PicYourMoment/ ROOMforthought is a trade name of PicYourMoment B.V., having its principal place of business at Bosstraat 138, 3971 XJ Driebergen, the Netherlands. PicYourMoment B.V. is registered in the commercial register of the Chamber of Commerce under number 59400080.
1. Who is responsible for your data?
2. What is PicYourMoment/ROOMforthought?
PicYourMoment/ROOMforthought is a free smartphone/tablet application that is aimed at increasing the enjoyment of users in taking photos with their mobile phone/tablet and saving cherished moments ("App"). PicYourMoment/ROOMforthought offers the possibility of taking a photo every day and saving it on PicYourMoments’ server, either in a private folder or to share them via a public folder within the App. It is possible to add location information and a caption to the photo.
3. What information does PicYourMoment/ROOMforthought collect and process?
While using this App PicYourMoment/ ROOMforthought collects and processes data in order to offer full functionality and to manage this process technically. In addition we use part of these collected data to modify and personalize the App. Finally, part of these data will be analyzed and the outcome will be used to improve the App and for promotional, non-commercial purposes.
PicYourMoment/ ROOMforthought endeavours to process as few user details as possible. We process the following data: the unique and anonymous App identifier, your actively uploaded photos, comments and locations, your e-mail address if you order a (preview of) a printed product and a also anonymous backup code which is generated when you connect the App to your Icloud-, Google-, Twitter- or Facebook account.
Wherever possible, the only link that our servers make with the photos, stored by our users, is the code that is unique to the App on your smartphone or tablet. It is possible to add a caption and location information to each photo; this data will be linked to the unique App code on your mobile phone, in addition to date and time. If a user links the App to his/her Icloud-, Google-, Twitter- or Facebook account, the account details will be processed and linked to the unique App code on your device(s) as well. This Icloud-, Google-, Twitter- or Facebook account info will be encrypted during this linking process and therefore cannot be traced back to any user info linked to these accounts.
Promotional, non-commercial purposes PicYourMoment/ROOMforthought is authorised to use any photos, captions, date and location details placed by the users in the public folder of the App for non-commercial purposes and to publish or otherwise process these for this purpose.
5. How long do we store your data.
We will store your personal data for the purposes earlier mentioned for a minimum of 3 months after the last usage of your App. Please note that you always have the option in the App to delete all data from our servers instantly (24hrs) when you wish.
6. Sharing content on social media
7. Which third parties have access to your personal data?
In the execution of its services and other company activities, PicYourMoment/ ROOMforthought could make use of third parties. In the case those third parties should process your personal data while executing their services and activities, they will do this in the capacity of processor for PicYourMoment/ROOMforthought and PicYourMoment/ROOMforthought has taken the technical and organizational measures required to guarantee that your personal data will solely be processed for the purposes as mentioned here above.
PicYourMoment/ROOMforthought can also make use of third parties like Google or Double click to analyze data of your usage of the App and in order to execute personalization and communication in the App.
Only when it is required by law, personal data will be provided by PicYourMoment/ROOMforthought to supervisory authorities, fiscal authorities and investigation authorities. In this context your personal data could be passed on to recipients in countries outside the European Economic Area. In such events PicYourMoment/ROOMforthought will take the appropriate measures reasonably required to ensure your personal data will be properly protected.
8. How do we protect and saveguard your data.
PicYourMoment/ROOMforthought will be extremely careful with your personal data. We have taken various technical and organizational measures to protect your personal data against loss and/or any form of illegal use. Therefore we secure are systems and applications according to the applicable norms and standards for network and information security.
9. Ordering Print Products
10. Questions and requests for access, correction of removal
You can always request access to your personal data collected and processed by PicYourMoment/ROOMforthought and if so desired make changes or remove them by sending a request to email@example.com.
To guarantee the correct use of our PicYourMoment/ROOMforthought application (“App”) we have drawn up a number of conditions (“Conditions”). By using the App, you agree to these Conditions. We request that you read them properly so that you are aware of your rights and obligations. We may revise the Conditions at any time. You can always find the latest Conditions in the App or they will be sent to you via a hyperlink. In any case, you will be advised of any revision. If you use the App after the Conditions have been revised, you thereby agree to the revision.
1. Our service
PicYourMoment/ROOMforthought asks you to take a photo at a random time every day. Optional is one extra photo per day. You can add a caption to this photo and then upload it to your private album and, if you wish, the public album. This allows you to build up a collection of photo moments which, if you wish, you can share with other users. Other users cannot see photos in your private album with the exception of (a) shared private album(s). In the latter case participants will be invited via a personal link by the creator of this shared album, and the username(s) of the participants will be visible in the app. Other users can see photos that you choose to share in the public album. You can always indicate whether a photo is public or private. Your photos are stored on the servers of PicYourMoments’ hosting provider, where they are linked to a code that is unique to the App on your smartphone or tablet. If you also want to store the photos in your devices’ camera roll, you can do this per photo in the App. Also there is an option in the app to erase and delete (a) photo(s) from the App and our server. You can also link PicYourMoment/ROOMforthought to your Icloud, Google, Facebook or Twitter account so that photos taken with the App do not get lost if you lose your device or delete the app by mistake.
2. Rights to photos and other information
If you use the App to take photos and add captions to them, you yourself hold and continue to hold the rights to these photos and captions (“Content”). Your Content remains your Content. If you place your Content in a private folder, PicYourMoment/ ROOMforthought will never use it other than to make it possible to use the App. If you place your Content in the public folder, you also authorise PicYourMoment/ ROOMforthought to use the Content for purposes of non-commercial marketing and promotion of the App itself:
• by placing Content in the App, you grant PicYourMoment/ROOMforthought a free-of-charge, worldwide, irrevocable, sub-licensable and transferrable right of use for any and all use in connection with the operation of the App.
• by placing Content in the public folder you grant PicYourMoment/ROOMforthought a free-of-charge, worldwide, irrevocable, sub-licensable right to use (or to allow third parties to use) the Content (reproduction, distribution and communication to the public) for purposes of marketing and/or promoting the App in any media whatsoever. In this regard you waive all moral rights listed in section 25 of the Dutch Copyright Act (Auteurswet).
3. Secure use
Our intention is that PicYourMoment/ROOMforthought provides a service that makes it more enjoyable for users to photograph cherished moments. To guarantee this positive characteristic of the App, we have drawn up a number of rules:
• it is not permissible to place Content that violates the law or infringes the rights of others or, in PicYourMoments’ opinion, is contrary to standards of decency and good taste.
• the App may not be used for commercial purposes.
• use of the App in a manner that could disrupt its operation is not permitted.
• PicYourMoment is at all times entitled to remove Content if PicYourMoment/ ROOMforthought is of the opinion that such Content is contrary to the above rules, without PicYourMoment/ROOMforthought being obliged to provide any further explanation in this regard.
When you are younger than 16 years you may only provide personal data to PicYourMoment/ROOMforthought after your parent or guardian have read these Conditions and has agreed on your behalf.
5. Notification of unlawful Content
If you find Content in the public folder that, in your opinion, is contrary to the rules for secure use, you can notify PicYourMoment/ROOMforthought of this by using the “flag” function under the photo. PicYourMoment/ROOMforthought may then decide whether or not to remove the Content. At no time is PicYourMoment/ROOMforthought obliged to pro-actively screen the public folder for possible unlawful or infringing Content.
6. Rights of PicYourMoment/ROOMforthought
All intellectual property rights regarding the App as well as the texts, photos and animations (not Content) that are accessible via the App are vested in PicYourMoment/ ROOMforthought.
• Purely for personal, non-commercial purposes, PicYourMoment/ROOMforthought grants you a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferrable right to access and use the App insofar as this is necessary in relation to the App.
• It is not permissible to perform any acts that could infringe PicYourMoments’ intellectual property rights, such as registering domain names, trademarks or Google AdWords that are similar or identical to any item to which PicYourMoment/ROOMforthought has intellectual property rights, downloading, copying, altering, reverse-engineering or communicating the App to the public for any purposes other than those referred to in these Conditions, or to request or re-use substantial parts or to repeatedly and systematically request or re-use non-substantial parts of the App (including the public folder).
8. Free App
PicYourMoment/ROOMforthought endeavours to offer an App of the best quality which provides enjoyment to as many users as possible. PicYourMoment/ROOMforthought does this free of charge. To enable us to continue offering the App free of charge, the following conditions apply:
• PicYourMoment/ROOMforthought does not provide any guarantees about the App. The App might not be (properly) accessible at times. In addition, it might not be safe or function (fully).
• PicYourMoment/ROOMforthought is not liable for any loss of Content. If you wish to manage your own Content, we recommend that you save it locally and/or link your albums to your Facebook or Twitter account.
• Use of the App is at your own risk. You indemnify PicYourMoment/ROOMforthought against any and all damage that arises as a result of your use of the App.
• PicYourMoment/ROOMforthought does not accept any liability for damage to property, financial loss or any other harm or loss connected to the use of the App insofar as this is permitted under mandatory law. In any event, PicYourMoment/ROOMforthought is at no time liable for consequential damage, including purely financial loss, lost sales and profit, loss of data and non-economic damage relating to or arising from the App. The only action that you can take if you are of the opinion that you have sustained damage is to stop using the App and to remove it.
• Insofar as PicYourMoment/ROOMforthought is liable despite the foregoing, its liability will be limited to direct damage up to the sum of EUR 1000 (one thousand Euros).
• This limitation of liability does not apply in the event of intent and/or deliberate recklessness on the part of PicYourMoment/ROOMforthought.
9. Stopping use of the App
• If you wish to stop using the App, you can do so by removing the App from your smartphone or tablet. If before removing the App you first wish to remove all photos taken with the App, you can do this with the ‘Delete me’ option in the app menu. PicYourMoment/ROOMforthought is not obliged to deliver any Content to you in any way before or after you stop using the App.
• If you act contrary to the Conditions, PicYourMoment is entitled to discontinue your use of the App. If PicYourMoment/ROOMforthought has sustained any damage as a result of your actions contrary to the Conditions, PicYourMoment/ROOMforthought may recover that damage from you.
• Dutch law is applicable to these Conditions and the use of the App.
• If a dispute arises between you and PicYourMoment/ROOMforthought, it will be submitted to the competent court in the district of Midden-Nederland (The Netherlands)
• PicYourMoment/ROOMforthought may assign rights and obligations arising from these Conditions to a third party. If this is against your wishes, you can stop using the App by removing it.
Our terms are written in Dutch. Any translated version is provided solely for your convenience. To the extent any translated version of our terms conflicts with the Dutch Version, the Dutch version controls.
Please feel free to contact us if you have any questions.
3971 XJ Driebergen-Rijsenburg
Trade Register number at the Chamber of Commerce: 59400080