third party websites. 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 their policies. Please check the individual policies before you submit any information to those websites.

Where can I find a list of Fotura’s subprocessors?

Here is a non-exclusive list of our subprocessors and what they are used for. This list is subject to change as our business evolves.

Subprocessor Name Nature of Processing
Google Authentication and storage of user data
Stripe Payment Processing
Mailchimp Email delivery services.

How Can I Edit my Fotura Data?

You can edit your data at any time from your account page.

How long does Fotura retain Customer Data? Will Fotura delete customer data when requested?

Fotura maintains all customer data until we mark users as "non-active" or a customer deletes their own account. User can delete their own accounts and data here.

How Can I download my Fotura Data?

You can send a request to download your data to benner@foturastudio.com.

How to Contact Us

If you have any questions about this Privacy Notice or the Service, please contact us at benner@foturastudio.com.

Changes to Our Privacy Notice

Fotura may modify or update this Privacy Notice from time to time to reflect changes in our business and practices so you should review this page periodically. When we change the notice in a material manner we will let you know and update the ‘last modified’ date at the bottom of this page.

This Privacy Notice was published on September 8th, 2019 and has not yet been modified.