Legal/Privacy Policy

1. Privacy Shield Framework

The purpose of this privacy policy (the “Privacy Policy”) is to inform you about our privacy practices, including how we collect, use and disclose your personal information.

This Privacy Policy applies to our website, mobile applications and related services . By visiting, accessing, or using the fotographia Services, you consent to the policies and practices of this Privacy Policy so please read them carefully. If any policies or practices of this Privacy Policy are unacceptable to you, please do not visit, access, or use the fotographia Services.

2. Collection of Personal Information

we may collect the following Personal Information from you:

  • Contact information such as your name, phone and fax numbers, address and email address; and
  • Billing information such as the number, expiration date, card type and billing address of your credit card;
  • Demographic information such as your job title, job description and company name and company type; and
  • Profile data, including your username and password, details about your purchases and the Content that you license from us.

If you submit content to fotographia for licensing, you may be asked to provide the following information:

  • Contact information such as your name, phone number, primary address, and email address.
  • Payment and contributor information including, but not limited to, payout method, payout email, desired display name, content focus, camera equipment, and information about your skill level and creative process.

Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

As is true of most websites, when you use the Site, Shutterstock or third party subprocessors contracted by fotographia may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services.We use these environmental variables to facilitate and track your use of the Site and its services. fotographia also uses such environmental variables to measure traffic patterns on the Site. To better understand the needs of our visitors to the Site we may occasionally match such information with your Personal Information.

When you download and use our Mobile Apps or Services, we automatically collect information on the type of device you use, and operating system version. We do not ask for, access or track any location-based information from your mobile device at any time while downloading or using our Mobile Apps or Services.

3. How Your Personal Information Is Used

fotographia collects your information in order to provide services to you, comply with our legal obligations, and to improve our products and services. We do not sell, rent or share your personally identifiable information to or with third parties in any way other than as disclosed in this Privacy Policy. fotographia may use this information to:

  • Authenticate and provide access to the fotographia websites, mobiles applications, and services.
  • Process your financial transactions.
  • Send you order / renewal confirmations.
  • Register your rights, if any, to technical support or other benefits that may be made available to registered users.
  • Respond to customer service requests, questions and concerns.
  • Administer your account.
  • Send you requested product or service information.
  • Keep you informed about special offers and services of Shutterstock and selected third parties.
  • Administer promotions and sweepstakes you enter and notify you of the results.
  • Investigate, prevent or take action regarding illegal activities and/or violations of our Terms of Service.
  • Meet our research and product/service development needs and to improve our Site, services and offerings; and
  • Customize your experience, including targeting our services, search results, and offerings to you.

We store information that we collect through cookies, log files, transparent images, and/or third party sources to create a summary of your preferences. We tie your personally identifiable information, and/or your membership usage history, to information in the summary, in order to provide tailored promotions and marketing offers, to improve the content of the site for you and/or to determine your preferences.

In certain situations, fotographia may be required to comply with legal obligations to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Where required by law (e.g., to comply with a subpoena, warrant, court order, or legal process served on fotographia), and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you in order to comply with our legal obligations if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

4. Legal Bases for Processing

 we rely on the following legal bases for the processing of your personal data:

  • Where processing is necessary to perform our contract with you:
    • Providing access to the fotographia websites, mobiles applications, and services to fulfill the terms of your contract;
    • Customizing your experience, including targeting our services, search results, and offerings to you.
    • Providing information so that you can make decisions about fotographia services;
    • Processing your financial transactions and sending you order / renewal confirmations;
    • Register your rights, if any, to technical support or other benefits that may be made available to registered users;
    • Responding to your customer service requests, questions and concerns;
    • Administering your account.
  • Processing is necessary to protect the vital interests of the data subject or another natural person:
    • Investigating and protecting against intellectual property infringement;
    • Confirming the validity of licenses to fotographia content;
    • Investigating, preventing or taking action regarding violations of our Terms of Service.
  • Processing in furtherance of fotographia’s legitimate interests:
    • Providing, improving and customizing our website and services;
    • Administering our operations and meeting our contractual obligations to our customers and contributors;
    • Analyzing and understanding how our online platforms are being used;
    • Maintaining the security and integrity of our websites, mobile applications and other services;
    • Sending you requested product or service information and keeping you informed about special offers and services of fotographia and selected third parties;
    • Administering promotions and sweepstakes;
    • Research and product/service development for the improvement of our Site, services and offerings.
  • Processing is necessary for compliance with fotographia's legal obligations, including:
    • Investigating and protecting against intellectual property infringement, fraud, spam, harassment, crime and security risks;
    • Compliance with money laundering, bribery, corruption, and applicable sanctions laws and regulations; and
    • Meeting financial reporting and other obligations under applicable securities laws.

5. Information Sharing with Service Providers / Agents

We may disclose your personal information to law enforcement and governmental entities when required by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies. We may also disclose your personal information to a third party in the event of any potential or completed reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business.

We rely on third party services providers to perform a variety of services on our behalf, such as identity verification, detection of fraud or security threats, telephone or technical support, payment card processing, hosting services, and data storage or processing, and we may transfer your personal information to our service providers for such purposes. Third party service providers have access to and may collect personal information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.

When we disclose your personal information to third parties, we take reasonable measures to ensure that the rules set forth in this Privacy Policy are complied with and that such third parties provide sufficient guarantees to implement appropriate technical and organisational measures to protect your personal information.

6. Data Retention and Data Portability

We will retain your information for as long as your account is active and your information is needed to provide you services, as necessary to validate or enforce the licenses to use Content, or as required to fulfill our legal obligations.

7. Protection of Your Personal Information

We take your privacy very seriously and have implemented physical, organizational and technological security measures with a view to protecting your personal information from loss or theft, unauthorized access, disclosure, copying, use or modification. we periodically review information collection, storage, and processing practices; and we restrict access to your information on a need-to-know basis for our employees, contractors, and agents who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

however  the measure outlined above, no method of information transmission or information storage is 100% secure or error-free, so we unfortunately cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure please contact us as immediate as possible to resolve.

8. Cookie and Tracking Technologies

we may also make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (“Cookies”) on your computer or other devices used to access the fotographia Services. Cookies are small bits of information that are automatically stored on the web browser of your device that can be retrieved by us. The type of information we collect includes, but is not limited to, uniquely identifying visitor information and information related to your usage preferences. We use these technologies to help us recognize you as a user, collect information about your use of the fotographia Services to better customize our services and content for you. By using the fotographia Services, you acknowledge and agree that we may collect and/or transmit any data collected to our third-party service providers, such as analytics providers, which may also make use of such technologies described above. Please note that if you block or delete cookies you will not be able to use some or all of the fotographia Services.

9. Changes in Privacy Policy

fotographia reserves the right to amend the Privacy Policy from time to time at its sole discretion and will provide notice by email or on the home page of the Site when we make material changes to this Privacy Policy prior to the change becoming effective. 

You will be deemed to have been made aware of, and will be subject to, any material changes to the Privacy Policy after such notice has been posted with the following exception: If at the time you provide Personal Information to fotographia you are given the opportunity (as you currently are) to limit how such information will be used to communicate with you, either by fotographia or by third parties, fotographia will not change your preference in this regard without your express consent. However, if otographia is acquired by or merged with another entity, fotograohia may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent, but fotographia will provide notice of such asset sales, acquisitions, or mergers on this Site.