GDPR Privacy Policy Form

FORM PRIVACY POLICY - May 2018THIS FORM PRIVACY POLICY SHOULD BE MODIFIED TO CONFORM TO YOUR ACTUAL USE OF INFORMATION IN EACH INSTANCE.  DO NOT USE THIS FORM WITHOUT REVIEWING IT CAREFULLY AND MAKING SURE ALL USAGE OF INFORMATION IS ACCURATE.  YOU SHOULD REVIEW THIS FORM WITH YOUR ATTORNEY.  ITEMS IN BRACKETS SHOULD BE CUSTOMIZED TO YOUR BUSINESS OR DELETED AS THEY MAY APPLY TO SPECIALIZED SERVICES THAT ARE NOT APPLICABLE TO ALL DMLA MEMBERS.DUE TO THE RECENT EUROPEAN GENERAL DATA PROTECTION REGULATION, WHICH IS IN EFFECT AS OF MAY 25, 2018, CERTAIN ADDITIONAL COMPLIANCE REQUIREMENTS MAY BE NECESSARY IF YOUR WEBSITE IS USED IN THE EUROPEAN ECONOMIC AREA. FOR EXAMPLE, IF YOUR COMPANY COLLECTS CERTAIN “SPECIALIZED” PERSONAL DATA SUCH AS GENETICS, RACE OR ETHNICITY DATA, POLITICAL OPINIONS, ETC., YOU ARE REQUIRED TO APPOINT A “DATA PROTECTION OFFICER.” IF YOUR COMPANY HAS MORE THAN 250 EMPLOYEES, YOU WILL BE REQUIRED TO KEEP MORE DETAILED RECORDS OF WHAT DATA YOU COLLECT AND HOW YOU USE IT, SUCH AS YOUR REASONS FOR PROCESSING THE DATA, A DESCRIPTION OF DATA BEING PROCESSED, DETAILS ON RECIPIENTS OF THE DATA, DURATION OF RETENTION, DETAILS ON TRANSFERS OUTSIDE OF THE EU, AND AN OVERVIEW OF THE SECURITY MEASURES YOU EMPLOY.[INSERT COMPANY NAME] (“Company”, “we”, or “Us”) is committed to respecting your privacy. This Privacy Policy describes how Company collects, uses, and retains personal information to enable us to do business with you and improve our services. “Personal Information” includes any information that relates to, identifies, or can be used to identify, contact, or locate the person to whom such information pertains.The terms of this policy apply to [all of Company’s websites/Company’s website: http://www.______.com/ ([collectively] the “Site”), unless different terms are otherwise specified or provided to youBy using this Site, you understand and agree to the terms of this Privacy Policy. This Site is operated in [the United States/_______] and may be accessed abroad. For data protection purposes, Company is the controller and, unless otherwise noted, is also the processor of data. Personal Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.We do not sell, rent, or share your Personal Information to or with third parties in any way other than as disclosed in this Privacy Policy.UPDATING YOUR PERSONAL INFORMATION AND PRIVACY PREFERENCESUpon request Company will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please contact us at [privacy@company.com].You have the right to access and correct or revise your Personal Information and privacy preferences at any time [by visiting the “_______” section of the Site and/or] by contacting us at [privacy@compay.com]. We will respond to your request within a reasonable period of time.WHAT PERSONAL INFORMATION WE COLLECT AND RETAIN FROM CUSTOMERSWhen you visit this Site some Personal Information may be collected automatically as part of the Site's operation. This information may include your IP (Internet Protocol), your browser type, access times,[ the website that referred you to us,] and navigational information such as the pages you view on the Site. We collect information about your use of the Site and our other customers in the aggregate to learn more about how our Site is used by our customers in order to improve our service and our Site.When you register online with us, we collect the Personal Information you provide to us, including your name, address, job title, company name and company type, phone number, email address, password, and [INSERT ANYTHING ELSE YOU COLLECT]. You may choose not to provide this information by not registering with us, however certain products and services on the Site are only available to you upon registration. Registration enables you to access higher resolution content [and to enter into a license to use content for comp purposes].[If you use our mobile apps, we 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.]If a password is used to protect your account and Personal Information, it is your responsibility to keep your password confidential.PERSONAL INFORMATION WE COLLECT AND RETAIN FROM CONTRIBUTORSIn addition to the Personal Information collected from general users of the Site, if you contribute content to us for licensing you may be asked to provide your Personal Information such as your name, phone number, primary address, and email address. We may verify this information by asking you to [upload a scan of a government issued ID (which will be stored securely on our servers), or] provide a credit card number.In order to pay you and report sales to you, you will be asked to provide certain Personal Information such as payment information, payment method, payment emails, tax information; [INSERT WHAT OTHER INFORMATION YOU NEED].Some of this information is mandatory and if you choose not to disclose, we may not be able to engage in any activity with you.HOW WE USE YOUR PERSONAL INFORMATIONWhen you license content from us, we collect your username, password, full name, telephone number, email address and postal address, [company name, company title,] credit card number, and other Personal Information to process your orders and complete the license transaction, for license transaction history record keeping purposes, or to receive products or services. Your email address is used to confirm the licensing transaction.We may contact you using your email or other Personal Information to respond to customer requests and inform you of special offers services.We may ask you questions relating to your user preferences in order to better serve you and improve the use of our Site. Providing information regarding your usage and preferences is always voluntary.We may contact you to administer promotions or sweepstakes you enter and notify you of the results.We collect Personal Information regarding your orders, your use of the Site, and other account information as part of your sales history with us.We may disclose to carefully-chosen third parties navigational and transactional information in the form of anonymous, aggregate usage statistics and demographics, but only in forms that do not reveal your identity or other confidential information.We may contact you to investigate or take any action regarding illegal activity or any violations of our terms of service.We may disclose Personal Information if required by law (for example, to comply with a subpoena, warrant, court order, or legal process) or when 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 if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.DATA RETENTIONWe will retain your Personal Information for as long as your account is active, your information is needed to provide you services, or as required to fulfill our legal obligations, resolve disputes, and enforce our agreements. If you wish to delete your account or request that we no longer use your information to provide you services contact us at [privacy@company.com]. We will respond to your request within [30 days].If you are a contributor and have submitted model releases with any content, we will retain the releases to comply with our legal obligations, dispute resolutions, licensing transactions, or to enforce our contractual obligations. We will not publicly disclose any Personal Information regarding any model.ABOUT COOKIESWhen you visit Company’s Site, a text file called a cookie is placed in the browser directory of your computer's hard drive. A cookie is information that a website can store on your web browser and later retrieve. The information that cookies collect includes the date and time of your visit, your registration information and your navigational and licensing information. It allows the web browser to recognize the pages you have been to when you are visiting the Site and allows you to quickly return to viewed pages. We may also use "web beacons" that monitor your use of our Site. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page for the purpose of transferring data, such as the IP  address of the computer that downloaded the page on which the web beacon appears, the URL (Uniform Resource Locator) of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the types of browser that fetched the web beacon and the identification number of any cookie on the computer previously placed by that server.When corresponding with you via HTML capable e-mail, web beacons let us know whether you received and opened our e-mail.You may adjust your browser to reject cookies from us or from any other website. Additionally, by setting your web browser to display HTML e-mails as text only, you may be able to prevent the use of some web beacons. Please consult the "Help" section of your browser for more information. [However, certain areas of our Site can only be accessed in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content.]DIRECT MARKETINGIf at any time you decide that you do not want to receive marketing emails from us you will have the option of opting out and/or unsubscribing from our emails and mailing lists by adjusting [your "Personal Information Preferences"] as follows: [(1) checking or unchecking the appropriate box on your online registration form [or the "xxxxxx" page of the Site]; (2)[ contacting your Account Executive]; or (3) sending an email to [privacy@company.com]]. If you chose not to receive marketing emails, you may continue to receive transactional or account emails (e.g., purchase confirmations and account balance statements).FORUMS & OTHER INTERACTIVE SERVICESOur websites may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites ("Interactive Areas"). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please email us at [privacy@company.com]. Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from our systems.SECURITY OF OUR DATAWhenever you submit an order to Company, you can do so over a secure (i.e., encrypted) connection. This ensures that your personal information is not at risk. Additionally, we encrypt your credit card information and store it in a secure location, which can be accessed only by authorized personnel. As no method of transmission over the Internet, or method of electronic storage is 100% secure, while Company uses commercially reasonable methods to protect your personal information, we cannot guarantee that it is absolutely secure. In the unlikely event that an unauthorized third-party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your information.REVIEWING, UPDATING, OR CORRECTING YOUR INFORMATIONIf at any point you wish to access your personal information to (1) change your preferences, (2) review the accuracy, or (3) correct, supplement or modify your information, you may make a written request to [insert email address].CHANGES IN PRIVACY POLICYCompany 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.LINKS TO THIRD PARTY SITESOur Site includes links to other sites whose privacy practices may differ from those of Company. If you submit personal information to any of those sites, your information is governed by their privacy policies. Please review the privacy policy of any Web site you visit.SOCIAL MEDIAOn some pages, we allow you to share Personal Information with third parties, such as social networks like Facebook. In these instances, you are agreeing to the data being shared and the shared data is subject to the privacy policies of the third parties. We do not control and do not assume any responsibility for the use of personal information by such third parties. For more information about the third party's purpose and scope of their use of personal information in connection with sharing features, please visit the privacy policies of such third parties.REFERRAL PROGRAM EMAILSIf you choose to use our referral service to tell a friend about our Site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.Your friend may contact [privacy@company.com] to request that we remove this information from our database.CHILDRENWe do not intend to solicit or collect Personal Information from anyone under the age of 18. If you are under 18, do not enter information on this site or engage our services. If you believe a child of yours under the age of 18 has entered Personal Information please contact [INSERT EMAIL] to have the data removed and terminate the child's account.CONTACT INFORMATIONIndividuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their Personal Information. Subject to any exemptions provided by law, if you live in this area you have the right to request access to your Personal Information, as well as to seek to update, delete, or correct this Information.[If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact our Data Protection Officer at ______________][privacy@company.com].You can contact Company by emailing [INSERT EMAIL, PHONE, and ADDRESS].SOME COMPANIES ELECT TO SUBSCRIBE TO A SERVICE THAT ALLOWS YOU TO SELF-CERTIFY THAT YOUR PRIVACY POLICY IS COMPLIANT WITH GDRP AND OTHER INTERNATIONAL DATA PROTECTION LAWS. ONE SERVICES IS PRIVACY SHIELD.  IF YOU ELECT TO SUBSCRIBE TO PRIVACY SHIELD YOU MAY ADD THESE PARAGRAPHS, AND TO SUBSCRIBE, YOUR PRIVACY POLICY WILL BE REVIEWED.PRIVACY SHIELDCompany has certified under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (individually and collectively, "Privacy Shield"). Company complies with the Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, transfer and retention of personal information from European Union member countries and Switzerland. Company has certified that it adheres to the Privacy Shield based on Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. To learn more about the Privacy Shield programs, and to view our certification pages, please visit https://www.privacyshield.gov/. If you would like to exercise any of your data protection rights (including the right to have your personal information disclosed or deleted), please contact us using the "Contact Information" below.U.S. FEDERAL TRADE COMMISSION ENFORCEMENTCompany’s commitments under the Privacy Shield are subject to the investigatory and enforcement powers of the United States Federal Trade Commission.