Privacy Policy

Last modified: June 7^th, 2021

 

Welcome to our Privacy Policy.

Miami Image Society LLC respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of your current location) and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format, so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

•           Important Information and Who We Are
•           The Data We Collect About You
•           How Is Your Personal Data Collected
•           How We Use Your Personal Data
•           Disclosures of Your Personal Data
•           International Transfers
•           Data Security
•           Data Retention
•           Do Not Track Policy
•           Your Privacy Rights
•           Your Legal Rights
•           Glossary

 

1.Important Information and Who We Are

Purpose of this Privacy policy

This privacy policy aims to give you information on how Miami Image Society LLC collects and processes your personal data through your use of this website, including any data you may provide through this website when you register with our website or purchase a subscription.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions, when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.  

Controller

Miami Image Society LLC is the controller and responsible for your personal data (collectively referred to as “Unlok,” “we,” “us,” or “our” in this privacy policy).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact Details

Our full details are:

Full name of legal entity: Miami Image Society LLC

Name or title of data privacy manager: Chief Information Officer

Email address: [email protected]

Postal address: 333 SE 2nd Avenue Suite 2000 Miami, FL, USA, 33131

If you reside in the UK, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

If you reside within the EEA, you have the right to make a complaint at any time to the appropriate supervisory authority for your country of residence. See http://ec.europa.eu for these details.

If you reside outside the EEA, we will apply your legal rights as applicable to the data laws in the jurisdiction you are in.

We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us in the first instance ([email protected])

Changes to the Privacy policy and Your Duty to Inform Us of Changes

The data protection law in the European Union changes on May 25, 2018. Although this privacy policy states most of your rights under the new laws, we may not yet be able to respond to some of your requests (for example, a request for erasure) until May 2018 as we are still working towards getting our systems ready for some of these changes.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes throughout the time you are using our website.

Third-Party Links

This website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share your data. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2.The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:

•           Identity Data includes first name, last name, stage name, username or similar identifier, third-party social media account login information, tax identification number, government-issued identification number, date of birth, and gender.
•           Contact Data includes billing address, email address, and telephone numbers.
•           Financial Data includes bank account and payment card details.
•           Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
•           Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone settings and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
•           Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
•           Usage Data includes information about how you use our website, products, and services.
•           Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data, so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

If You Fail to Provide Personal Data

Where we need to collect personal data by law, or under the terms and conditions of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.

3.How Is Your Personal Data Collected?

We use different methods to collect data from and about you, including through:

•           Direct interactions. You may give us your Identity, Contact, and Financial Data by filling in forms or by corresponding with us by post, email, or otherwise. This includes personal data you provide when you:
  •           apply for our products or services;
  •           create an account on our website;
  •           subscribe to our service;
  •           request marketing to be sent to you;
  •           enter a competition, promotion, or survey; or
  •           give us some feedback.
•           Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
  •           Technical Data from the following parties:
    •           analytics providers such as Google based outside the EU;
    •           payment processors such as Epoch Billing Provider based inside and outside the EU;
    •           affiliates based inside and outside the EU; and
    •           search information providers such as Google based outside the EU.
    •           Contact, Financial, and Transaction Data from providers of technical, payment, and delivery services such as Epoch Billing Provider based inside and outside the EU.
    •           Contact, Technical, and Profile Data from third-party social media platforms such as Facebook® and Twitter® based outside the EU.
    •           Identity and Contact Data from data brokers or aggregators based inside and outside the EU.
    •           Identity and Contract Data from publicly available sources based inside and outside the EU.
•           User contributions. You also may provide information for us to publish or display (“post”) on public website areas or transmit to other website users or third parties (collectively, “user contributions”). You submit user contributions for posting and transmission to others at your own risk. Although you may set certain privacy settings for user contributions by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of any website users with whom you choose to share your user contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your user contributions.

 

4.How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

•           Where we need to perform the contract we are about to enter into or have entered into with you.
•           Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
•           Where we need to comply with a legal or regulatory obligation.

 

Visit the Glossary to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us at [email protected] Purposes for Which We Will Use Your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at [email protected] if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional Offers from Us

We may use your Identity, Contact, Technical, Usage, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-Party Marketing

We will get your express opt-in consent before we share your personal data with any company outside the Miami Image Society LLC group of companies for marketing purposes.

Opting Out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time at [email protected] Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase or registration, service experience, or other transactions.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at [email protected]

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5.Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below for the purposes stated in the table in paragraph 4 above.

•           External Third Parties as set out in the Glossary.
•           Specific third parties such as VikingHost B.V., Epoch Billing Provider, Google, Facebook, and Twitter.
•           Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6.International Transfers

We are based in the Miami Beach, Florida, but our servers are located in the Netherlands. We may process, store, and transfer personal data we collect, in and to a country outside your own, with different privacy laws that may or may not be comprehensive as your own.

By submitting your personal data or engaging with the website or our application, you consent to this transfer, storing, or processing.

If you reside in the European Economic Area (EEA), please note that our and external third parties processing /of/ your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that the recipient third party agrees to contractual clauses.

Please contact us at [email protected] if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7.Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business and need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8.Data Retention

How Long Will You Use My Personal Data For?

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

We have to keep basic information about our customers by law, (including Contact, Identity, Financial, and Transaction Data) for six years after they cease being customers for tax purposes

In some circumstances (depending on where you reside) you can ask us to delete your personal data: see “Request erasure below for further information.”

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9.Do Not Track Policy

Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect and that is why we provide you the ability to opt out. But we do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com.

 

10.Your Legal Rights

Under certain circumstances (and depending on where you reside), you have rights under data protection laws in relation to your personal data. Your rights may include the following:

•           Request access to your personal data.
•           Request correction of your personal data.
•           Request erasure of your personal data.
•           Object to processing of your personal data.
•           Request restriction of processing your personal data.
•           Request transfer of your personal data.
•           Right to withdraw consent.

 

If you wish to exercise any of the rights set out above, please contact us at [email protected].

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What We May Need from You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

11.Glossary

Lawful Basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at [email protected]

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Third Parties

External Third Parties

•           Service providers acting as processors based in the EU who provide IT and system administration services.
•           Service providers acting as processors based in the EU and in the United States who pay money owed to you under any agreement between you and Unlok.
•           Professional advisors including lawyers and accountants based in the United States who provide consultancy, legal, and accounting services.
•           Business partners who want to market their products or services to you if you have not opted out of these disclosures.
•           Any other business partners, suppliers, service providers, subcontractors, or other third parties that we use to support our business (such as analytics and search engine providers that assist us with website improvements and optimizations). For example, we use Google Analytics to help us understand how our customers use the website (you can read more about how Google uses your personal data here: https://policies.google.com/privacy). You can also optout of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 

Your Legal Rights

Depending on the country you reside in, you may have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Information we get when you use our services

When you use our services, we collect information about the content you have viewed or shared.
  

•           Usage information. We collect information about content that Fans have accessed. We may highlight to that user similar content;
•           Content information. We collect content you create on our services, such as custom stickers, photos, videos, text and information about the content you create or provide, such as if the recipient has viewed the content and the metadata that is provided with the content.
•           Device information. We collect IP addresses or other identification data from and about the devices you use. For example, we collect: information about your hardware and software, such as the hardware model, operating system version, device memory, advertising identifiers, unique application identifiers, apps installed, unique device identifiers, browser type, language, battery level and time zone;
•           Location information. When you use our services, we may collect information about your location. With your consent, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points and other sensors such as gyroscopes, accelerometers and compasses.
•           Information collected by cookies and other technologies. Like most online services we use cookies. The cookies we use are the usual analytics and session cookies (For your information: most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our services.)

 Log information. We also collect log information when you use our website. That information includes:
  

•           1. details about how you have used our services;
•           2. device information, such as your web browser type and language;
•           3. access times;
•           4. pages viewed;
•           5. IP address;
•           6. identifiers associated with cookies or other technologies that may uniquely identify your device or browser.