Terms & Privacy
Last Revised: 11th April 2018
Who we are
Our company – pixevety Pty Ltd
www.pixevety.com is owned and operated by pixevety Pty Ltd (ACN 160 684 677), an Australian private company based in New South Wales.
Our product – pixevety
pixevety is a cloud-based image storage, management and sharing platform. Created with user privacy in mind, pixevety is a secure permission-based product designed for those who prefer to have control over what happens to their images.
The types of personal information we hold and how we use it
We hold personal information about Account Holders and their invited Users (Users) – which may include individuals who have their own user accounts with pixevety and/ or individuals who attend an organisation that has an account with pixevety.
The personal information we collect is:
- Contact details
- Other personal information you provide to pixevety (or its contracted service providers) during the course of using the pixevety platform, or where you request pixevety to provide additional services
- Images within User galleries – e.g. digital photo or video
- Key metadata relating to images – e.g. name or location of person featured in an image
- Account-related information – e.g. payment history
We may collect this information from directly from you, via our contracted service providers, or from another User who uploads your images to the pixevety Platform. We will collect key metadata relating to images from our third-party suppliers.
It is the nature of the pixevety platform that personal information in the form of images must be provided to get full use out of the platform. If you choose not to provide any images, you may wish to consider whether use of the pixevety platform is appropriate for you.
We will use any personal information that you upload to the Platform to:
- verify your identity and other details that you provide to us
- establish and maintain your relationship with us
- provide the services you have requested from us
- make our services more valuable to you
- answer any inquiry you make
We may also disclose your personal information to third parties who work with us in our business, such as:
- geolocation, facial recognition and meta tag service providers
- other contracted service providers as set out in more detail below
- service providers who monitor and analyse website activity, provide technical and organisational services or assist in marketing and administration
- consultants and professional advisers
We will not use or disclose your personal information for any other purpose without first seeking your consent, or where authorised or required by law.
If pixevety or its assets are acquired, or if pixevety goes through some other change of control, we may transfer your personal information to a third party acquirer.
By using pixevety, you are agreeing to the collection and handling of your personal information for the purpose of accessing pixevety’s platform and services.
The use, sharing and other activities involving the images you upload to pixevety is entirely consent driven – pixevety will only do with your images what you allow or agree to within the platform’s privacy settings. You can set controls on how other Users can access the images you make available on the pixevety Platform, please see our Terms for additional information.
Collecting sensitive personal information
pixevety collects and manages images – including photos and videos – of individuals.
Images may be considered “sensitive personal information” if they include information that identifies sensitive details about a person, such as the person’s religion, sexual orientation or political affiliation. For example, an image may be “sensitive personal information” if It includes a person wearing clothing, adornments or accessories usually attributed to a particular religion.
When using the pixevety platform, Users understand and agree to the collection of their personal information – which may include sensitive information.
Personal information of other people
Where organisations are uploading images to pixevety on behalf of one or more Users, the gallery member consent process may assist in this regard.
Personal information of children under age 16
Where organisations are uploading images to pixevety on behalf of children under age 16 (e.g. schools or sporting clubs), the gallery member consent process may assist in this regard.
As set out in our Terms, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to create an account or otherwise use the pixevety platform. If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us using the contact details below.
Contracted service providers
pixevety uses contracted service providers to securely store personal information and to manage or enhance the functionality of the pixevety platform.
Secure data storage
pixevety holds and secures personal information within local (Australian) data-centres and back-up sites. Personal information is not transferred or managed off-shore, except where requested or allowed by a User with regard to the limited functionalities explained below.
pixevety uses a local (Australian) secure payment provider for any of pixevety’s fee-for-service transactions – e.g. subscriptions and add-ons.
pixevety may use an off-shore or cloud-based service provider to supply a specific service or functionality where requested or allowed by a User – e.g. help-desk support.
pixevety uses service providers, located in the United States of America (USA), to provide the following functionalities:
- Log User-initiated communications that are received by phone, email or live-chat
- Help-desk support
- Image recognition and tagging
Where service providers are engaged by pixevety to provide a service, they are not permitted to handle (manage, use, disclose or retain) personal information in any way other than as expressly required to provide the service. Further information about our contracted service providers can be found in the FAQs on our website. Our service providers may record communications received by them by phone.
pixevety’s additional services to you
Where you provide any information to pixevety to enable pixevety to provide services to you (for example sending communications on your behalf about the pixevety platform or services to your school, community, sports, or other members or groups):
- pixevety will:
- only use that information for the sole purpose of providing the requested services to you;
- not access that information without your prior written consent; and
- either permanently delete, or return to you, any information that you provide to us in relation to our provision of those services after we have provided those services; and
- or your licensors own such information;
- control that information at all times and can access, change, modify, edit, retrieve that information (or request us in writing to do so on your behalf);
- can specify who else may access that information and for what purposes;
- can specify reasonable security requirements relating to such information (with which we will comply); and
- must ensure that you have the consent of the third party to send communications to them.
Third-party service providers
In accordance with the Terms, pixevety Users may have the option to link to a number of third-party service providers from the pixevety platform – e.g., to arrange secure printing of their favourite images.
pixevety has not vetted the personal information handling practices of third-party service providers that may be accessible via the pixevety platform. It is the responsibility of Users to familiarise themselves with the privacy policies of any third party service providers to which they may link.
Our FAQs provide additional information about some of the services that you may choose to link to from the pixevety platform.
pixevety may use personal information that is provided to us to send direct marketing to you from us. We will not provide your personal information to third parties for marketing purposes unless you specifically request us to. The direct marketing may relate to our existing services and new developments we believe may be of interest to you.
You may opt-out of receiving this direct marketing through the unsubscribe function that will be made available to you with each direct marketing communication.
Third party service providers are permitted to attract pixevety Users by placing advertising banners or links on the pixevety website.
Third-party service providers do not have any other form of access to pixevety Users via the pixevety platform, nor does pixevety disclose (or sell) the personal information of its Users to such providers.
Our policy commitment
We are committed to ongoing best practice in the handling of personal information by following the privacy principles set out below (unless we are authorised or required by law to depart from them).
At pixevety, we take privacy seriously. If you have a question about our personal information handling practices or a complaint about a breach of privacy made by pixevety, please contact us. We will endeavour to contact you about your matter within 30 days.
pixevety Pty Ltd
PO Box 7056
Brookvale, NSW, 2100
The principles we adhere to
The pixevety platform has been designed to reflect the following privacy principles. pixevety Users should additionally consult the pixevety Terms and Conditions for parameters relating to collection, security, accuracy, use and disclosure of their personal information.
Limiting our collections
We will only collect personal information if:
- it is for a lawful purpose that is directly related to one of our functions, and
- it is reasonably necessary for us to have the information.
How we will collect personal information
We will collect personal information directly from the individual concerned unless it is unreasonable or impractical to do so. In addition:
- We will not collect personal information by unlawful means
- We will not collect personal information that is intrusive or excessive
- We will take reasonable steps to ensure that the personal information we collect is relevant, accurate, up-to-date and complete
When collecting personal information, we will take reasonable steps to inform individuals:
- what part of pixevety Pty Ltd will hold and/or have access to their personal information
- what it will be used for
- what other types of organisations (if any) routinely receive this type of personal information from us
- how the individual can access their personal information held by us
- whether the collection is required by law
- what the consequences will be for the person if they do not provide the information to us
Reasonable steps include providing explanatory pop-up windows within the pixevety platform and in-text links to the FAQs on our website. For example, if you decide to turn on pixevety’s auto-tagging function to enhance how you organise or search for your images, you will see a pop-up window before you turn the function on that explains auto-tagging and how it works.
Additionally, we will enable anyone to know, upon request,
- whether we are likely to hold their personal information, and if so:
- what type/s of personal information we hold about them
- the purposes for which it is used
- how they can access their own personal information
We will take reasonable security measures to protect personal information from loss, unauthorised access, use, modification or disclosure. For example, you can only access the pixevety platform once you have created an account and set up your own password. Please see our Terms for additional information in relation to security of any images you upload to the pixevety platform.
We will take reasonable steps to ensure personal information is stored securely, not kept longer than necessary after you cease to use the pixevety platform, and disposed of appropriately.
The internet is not a secure method of transmitting information. Accordingly, we cannot and do not accept responsibility for the security of information you send to or receive from us over the internet, or for any unauthorised access or use of that information.
Our ability to prevent, detect and deal effectively with data breach events is an essential part of your trust relationship with us. It is also part of our larger obligation to secure personal information.
A data breach is the unauthorised access, disclosure and/ or loss of personal information. A data breach can occur during a malicious event (e.g. hacking of account holder information), as a result of human error (e.g. accidentally emailing an incorrect person) or as a result of events beyond our control (e.g. a natural disaster event destroying a data storage facility). A notifiable data breach (NDB) is a data breach which a reasonable person would believe is likely to cause serious harm to the affected individual.
Australian privacy law imposes obligations on some organisations to assess, address and (where required) notify the regulator and affected individuals of the NDB. Our internal policies and procedures are consistent with the requirements of the NDB scheme. This includes ensuring that our subcontractors and any third party service providers have adequate data protection systems and processes in place.
If a data breach is suspected in relation to personal information pixevety administers on behalf of an enterprise account holder, our contractual agreement provides that pixevety will assist, and cooperate with, the account holder to identify, assess, and (where required) report the NDB to the regulator and affected parties.
Access and amendment
We support the right of individuals to access their own personal information without unreasonable expense or delay. At your request, we will provide you with a copy of any personal information that we hold about you. In some cases, there may be exceptions to this, but we will always provide an explanation.
Our process for requesting your own personal information is straightforward. Simply go to your My Account page and click the Request my personal information link. You will be asked to verify your identity before your request is processed. We may charge a fee for retrieving your personal information, in which case we will inform you of the fee and obtain your agreement to that fee before providing the information.
If you are unable to use our online process, please contact us at email@example.com to discuss your options.
We will allow individuals to update, correct or amend their personal information where necessary, to ensure it is accurate, relevant, up-to-date, complete or not misleading
Before using or disclosing personal information, we will take appropriate steps to ensure that the information is relevant, accurate, up-to-date, complete, and not misleading
Use and disclosure
We will use or disclose personal information only for the primary purpose for which it was collected unless one of these apply:
- the individual has consented
- it is for a directly related secondary purpose within the reasonable expectations of the individual
- it is otherwise required or permitted by law
Given the nature of pixevety, it is not practical for us to provide anonymous services.
How does pixevety work?
Individual account holders set up an account in pixevety in accordance with the Terms. The User may then establish, confirm or update their privacy settings (permissions) relating to access, use and publication/ sharing of the images in their own gallery.
Organisational account holders set up an account in pixevety in accordance with the Terms. They can choose to manage a gallery containing the images of multiple individuals in accordance with the gallery member consent (permissions) received from each individual. Consent may be received by an organisational account holder via completing pixevety’s gallery member consent form online, or by downloading and completing the form long-hand. Where a person chooses to complete the gallery member consent online, that person is registered as a pixevety User in their own right and can control their permissions relating to access, use and publication/ sharing of their images in real-time.
Who can see my images in pixevety?
Each User (whether they are an organisational or individual account holder) has the ability to add other approved users to their gallery and to give them different roles and permissions. Roles include:
- Gallery Administrator
- Gallery Manager
Users also have the ability to add “members” so that images of those members can be managed within the User’s gallery – e.g.
- a newly-wed adds their spouse and bridal party,
- an individual person adds their family and/ or friends,
- a school adds student members, or
- a sporting club adds its athletes.
If an organisational account holder adds members, the gallery member consent process is available to be activated should the organisation wish to ensure that all individuals with images in the gallery are able to choose what happens to those images.
pixevety Users can invite each other to link to a gallery, a folder or an album. Privacy settings in that gallery can be set overall, or at an album, folder or image level.
What is gallery member consent?
A key way in which organisations ensure they are managing images (and other personal information) in accordance with a person’s wishes is to collect consent.
Organisational account holders have the ability to use pixevety’s gallery member consent process to obtain and manage permissions from individuals regarding how the organisation may access, use or publish/ share photos of that individual.
The gallery member consent process allows parents and/ or legal guardians to provide permissions on behalf of a minor child or another person for whom they have legal responsibility.
Anyone who provides their permission to an organisational account holder via the gallery member consent process has the ability to change their permissions at any time. They can do this themselves via their own pixevety account OR ask the organisation to do it on their behalf (if they do not have/ choose not to have their own pixevety account)
For more information about privacy at pixevety, please email us at firstname.lastname@example.org