The terms of this policy apply to Company’s website: www.motionelements.com (the “Site”), unless different terms are otherwise specified or provided to you.
This Site is operated in Singapore 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.
WHAT PERSONAL INFORMATION WE COLLECT AND RETAIN FROM CUSTOMERS
When 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 an account online with us, we collect the Personal Information you provide to us, including your name, email address, password, company name, job function, industry and software that you are using. 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 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 CONTRIBUTORS
In 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, driving license identification, passport 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.
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 INFORMATION
When you license content from us, we collect your username, password, full name, telephone number, email address and billing address, company name, company title, 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.
As noted below under “Payment Gateways”, payment information such as your credit/debit card or financial account number is provided through a secure tunnel interface directly to a 3rd party payment processor (PayPal, Stripe), and is not accessible to or collected by us.
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.
We 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 [email protected]. We will respond to your request within 60 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.
We may disclose your Personal Information to third-party service providers who perform services on our behalf. For example, we may hire service providers to handle the processing of payments, to provide data storage, processing or management, to host websites or computer servers, to fulfill orders, to send emails / assist in marketing, to conduct audits, etc.
These third-party service providers:
(a) are permitted to obtain only the Personal Information they need to provide the service,
(b) are required by MotionElements to protect Personal Information to the same extent as MotionElements and as required by applicable law, including, if they process Personal Information of persons residing in the EU, the General Data Protection Regulation (GDPR),
(c) are permitted to use such Personal Information only for the purposes for which it is provided to them, and
(d) are prohibited from using it for any other purpose.
When 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.
From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We may do so using either the email or the mailing addresses you provided on the registration or billing information screens. Should you not wish to receive this type of information, you will have the ability to opt out of such communications at any time by clicking on the unsubscribe option available in each email communication. We will not send you information if you inform us that you do not wish to receive such materials. If at any time you believe that MotionElements has not followed the above policy, or if you would like your information to be removed from our system, please e-mail us at [email protected].
SECURITY OF OUR DATA
Whenever 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, our third party payment processors PayPal and Stripe 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.
PAYMENT GATEWAYS AND PROCESSORS
We have arrangements with PayPal and Stripe under which they act as a payment gateway for our customers to finalize and pay for their purchases. You may choose and arrange with the payment gateway to process payments from you to us.
LINKS TO THIRD PARTY SITES
On 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 EMAILS
If you choose to use our referral service to tell a friend about our Site or share favorites with your friend, 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 [email protected] to request that we remove this information from our database.
We 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 [email protected] to have the data removed and terminate the child’s account.
ADDITIONAL POLICY INFORMATION
REVIEWING AND CORRECTING AND UPDATING YOUR PERSONAL INFORMATION
Under the General Data Protection Regulation (GDPR) in the EU, individuals located in certain countries, including the European Economic Area, have the right to receive a copy of, review and/or update your personal information and to correct any of your personal information in our records that is inaccurate.
If you would like to do so, contact us at [email protected].
DELETION OR RESTRICTION OF OUR RIGHT TO STORE OR PROCESS YOUR PERSONAL INFORMATION
Under the GDPR, you have the right to restrict processing of or request deletion of your Personal Information. However this right is not unconditional, and we will continue to retain and use your Personal Information as we determine is necessary for management of continuing contractual rights and obligations, the establishment, exercise or defense of legal rights or claims or protect our or other MotionElements contributors or licensee rights, which would include our need to comply with our contractual and other legal obligations, resolve disputes or claims, and enforce our agreements.
If you have contributed any content to the Site or downloaded or licensed any content from the Site, because your and our contractual obligations and the rights grant by us to our licensees are perpetual and we could be subject to legal claims for many years, in most cases, we would not delete or stop use of your information.
Updated 23 May 2018