Last updated: July 6th, 2017

The SOMA Group, Limited Partnership. (the “Company” or “We/us”) is committed to respecting and protecting your privacy and that of your Users (as defined in the Terms above). This Privacy Policy explains our practices regarding the use of personal data collected and processed through our Platform and Service.

By using PicMate, and in particular by providing your personal information on registration or contacting us for any reason, you explicitly accept this Privacy Policy and You provide us with full consent to the collection, storage and processing of personal data for which you are Responsible in accordance with the terms set out in this policy, including the sending of electronic communications.

We may amend this Privacy Policy as required to adapt it to future legislative or case law developments. We will notify you by posting a clear notice of these changes on our Platform and in this Privacy Policy.

Unless a specific local regulation of mandatory application provides otherwise, the Privacy Policy is governed by the laws of Spain

1. Data collection by the Company through the Services

Registration. On registering for PicMate Services, we will collect the following personal data: name, surname, company/institution, email address and telephone/fax (“Registration Data”). This data is obligatory and if they are not provided, an account cannot be created.

Web-forms. If you submit any webform to us (Contacts, comments), we collect the data indicated in the forms and submitted by you, including name and email address. Required data is indicated. This data is used for processing your request and contacting you for further communication.

Information about your computer. Due to the communications standards on the internet, when you visit our Platform we automatically receive the URL of the site from which you came and the site to which you are going when you leave the site. We also receive the internet protocol (“IP”) address of your computer and the type of web browser you are using. We use this information to analyse overall trends and to help improve the service. This information is not shared with third parties without your permission.

2. Use of Registration Data collected by the Company

General. Registration Data is solely used for the development of our contact with you and for the provision and management of your PicMate account and the Services provided to you (as described in the Terms), to measure and improve those services and features, to provide you with customer support, the sending of any newsletters, notification emails or commercial communications in general about the Services and products and any new features, offers or promotions offered by us, and for compliance with the Terms and other legal communications. Registered users are also sent notification emails about activities the Service. We may process such information on an aggregated non-identifiable basis for establishing user general attributes and profiles and share such information with third parties to help improve or promote our service or offer joint services. We also use non-identifying and aggregate information to better design our website, software and service, and to share with advertisers

Data removal. Through the Platform control panel you may delete all historical data saved. This data will no longer be accessible and will be fully removed from our systems on the next back-up. If you wish to remove all data and your account, please uninstall PicMate from your systems and send us an email (as indicated below), with proof of your identity. Once this is confirmed, we will remove all data immediately from our active systems and within 15 days from backups

Disclosure. We treat your Registration data with strict confidentiality in accordance with applicable law. However we shall disclose any information about you or your use of our Services, in compliance with a legal obligation or in order to correctly deliver our Services or perform other obligations in accordance to the applicable regulations and rules set forth in the Platform Terms, or in the event of a sale of change of control of the Company.

Commercial Communications. By filling in and sending your data to us, you expressly consent to receive electronic commercial communications regarding the subject matter of the Platform and other Services in accordance to applicable law, including alerts, notices, newsletters, offers and promotions. If you do not wish to receive information from this Platform you can expressly opt out by sending a notification to contact@picmate.net.

3. Data processing on users’ behalf: the Company as data processor

In registering for a PicMate Service account and collecting any third party personal data within the context of this account (“Third Party Data”), you shall be the Data Controller and you appoint us as a Data Processor of such data, for the purpose of providing the PicMate Services.

Use of third party data. You may have access to personal data of other persons (in particular, Users of the Devices where the Software is installed). You agree to process and use the data in accordance with these terms and only for the explicit purposes of the Services, or otherwise with the consent of the User or as permitted by applicable law. You will not submit or publish any personal data relating to any individual that has not been authorized by that person or this Policy. You will protect the confidentiality of any accessible personal data and prevent access by any unauthorized third person. You will inform us within 24 hours about any problem arisen in relation with user data management. You will be responsible for any illegal use by you of other person’s data, including any use contrary to the applicable data protection laws and/or in violation this Privacy Policy.

Service Configuration. PicMate Services and Software provide device monitoring and controlling services, as described in the Terms. As part of the same, significant amounts of personal data may be collected and transmitted by the Software to the Platform, including data relating to the Users, URLs that are visited and communications sent by the Users. You are responsible for configuring the monitoring and controlling activities services on dashboard hosted on the Platform, which will determine the data that is processed, and these are your instructions to us to process data from Users. The level and degree of such monitoring is entirely under your control and the Company will not be liable for any such configuration and control carried out by you. All such data will be under your responsibility, with the Company as data processor in accordance with this Section C.

Data Processor Obligations. To the extent that we are such Data Processor, we shall (a) implement appropriate technical and organizational measures to safeguard the Third Party Data against any unauthorized or unlawful access, loss, destruction, theft, use or disclosure; (b) limit access to the Third Party Data only to those employees who need to know it to enable the Processor to perform the Services; (c) only process the personal data as specified by this Policy and in accordance with your instructions, and (d) will not use the Third Party Data for any purposes other than those related to the performance of the Services or pursuant to your written instructions. Upon the expiry or termination of this Agreement by way of de-registration, or upon your request, we will cease any and all use of the Third Party Data and will destroy or return it to you except as provided above with respect to backed-up data and termination. We will not disclose the Third Party Data to any third party without your prior written consent of the Customer.

Subcontracting. As Data Processor we may provide access to any such Third Party Data to a subcontractor processor if we reasonably consider such access and processing necessary to the performance of the Services. In the event of such access and before the access takes place, we shall ensure that an agreement with the third party is in place which is sufficient to require it to treat personal data in accordance with the applicable provisions of this Agreement and applicable, signing for an on your behalf. In particular, you authorise us to subcontract hosting services to Amazon Inc. and support services at ZenDesk.com, both of them in the USA. Further third party subcontractor processors will be notified to you prior to subcontracting.

Warranties. You warrant that

(a) You comply with all applicable legislation with respect to the monitoring and control of equipment and devices used by Users within your organisation.

(b) You are not in any situation described by section B “Prohibitions” in the above Terms.

(c) You have all the appropriate consents from data subjects whose personal data are submitted to us in the course of the provision of the PicMate Service or collected and transmitted to us by the PicMate Software.

You agree to indemnify and keep us harmless from all claims, damages and losses we may suffer relating to or arising out of the processing of User and other third party personal data submitted to our systems during the course of use of PicMate and the provision of the Services.

4. Data Security

We have adopted technical and organizational measures to preserve and protect your personal information from unauthorized use or access and from being altered, lost or misused, taking into account the technological state of art, the features of the information stored and the risks to which information is exposed. We currently implement basic level security measures, as set out in Spanish Royal Decree 1720/2007, for all personal data processed on our Platform.

However, due to the nature of the information and related technology, we cannot ensure or guarantee the security of your personal information and expressly disclaims any such obligation. If we learn of a security breach, then we will attempt to notify You electronically so that You can take appropriate steps.

5. User Rights

You have the right to access, rectify, erase, block and oppose any processing of your personal data that we may have. Moreover, you may at any time withdraw your consent to the processing of your personal data and information. This withdrawal will not have retroactive effects but may prevent providing the Services. The above is without prejudice to provisions of Spanish applicable law enabling conservation of data for the purpose of defending our responsibility and complying with mandatory legal obligations. The aforementioned rights may be effective by contacting us at contact@picmate.net.

We will assist you in accordance with the functionalities of the Platform and the Term of this agreement to attend any User request with regard to the processing of their personal data.

6. Consent

By completing the Platform forms and submitting your personal data, you declare to have read and accepted the terms of this Policy. Without prejudice to the generality of the foregoing, you expressly and unequivocally consent to:

the collection and processing of your personal data by us in accordance with the indicated purposes and this Policy; and

the processing of your data outside the European Economic Area by indicated third party data processor subcontractors (e.g. for the purpose of providing professional services to us such as hosting or database management services);

Your consent to personal data collection and processing may be revoked, without retroactive effects, in accordance to Sections 6 and 11 of Spanish Data Protection Law 15/1999.