PRIVACY POLICY
This privacy policy (“Privacy Policy“) describes how Atadat Ltd. ŞTİ(“opono.net”, “we“, “us“, or “our“) collects, uses and discloses certain information, including your personal information, and the choices you can make about that information.
opono.net is the developer and operator of an online-based SaaS platform (“Platform“) for professional photographers (“Photographers“) enabling them to uploading content such as photos, digital files and storing such content, creating online galleries (“Gallery” or “Galleries“), offer their clients various merchandise and online social features, customize portfolio pages, and to use the marketing services and tools (“Services“).
This Privacy Policy which is incorporated by reference in our Terms of Service, and any other terms or documentation (together “Terms“) governs the processing and transfer of data collected in connection with visitors browsing our website available at https://www.opono.net / (“Visitors” and “website” respectively), as well as Photographer using the Services and Photographers clients, customers and end users which login to view their Galleries (“Client(s)“). Visitors, Photographers and Clients collectively shall be referred to as “you” unless otherwise required.
POLICY AMENDMENTS:
We reserve the right to amend this policy from time to time, at our sole discretion. The most recent version of the policy will always be posted on the website. The updated date of the policy will be reflected in the “Last Updated” heading. We will provide notice to you if these changes are material, and, where required by applicable law, we will obtain your consent. Any amendments to this policy will become effective within 30 days upon the display of the modified Policy. We recommend you review this Policy periodically to ensure that you understand our most updated privacy practices.
CONTACT INFORMATION:
You may contact us and our privacy team as follows:
For privacy inquires, email to our: [email protected]
For general inquires, by email: [email protected]
For technical support, by email: [email protected]
DATA SETS WE COLLECT AND FOR WHAT PURPOSE:
We may collect two types of information from you, depending on your interaction with us.
The first type of information is non-identifiable and anonymous information (“Non-Personal Data“). We are not aware of the identity of the user from which the non-personal data is collected. The Non-Personal Data which is being collected may include your aggregated usage information and technical information transmitted by your device and may contain, among other things, the type of operating system, type of browser you use and the time and date you browse our website or access our services or galleries.
The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Data“). For avoidance of doubt, any Non-Personal Data connected or linked to any Personal Data shall be deemed as Personal Data as long as such connection or linkage exists. As detailed below, we may also collect or process sensitive Personal Data constituting children photograph, or revealingbio-metric data, sexual or nude photographs, etc. (“Special Categories of Personal Data“).
As you interact with the Services, we may collect facial recognition information through our facial recognition software, which allows for specific individuals to be detected in photographs uploaded to the Services. Depending on the applicable laws, some of the information collected by the facial recognition feature may be considered “biometric data“. You will be able to opt-out of such data collection by opting out of the facial recognition feature altogether. Face recognition related-data, including biometric data that we collect from you, will only be used to provide Services. Your biometric data will be stored securely in our database and will only be retained for as long as required by applicable law.
We will not sell, lease, trade or otherwise profit from your Personal Data that constituted as Special Categories of Personal Data, nor will any of our vendors, service providers or partners who have access to such data be permitted to do so .
The table below details the processing of Personal Data, the purpose, lawful basis and processing operations:
| VISITORS | ||
| DATA SET | PURPOSE AND OPERATION | LAWFUL BASIS |
| Online Identifiers and Usage Data When you access our website, we collect certain online identifiers through first party cookies, which are strictly necessary for the operation of the website and Platform, and through third party cookies for analytics and marketing. Such identifiers include, IP address, log files, device identifiers, unique ID and other unique identifiers. A device identifier may remain persistently on your device, to help you log in and navigate the Services better (” Online Identifiers“). Through these cookies, we also collect information on how you use our website, such as click stream data, duration of use, time and date you enter or exit the website (” Usage Data“). | The purposes of using first party cookies are operational and technical purposes, such as to enable the website to be uploaded, as well as fraud prevention and data security, to remember you when you re-enter the Services, enable the cart to upload, etc. The purposes of using third-party cookies are tracking technologies for analytic, marketing and advertising purposes. | First party cookies which are strictly necessary for operating the website and Platform are based on our legitimate interest to enable the operation of the website and the Services. Third-party cookies will be able to process data solely if you provided consent through the cookie notice and a consent management tool that is used on the website. You may withdraw consent at any time by using the cookie preference settings. |
| Contact Information If you voluntarily contact us through any form available on the website or by email, you may be required to provide us with certain information such as your full name, email address, and any additional information you decide to share with us (“Contact Information“). | We will process the Contact Information to provide you with a response to your inquiry. We may also process the contents of our correspondence with you in order to improve our customer service. | We process Contact Information subject to our legitimate interest. We may keep such correspondence if we are legally required to. |
| Careers When you apply for a position, we will process your CVs as uploaded by you, your name, email address, phone number, your education and skills, employment history, and your photo (to the extent provided by you). (” Recruitment Information“). | We will collect Recruitment Information in order to process your application, for recruitment management purposes, for further recruitment steps (e.g., interview), and to enable us to comply with corporate governance and legal and regulatory requirements. If you are hired, your Recruitment Information may be stored with HR as part of your employee file, and subject to our corporate management. | We process Recruitment Information subject to our legitimate interest. We will retain your data for records keeping and future defense from legal claims under our legitimate interest, or if you have provided consent to contact you in the future. Following the completion of the recruitment process, we may further retain and store the Recruitment Information as part of our internal record keeping, including for legal defense from any future claim, as well as, where we find applicable and subject to applicable law requirements, to contact you in the future for other job positions we believe will suit your qualifications. |
| Newsletter Registration In the event you sign up to receive our newsletter or other marketing materials, you will be requested to provide your contact details, such as your email address. | We will use your email address in order to send you our newsletter and other marketing materials. | We process such data subject to your consent. You may withdraw consent at any time through the ” unsubscribe” link within the email or by contacting us directly. |
| PHOTOGRAPHERS | ||
| DATA SET | PURPOSE AND OPERATION | LAWFUL BASIS |
| Registration Information In order for you to access our Services, Platform or certain features on the website, you will need to register and create an account (“Account“). As part of the registration as a Photographer, you will be requested to provide us with certain information such as your full name, email address, phone number, tax ID, a user name and password (” Registration Information“). You are also able to log in through your social media accounts (i.e., Facebook and Instagram), if you do so we will receive your publicly available information (name and email address). | We use the Registration Information to manage, support and to provide the Services, such as create your Account, verify your identity and enable the Services. | We process Registration Information for the purpose of performing our contract with you, subject to our Terms of Service . |
| Register for Free Trial In the event you choose to register for free trail, you may be requested provide us with your name, email address, phone number, company name. | We will use this information for the purpose of providing you with the information or Services that you have requested. | We process this information for the purpose of performing our contract with you. |
| Payment Information As part of the Services, you may need to provide us with your payment details your name, full address, phone number and payment information (e.g., credit card or PayPal UID); however, we do not collect any credit card information, as we use third party payment processors which may include PayPal , Stripe, , pursuant to their privacy policy linked (” Payment Information“). | We will process this information for billing purpose, for the purpose of enabling you to use the Services. | We process Payment Information as part of the performance of our contract with you. Subject to legal obligation, we may record transaction information, such as your payments and purchase history. |
| Customer Support When our customers contact us for customer support, we will process your Contact Information. | We will use Contact Information to provide the customer support needed. We will retain such correspondence for as long as needed, and to evidence the support was provided. | We process such information for performing our contract with you. |
| Direct Marketing As a Photographer, we will send you invoices, materials and marketing content through the email information you provided during your onboarding (” Direct Marketing“). | We will use this information to keep you updated with offers and content such as new capabilities and features, surveys, invoices and supporting documentation. We use third party service providers for the purpose of managing our marketing activities, such as Mailchimp and SendGrid , which will process your data on our behalf. | We process such information subject to our legitimate interest. You can opt-out at any time by using the ” unsubscribe” option. |
| Photographer Usage Data When you access or use our Platform or Services, information regarding such use is automatically generated and collected, which may include the click stream within the Platform, the use of the Services (i.e., accessed or used by you) and the time spent on those pages or features, crash data and analytics, crash and errors, your purchases, etc. (“Photographer Usage Data“). Such data might be considered as Personal Data, when it is linked to or combined with other types of identifying data such as online identifiers, account, email address, username, etc. | We use this information to help us to understand how you are using our Platform, and how to better provide and improve our Services. This helps us to better understand our business, analyze our operations, maintain, improve, innovate, plan, design, and develop the Service and our new products. We also use such data for statistical analysis purposes, to test and improve our offers, decide how to improve the Services based on the results obtained from this processing. | We process such data subject to our legitimate interest. |
| Photographs When a Photographer uses our Services, they upload content, photos, videos, GIF, etc. on the Platform (” Photographs“) for the purpose of managing and storing the Galleries, or offering their Clients to log-in and view the Photographs as further detailed below. The Photographs can include sensitive information, Special Categories of Personal Data (nude, sexual content, minors) and may also infer or provide information such as gender, ethnicity (by means of example if the Photograph includes cloture or religiose symbols, images inferring the gender, etc.). | We process, host and store the Photographs to enable our Photographers to manage their Galleries and use the Services. | As the “Processor” of this data (as such term is defined under data protection laws), the processing is subject to the Photographers’ instructions and subject to a Data Processing Agreement, such as the opono.net Data Processing Agreement . |
| CLIENTS | ||
| DATA SET | PURPOSE AND OPERATION | LAWFUL BASIS |
| Client Registration Information In order for you to access a Gallery you will be invited by the Photographer via a link. We will process your name, username and password that you will be provided during the registration process, as well as the Photographs available in your Gallery. | To enable a secure access of Client to the Gallery. | We process such information for performing our contract with you or the Photographer as applicable. |
| Commercial Information The Photographers may offer certain merchandise or printing the Photographs, the billing for such services can be done either by Photographer or directly through opono.net Platform. When payment is processed through the Platform you will be requested to provide customary billing information including, name, address, email address, phone number and your payment details; however, we do not collect any credit card information. | We will use and process such information in order to enable the transaction. We use third party payment processors, such as PayPal , Stripe, Square and BlueSnap pursuant to their privacy policies linked (” Purchase Information“). | This Information will be processed for performing our contract with you or the Photographer and will enable you to make a purchase. Subject to legal obligation, we may record commercial and transaction information, such as your payments and purchase history. |
| Usage Data When you access the Gallery, we process the Online Identifiers and Usage Data, as defined above. | We will use such information in order to operate, provide, maintain, protect and manage our Services. | We process such information subject to our legitimate interest. |
| Share on Social Network You can choose to share the Photograph on your social networks or website, directly from the Platform. | Technically through the applicable API we will post your Photograph as requested by you, please be aware that according to your settings on Social Networks you are making the Photograph publicly available. | Performance of contract. |
| Facial Recognition By uploading the Photographs and using the face recognition feature, we will process facial recognition information, including information that is considered biometric data in certain jurisdictions. | We will only use this information to provide Services, and we will ensure high standard of security is placed. | We process such information to provide the tag feature, based on our contract with you, where required by law, we will further seek your consent. |
Please note that, the actual processing operation per each purpose of use and lawful basis detailed in the table above, may differ. Such processing operation usually includes set of operations, made by automated means, such as collection, storage, use, disclosure by transmission, erasure or destruction. Transfer of personal data to third party countries as further detailed in the Data Transfer section is based on the same lawful basis as stipulated in the table above.
In addition, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts and any other misuse of the Services and to enforce the Terms, as well as to protect the security or integrity of our databases and the Services, and to take precautions against legal liability. Such processing is based on out legitimate interests.
HOW WE COLLECT YOUR INFORMATION:
Depending on the nature of your interaction with us, we may collect the above detailed information from you, as follows:
Automatically , when you visit our website or interact with the Platform, including through the use of Cookies (as detailed below) and similar tracking technologies.
Provided by you voluntarily we will collect information if and when you choose to provide us with the information, as through the Services, contact us communications, registration, etc.
Provided by Third Parties as detailed above, our Photographers may provide use with your photographs or email address.
COOKIES AND SIMILAR TECHNOLOGIES:
We use “cookies” (or similar tracking technologies) when you access the website or interact with the Services we offer. The use of cookies is a standard industry-wide practice. A “cookie” is a small piece of information that a website assigns and stores on your computer while you are viewing a website. You can find more information about cookies at http://www.allaboutcookies.org/ .
Cookies can be used for various purposes, including allowing you to navigate between pages efficiently, for statistical purposes, as well as for advertising purposes. You can find more information about our use of cookies, as well as change your settings and preferences, as detailed under our Cookie Policy.
DATA SHARING“ CATEGORIES OF RECIPIENTS WE SHARE PERSONAL DATA WITH:
We share your data with third parties, including with trusted partners or service providers that help us provide our Services. You can find here information about the categories of such third-party recipients.
| CATEGORY OF RECIPIENT | DATA THAT WILL BE SHARED | PURPOSE OF SHARING |
| Service Providers | Various types of Personal Data, Online Identifiers, Usage Data, Registration Information, etc. | Thus, we share your data with third party entities, for the purpose of hosting, storing, analytics, and assessing in providing the Services, such information on our behalf, or for other processing needs. These entities are prohibited from using your personal information for any purposes other than providing us with requested services. |
| Photo labs, merchandise providers, and related service providers | Photographs, contact information (for shipping) payment information, etc. | We may disclose such Personal Data to our service providers (including, but not limited to, payment processors, printing partners and marketing providers) to perform certain requested services on our behalf, such as our third-party photo labs. Thus, we share your data with third party entities, for the purpose of storing such information on our behalf, or for other processing needs. These entities are prohibited from using your personal information for any purposes other than providing us with requested services. |
| Any acquirer of our business | All types of Personal Data | We may share Personal Data, in the event of a corporate transaction (e.g., sale of a substantial part of our business, merger, consolidation, or asset sale). In the event of the above, our affiliated companies or acquiring company will assume the rights and obligations as described in this Policy. |
| Legal and law enforcement | Subject to law enforcement authority request. | We may disclose certain data to law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to terror acts, criminal investigations or alleged illegal activity or any other activity that may expose us, you, or any other user to legal liability, and solely to the extent necessary to comply with such purpose. |
Please note that the actual processing operation per each purpose of use and lawful basis detailed in the table above may differ. Such processing operation usually includes a set of operations made by automated means, such as collection, storage, use, disclosure by transmission, erasure, or destruction. The transfer of Personal Data to third-party countries, as further detailed in the Transfer of Data section below, is based on the same lawful basis as stipulated in the table above.
In addition, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts, and any other misuse of the Services and to enforce the Terms, as well as to protect the security or integrity of our databases and the Services, and to take precautions against legal liability. Such processing is based on our legitimate interests.
USER RIGHTS:
We acknowledge that different people have different privacy concerns and preferences. Our goal is to be clear about what information we collect so that you can make meaningful choices about how it is used. We allow you to exercise certain choices, rights, and controls in connection with your information. Depending on your relationship with us, your jurisdiction and the applicable data protection laws that apply to you, you have the right to control and request certain limitations or rights to be executed.
Certain rights can be easily executed independently by you without the need to fill out the DSR Form:
As a Photographer, you can correct certain data provided under your Account (such as contact information) through the account settings;
You can opt-out from receiving our emails by clicking “unsubscribe” link.
You can delete photographs.
You can use the cookie settings tool on our website to change your preferences.
DATA RETENTION:
In general, we retain the Personal Data we collect for as long as it remains necessary for the purposes set forth above, all under the applicable regulation, or until you express your preference to opt-out (where applicable), or terminate your use of the Services, or you request to delete your Personal Data.
Other circumstances in which we will retain your Personal Data for longer periods of time include: (i) where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements; (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges; or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data. Please note that except as required by applicable law, we may at our sole discretion, delete or amend information from our systems, without notice to you, once we deem it is no longer necessary for such purposes.
SECURITY MEASURES:
At opono.net, security is our highest priority. We have implemented physical, technical and administrative security measures for the Services that comply with applicable laws and industry such as: encryption using SSL, minimizing the amount of data that we store on our servers, restrict access to Personal Data to opono.net employees, contractors and agents, etc.
Note that we cannot be held responsible for unauthorized or unintended access beyond our control, and we make no warranty, express, implied, or otherwise, that we will always be able to prevent such access.
Please contact us at: [email protected] if you feel that your privacy was not dealt with properly, in a way that was in breach of our Privacy Policy, or if you become aware of a third party’s attempt to gain unauthorized access to any of your Personal Data. We will make a reasonable effort to notify you and the appropriate authorities (if required by applicable law) in the event that we discover a security incident related to your Personal Data.
TRANSFER OF DATA:
Our data servers, in which we host and store the information, are located in the TÜRKİYE, EU, the US and Australia. We will take appropriate measures to ensure that your Personal data receives an adequate level of data protection upon its transfer. When Personal Data that was collected within the EEA is transferred outside the EEA, we will take necessary steps in order to ensure that sufficient safeguards are provided during the transfer of such Personal Data. You may exercise your rights, where applicable, to receive information regarding the transfer mechanism that was used during such transfer. Personal Data transferred outside the EEA is transferred, in all cases pursuant to standard contractual clauses approved by the European Union (“SCCs “). Additionally, following the withdrawal of the United Kingdom (“UK”) from the European Union on January 31, 2020, the UK is no longer considered to be a part of the EEA and therefore, the transfer of Personal Data from the EEA to the UK will also be subject to the SCCs or other contractual clauses that will ensure the security of the Personal Data (pending an adequacy decision from the European Commission).
ELIGIBILITY AND CHILDREN PRIVACY:
The opono.net website and Services are not intended for use by children and we do not knowingly collect or maintain information about anyone under the age of 16. Please contact us at: [email protected] if you have reason to believe that a child has shared any data with us.