Privacy

This Privacy Policy explains how we process the personal information that we collect from you when you use our websites, apps, platforms and services governed by this Privacy Policy (our "Services").

BackThen (see "Definition of BackThen" at the bottom of this Privacy Policy) is the data controller. Data controller is the entity determining the purposes and means of the processing of the personal information processed about you.

1. When this Privacy Policy applies

The following Services are subject to this Privacy Policy:

  • BackThen account
  • Any service you can log into using your BackThen account
  • Any other BackThen Services this Privacy Policy is attached to

2. Information we collect and what we use it for

We collect your personal information when you sign up and/or when you use our Services:

  • Upon signing up: you will be asked for several personal details that are necessary to create your account and offer you our Services. Some of these fields are marked as compulsory. If you do not provide us with information which is marked as compulsory we may be unable to provide the Services to you. Additional personal details may voluntarily be provided by you, which will enable us to provide full-featured Services and a higher degree of customization.
  • When you use our Services, either if you previously signed up for them or not, we will collect and process personal information regarding your use of such Services to improve your overall experience. You may limit the amount of information we collect by setting your privacy preferences in our Services, modifying the settings of your device or browser, or through the way you use our Services.

2.1 Personal Information

2.1.1 Personal Details

This is information you give us which personally identifies you, such as your name, email address, telephone number, date of birth or home address. Your personal details will be processed for the following purposes:

  • To verify your identity and assist with the identification of users:
    • For example, your email address acts as your username to sign into your BackThen account and access BackThen Services.
    • Your mobile phone number provides one way in which we can verify your identity and make it easier for you to get back into your account if you ever forget your password.
  • To determine the appropriate Services for you:
    • We use your date of birth to determine your age and the Services available to you, as applicable.
  • To send important notices:
    • For example, we ask for your email address so that we can send you a confirmation of your orders.
    • We will also send you communications about purchases or changes to our terms, conditions, and policies.
  • To improve your user experience and the overall quality of our Services:
    • Knowing your basic personal details lets us personalize any communications we send to you.

2.1.2 Personal Relationships

This is personal and family relationship information that you may provide on a voluntary basis, processed for the following purpose:

  • To provide you with more useful information, relevant content and offers, and latest news about products and events:
    • For example, in Services which provide family photo sharing function, we may with your permission send you an offer before your child's birthday to print a photo book of moments from the last year.
  • To improve your user experience and the overall quality of our Services:
    • For example, in Services which provide family photo sharing function, we may ask for your child's name or nickname to help you organize your pictures.

2.2 Information about your activities

2.2.1 Browsing Behaviour, Device Information and Interactions

This entails recording details of your actions (repeated site visits, interactions, keywords, online content production, etc.) when you access and use our Services so that we can build a customer ‘picture’ over time. It also includes information about the devices and methods you use to interact with BackThen Services and content.

We combine behavioral information (such as your browsing activity) with your personal details, but we will not store any personal details related to fields left blank by you during your sign-up process. When the use of information which personally identifies you is not necessary to achieve the purposes set out in this section, we will only process behavioral information on an aggregate basis.

We capture information about your Operating System and Internet Browser when you visit a BackThen website or use our Services, including information that is automatically logged when you use our Services (e.g., requested information, timestamp, IP address). Where required by applicable laws, prior to the storage or caching (temporary storage) of or access to data on your device, we will obtain your consent after providing you with clear and comprehensive information about the purposes of the processing of your personal information.

We will process your behavioral, device and interactions information for the following purposes:

  • To provide, maintain, protect and improve products and Services, and to develop new ones:
    • For example, information about how you browse our websites or search for products can be used for data analysis and research, to deliver better user journeys, provide more relevant search results or structure the way the information is shown in our Services.
    • When you install a BackThen mobile app, a unique application number along with information about your device is sent to BackThen, making it easier for BackThen to maintain its apps and Services and offer automatic updates.
  • To improve your user experience and the overall quality of our Services:
    • Your activity such as the pages you visit or the items you view teaches us what you find important and most interesting to you on our Services so that we can tailor your experience around what matters to you most and display personalized content.
    • Device and platform identifiers let us know which device you are using to access our Services in order to customize and optimize them to your device and improve your overall user experience (e.g., providing more relevant content and advertising on the device or browser you are using).
    • Storing data locally on your device allows us to improve things like website performance and loading of content even when you are offline.
  • With your permission, to provide you with marketing communications, for example, more relevant content and offers, and latest news about products and events which we think will be of interest to you:
    • For example, following a link to a tutorial from a marketing email, or following BackThen or Huply on Facebook or Twitter.
    • Understanding how and where you interact with BackThen means we can provide you with more personalized and helpful information through your preferred communication channels.
  • To protect our users and BackThen:
    • We can monitor unusual or suspicious activities on our Services, such as automated abuse, so that we can address it quickly and inform you about potentially fraudulent activities affecting your account.
    • We might also use your personal information for internal auditing, in order to comply with applicable legal requirements.

2.3 Files and other content

2.3.1 Files

This category includes images that you upload to BackThen Services, and their relevant descriptions and metadata, some of which may include personal information. We will use this information for the following purposes:

  • To improve your user experience and the overall quality of our Services:
    • With computer vision and analysis of photo metadata, we can help you more easily organize and enjoy your collection of photos on our online photo storage services.
    • We do not conduct any human/manual processing of your content.
  • To provide customers with more useful information, more relevant content and offers, and latest news about products and events:
    • Understanding the type of photos you like to take means we can provide you with more personalized and helpful information, such as expert hints and tips, learning resources, or details about relevant training courses.

2.3.2 Community Chatter/Comments/Forum Posts

This section comprises any content submitted by you through BackThen's online channels and forums, which is processed for the following purposes:

  • To help solve any issues you might have:
    • We scan through forum activity for keywords to identify users experiencing difficulties with our products and pro-actively support them.
  • To protect our users and BackThen:
    • We moderate although we have no obligation to delete the items posted on BackThen forums, in order to detect any inappropriate content.
    • We can monitor any unusual or suspicious activity on our Services to detect and avoid hijacking of your account.

2.4 Information we receive from third parties

When you use social login, we retrieve basic profile information from your chosen social identity provider for the following purposes:

  • To verify your identity and assist with the identification of users:
    • If you sign up to our Services using a social media site, we receive basic profile information like your name, age range and country of residence.
  • To provide, maintain, protect and improve products and Services, and to develop new ones:
    • We may use social network identifiers if you are automatically syncing content from that site, such as adding photos to online photo storage services from Facebook.

2.5 Settings and Preferences

Certain BackThen Services allow you to specify your personal preferences (e.g., preferred language). Users may also specify their privacy preferences with regards to things like receiving marketing communications.

  • We use this information to improve your user experience and the overall quality of our Services:
  • Knowing your country and language allows us to display our Services in your local language, time zone and regional formats.

2.6 Location Information

We gather your location data, including real-time geographic location, where you have expressly authorized us in accordance with your privacy settings of your BackThen account, installed apps, browsers and devices. We use Location Information for the following purposes:

  • To improve your user experience and the overall quality of our Services:
    • We can use any geographic information contained within your photos to help you catalogue your images by location.
  • With your permission, to provide you with more useful information, more relevant content and offers, and latest news about products and events:
    • We can serve you with content which is relevant to your current location.
  • To verify your identity and assist with the identification of users:
    • For example, BackThen verifies your IP address in some territories during the sign-up process to ensure that you are willing to sign up for our Services and to mitigate the risks of identity theft.
    • We do not use your location information to record your private activity for purposes other than those set in this section.
    • We do not share location information with third parties nor sell it to anyone.

2.7 Purchase Information

This comprises information about goods and services you buy through BackThen Services, for the following purposes:

  • To provide, maintain, protect and improve products and services, and to develop new ones:
    • We use your purchase information in order to complete and fulfil any orders you place through the BackThen Services.
    • We customize our Services according to your purchase history.
  • To send important notices, such as communications about purchases or changes to our terms, conditions, and policies:
    • We use your purchase information to ensure we send you an accurate order confirmation email.

2.8 Payment Information

We will not process or store your bank or credit/debit card details used when purchasing goods and services through BackThen Services. Payments for purchases will be completed through third-party payment platforms. Your banking details will not be shared with BackThen.

2.9 Cookies and other technologies

Cookies and similar technologies (e.g., web beacons) are small pieces of information used to store technical and/or personal details, identify users of a service and enable certain functionalities. To learn more about the cookies used by our Services and how to reject them, please visit the Cookie Policy applicable to each of the Services, which can be accessed through the homepage of our websites or the relevant section of our apps.

3. Legal Basis for using your personal information

BackThen will only process your personal information where we have a legal basis to do so.

The legal basis will depend on the purposes for which we have collected and use your personal information. In almost every case the legal basis will be one of the following:

  • Performance of a contract with you: where you have ordered or requested products or Services from us and we need to use your contact details and payment information in order to process your order and deliver the products or Services to you.
  • Consent: for example, where you have indicated you would like to receive marketing and offers from BackThen, or where you have provided information to us voluntarily in order to enter a competition. You can withdraw your consent at any time, however, the means by which you may do so may vary from country to country.
  • The legitimate business interests of BackThen: where it is necessary for BackThen to understand our customers, promote our goods, products and Services and operate effectively as a multinational manufacturer of imaging and photography products. For more information see section 3.1 below.
  • Compliance with law: where BackThen is subject to a legal obligation and needs to use your personal information in order to comply with that obligation.

3.1 Our Legitimate Interests

The legitimate business interests of BackThen referred to above include: where it is necessary for BackThen to understand our customers in sufficient detail so we can create and publicise new products and Services, and offer our customers a better experience. For example, we perform analytics on this legal basis as they are necessary to provide you with a tailored experience and so that we can improve, maintain and manage our products and Services in a way which meets your expectations as a customer.

4. How we share your information

Except as set out in this policy or where you have provided your consent, the personal information processed when you use our Services will not be shared with or disclosed to other individuals or businesses, for their own use, other than BackThen.

For example, we may disclose your personal information to the following third parties for the purposes described here:

  • Vendors or other subcontractors with whom we have a business relationship and who provide products and services to us so that we can provide our Services to you (such as warehousing and delivery, software development, website hosting and management);

  • Third party service providers which carry out marketing campaigns or run customer surveys on our behalf;
  • Payment processing companies, credit reference agencies and anti-fraud screening service providers in order to process payments and (where necessary) to carry out fraud-screening;

  • With our professional and legal advisers for the purposes of obtaining commercial, financial or legal advice;

  • In the event that we sell any business assets, personal information may be disclosed to a potential buyer. In these circumstances, we will make reasonable attempts to ensure the buyer will be bound by the terms of this Privacy Policy;

  • In exceptional circumstances, personal information may be shared with third parties, such as the police and regulatory authorities, to protect our rights, property, or the safety of our customers, staff and assets;

  • We may also disclose your personal information if it is necessary to comply with a legal obligation in any jurisdiction, including where that obligation arises as a result of a voluntary act or decision by us (e.g., our decision to operate in a country or a related decision).

5. How we protect your information

Your personal information is held on secure servers and is not processed for any purposes other than those set out in this Privacy Policy. The servers BackThen uses to store this information are accessible to authorized staff only and BackThen ensures that adequate security measures are in place.

Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us at the contact details below.

We use vendors and service providers based around the world. Consequently, your personal information may be processed in countries outside of the country where you live, including if you live in the European Economic Area, and such countries may include some where you may have fewer legal rights in respect of your personal information than you do under local law. If we transfer personal information outside to a country that provides a lower standard of legal protection for your personal information, we will ensure that your privacy rights are adequately protected by appropriate safeguards, for example, through the use of the EU’s standard contractual clauses if your personal information is transferred from inside the European Economic Area to outside. Please contact us if you would like more information about these safeguards.

6. Intended Age

Our Services are only available to those who are the age of majority in the jurisdiction in which they reside. Access and use of our Services by anyone under the age of majority is only permitted with the express permission of a parent or legal guardian.

7. Marketing Communications

If you provided your consent when signing up to our Services, or at a later stage, BackThen will use your personal information for marketing purposes and to inform you about other products and services, which BackThen thinks might be of interest for you. You can specify whether you wish to receive such information by ticking the appropriate box in your registration form.

You will be able to opt out from receiving such information at any time by editing your emailing preferences of your account or by unsubscribing using a link provided in all applicable communications. If you unsubscribe from marketing, please note we may still contact you with service messages from time to time (for example, to confirm an order you have made or to confirm delivery details).

8. How to exercise your rights

In certain jurisdictions you have the right to access, correct, update, restrict, receive a machine-readable copy of your personal information or delete your data as well as any other right applicable in your jurisdiction. You can request to exercise these rights by accessing your BackThen account, clicking on the link provided in our communication emails, or accessing the relevant section of the BackThen websites or apps or by contacting us using the contact details set out at the end of this Policy.

In order to delete your data, you need to sign into the BackThen websites and delete your account. Note that after the deletion of your personal information, it cannot be recovered by you and any data and content stored on the Services will also be permanently deleted. We will also delete your personal information once it is no longer necessary for the purposes for which it was originally collected. Please note that we will not delete your personal information where it relates to an active relationship or a product or service explicitly requested by you (e.g., a recent purchase made at a BackThen Service).

You also have the right to object to your personal information being used for certain purposes, including to send you marketing. See 'Marketing Communications' above, for more details of how to opt-out of marketing.

We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we are not able to comply with your request. To make any requests regarding your personal information, or if you have any questions or concerns regarding your personal information, you should contact us using the details below. You are also entitled to contact your local data protection authority.

9. Retention of your information

BackThen will keep your personal information for as long as we need it for the purposes set out in section [2] of this Privacy Policy and in accordance with any retention periods required by applicable laws and during the relevant statutes of limitations. This term should typically not exceed 5 years in most jurisdictions. For example, where you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing, tax and warranty purposes. We may also keep a record of correspondence with you (for example if you have made a complaint about a product or our Services) for as long as is necessary to protect us from a legal claim. Where we no longer have a need to keep your personal information, we will delete it. Please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.

10. Your commitments

By signing in to any of our Services and accepting this Privacy Policy, you confirm that you are above the age applicable in your jurisdiction for engaging in contracts. You also confirm that you have previously gathered any necessary parental/guardian consent required in your country of residence, where applicable. We will contact you at any time in order to check the above and reserve the right to suspend or delete your BackThen account in case you cannot prove this.

You guarantee the quality of the information provided in our Services. All personal information you send to BackThen must be real, accurate and kept up to date. You take full responsibility that your information is accurate, updated and that it complies with this principle. You also guarantee that you have gathered the explicit consent from anyone holding any personal image, intellectual property or other rights over your content, authorizing you to upload and store it in our Services.

11. Changes to this Privacy Policy

We will update our Privacy Policy from time to time to ensure you are promptly informed of BackThen's data processing activities. We will not engage in any processing operations that might put in risk your personal information, and will gather your explicit consent where necessary to safeguard your right to privacy and where required to do so under the law of your local jurisdiction. We will keep you updated on any changes to this Privacy Policy through the Services. We will also use any of the communication methods provided by you to inform you on important changes to this Privacy Policy. If you continue using our Services after having been unequivocally informed on the updated Privacy Policy, you agree to be bound by the updated terms.

12. Contacting BackThen

Please contact BackThen with any questions or comments about this Privacy Policy at the following website:

https://support.backthen.app

Definition of BackThen

BackThen shall mean Back Then Digital Limited, registered in the UK at Highland House, 165 The Broadway, Wimbledon, London, SW19 1NE (Company registration number: 12524862, Contact address: support@backthen.app)

To contact the Data Protection Officer please email dpo@backthen.app;

We hope that BackThen will be able to resolve any concerns you may have. However, if you are still not satisfied, you may complain to your local data protection authority.

Last modified: 2022-09-01

Version: 6