lifeshot Privacy policies
lifeshot is very much concerned about the protection of personal data and strictly follows prevailing regulations and standards regarding privacy, especially those, which are required by the Italian Legislative Decree no. 196 from 30.06.2003. The following elucidations give an overview on how lifeshot secures this protection and on what kind of data is used for diverse purposes.
lifeshot is a community build around pictures. Users can only upload a picture from their mobile devices if they are invited via push notification – the upload has to be made within a determined time span. Users can either share lifeshots with the whole lifeshot community or just with a specific group of friends (“public lifeshots” and “secret lifeshots” respectively). Users cannot upload pictures from their own mobile device picture gallery. The platform can be accessed via the website www.lifeshot.eu (called “website”) or via the mobile application. Users can follow other users’ profiles and like or comment on their pictures.
According to the paragraph no. 13 of the Italian Legislative Decree no. 13 from 30.06.2013 the following is disclosed:
1 Personal data
“Personal data” is individual information about the personal and factual circumstances of a specific individual person.
2 Registration, storage and use of personal data
2.1 The submission of personal data, i.e. during the registration process, is necessary to render the use of the lifeshot community possible.
2.2 In this regard lifeshot can register, process and use the following data:
• the name used for registration;
• the e-mail address used for registration;
• the username used for registration;
• the password used for registration;
• if applicable, the profile picture and text;
• any kind of uploaded content (pictures, texts, etc.).
Personal data can be supplemented at any time, i.e. by adding additional contact information such as a mobile phone number.
User can visit the website without the need to provide any personal data. In the case users provide personal data, i.e. during the registration process to join the lifeshot community, lifeshot will register, process and save the data as explained below.
lifeshot uses confirmation e-mails to verify the registration (so called double opt-in). lifeshot will send an e-mail with a confirmation link, which has to be clicked. After the confirmation and until the moment, when the lifeshot community and/or the lifeshot market are no longer used, lifeshot will use the e-mail address provided for all kind of communications. Subject to paragraph 2.5 the user can decide against these communications at any time.
2.4 Use of data
2.4.1 lifeshot uses the registered data, including the user’s personal data, (a) to offer services to users, to personalize and improve the lifeshot services (i.e. by offering individual and geographically relevant contents and marketing messages); (b) to guarantee the technical functionality of lifeshot features, to develop new features and to analyze the usage of the features, including the interactions with other applications, marketing and other available services; (c) to address users regarding lifeshot features via e-mail or messaging; (d) to enable and present features and their content and functionality, such as the exchange of information, the interaction between users, notes, indications and suggestions – and the integration of features provided by third parties; (e) to implement these privacy policies and service conditions and to secure rights, property and security of lifeshot as well as the parts of the website affected by intellectual property rights; and (f) as explained otherwise in this paragraphs.
2.5 After the registration in the lifeshot community and until the moment the user stops using the application, lifeshot can contact its users via push notifications or e-mail for the following purposes:
• A community member likes the picture of a user
• A community member comments on the picture of a user
• A person is following a user’s profile
• A friend has opened a lifeshot account (in case the user has connected its social networks to the lifeshot account)
• Someone has added content to an album
• A community member has mentioned the user in a comment
• A community member has invited the user to join an album
• A community member has tagged the user in an album
• The newsletter presents a selection of the week’s best pictures
Users can always decide to opt against these communications by changing the settings in the menu under the voice „settings“.
By registering in the lifeshot community the user agrees to the transmission of the weekly newsletter by lifeshot. The user can decide to unsubscribe from the newsletter by clicking on the respective link inside the e-mail.
2.7 Ulterior use of personal data requires the explicit consent of lifeshot users. The grant or refusal of the consent is kept as a record. The consent for future use of personal data by lifeshot can be retracted at any time; in this case lifeshot has to be informed via the contact form, as explained below in paragraph 10.3.
2.8 The content of an explicit consent can be accessed at any time via a user’s personal account. Additionally, personal data can always be changed in the settings section (i.e. actualizations, corrections, additions, cancellations or blocks).
2.9 If the lifeshot community and/or the lifeshot market are no longer used by a user, then any personal data will be secured and deleted after the record retention periods regulated by law.
3 Data transfer to third parties
3.1 The user’s personal data will only be transferred to third parties according to the prevailing legal regulations. This means that lifeshot will only pass on personal data only in case there is a request from the public authorities or the court.
4.2 By using cookies lifeshot does not gather any information that can be assigned to a specific individual person.
5 Google Analytics
5.2 In exceptional cases the whole IP address is transmitted to Google servers in the U.S. and abbreviated there. Google uses this information on behalf of lifeshot to analyze the usage of the website, to generate reports about the website’s activity and to provide other services related to the usage of the website.
In the framework of the services offered by Google Analytics the transmitted IP address of users will not be merged with other information gathered by Google.
5.3 Users can make sure that their browser does not save any cookies by adjusting the software respectively. However, they have to reckon that they cannot fully exploit the features of lifeshot. Additionally, users can prevent the registration of data about their website usage (including the IP address) generated by a cookie and the handling by Google.
6 Information about the location
6.1 If a user shares information with other users or if he or she adds a description of his location to the content uploaded onto the lifeshot platform, then lifeshot will handle this data like all other personal data.
6.2 The lifeshot PLC explicitly indicates that in case a user allows GPS localization then his or her location will automatically be indicated on any published picture and can therefore be seen by other users.
7 Connected services
If a user decides to register in the lifeshot community via his or her Facebook, Twitter, etc. account (called “networks”), then lifeshot can record encrypted authorization data or other data that is available in and through the respective network – i.e. name, profile picture, country, home town, e-mail address, date of birth, sex, names of friends and networks. lifeshot will save this data to use it for the purpose explained in paragraph 2.
8 Social plug-ins
8.1 On the lifeshot website there are various social plug-ins (called „plug-ins“) from different social networks in use.
8.2 As soon as a user clicks on the plug-in on the lifeshot website, the browser will connect directly to the server of the corresponding social network. The social network, in turn, transfers the content of the plug-in straight to the browser of the user, embedding it into the website. lifeshot cannot influence the data collection via plug-in through the various social networks; this means, that the information provided by lifeshot is based on current knowledge.
8.3 Through the embedment of the plug-in the social network will be informed that the user has accessed the specific corresponding page of the lifeshot website. If the user has logged on to the respective social network, then he or she can be identified by the social network. In case of an interaction between user and plug-in, i.e. by clicking the “like”, “tweet” or “share” button or by writing a comment, the information will be transferred to the social network, where it will be saved.
8.4 For further information about the purpose and extent of the data recording and its further utilization by social networks, as well as the usage rights and settings related to data protection, one should consult the privacy policies of the correspondent social network.
8.5 If a user is member of a specific social network, but wants to prevent it from recording data regarding his or her utilization of the lifeshot website or does not want the linking of data, then he or she has to sign off his or her social network account before visiting the lifeshot website.
9 User rights / Length of the data usage
9.1 The user is authorized to retract his or her consent for the collection, record and transfer of personal data. Every retraction is only valid for future data records, storage or transfer of personal data.
9.2 Prevailing legal regulations give users the right for information, correction, deletion or block of personal data. Upon request lifeshot provides information about stored data immediately and free of charge. If requested, the information is send electronically. In legally regulated cases lifeshot is obliged to correct, block or delete stored information regarding its users upon request.
9.3 According to paragraph no. 7 of the Italian Legislative Decree no. 196 from 30.06.2003 the user has specific rights, for example the right to get a confirmation from the entitled person about the existence or non-existence of personal data, and the right to get this information in a comprehensible way; the person concerned has the right to gain knowledge about the origin of the data, the purpose and methods of handling, the applied system if the data should be handled electronically, the most important data for the identification of the entitled person and the person or category of people that can receive personal data; furthermore, the entitled person can request the actualization, the correction, the amendment, the cancellation, the anonymization or the block of the data which have been handled illegally; the person concerned has the right to oppose against the handling of data due to legitimate reasons.
10 Data security
10.1 lifeshot takes technical and organizational measures to secure the website and other systems against losses, damages, accesses, changes or the spreading of community user data by non-authorized people.
10.2 Despite frequent controls a complete protection against all sorts of danger is not possible. lifeshot cannot guarantee the security of the data provided, as the transfer of data through the internet is not save.
10.3 The access to a user’s profile within the lifeshot community and/or the lifeshot market is only possible by entering a personal password. Users should always handle their access information with secrecy and close the browser window, as soon as the session with lifeshot has been terminated, especially in case of a shared computer.
10.4 lifeshot saves user data on servers inside the EU.
10.5 lifeshot has its registered office in Italy. The data surveyed by lifeshot underlies prevailing Italian law and EU regulations.
11 Changes of the privacy policies
11.1 lifeshot reserves its right to change the privacy policies at any time, respecting however the corresponding prevailing regulations about data protection. In the case of changes users will be informed straight after they have logged on any lifeshot service; every user has to accept the changes in privacy policies.
11.2 If an important share of lifeshot should be sold or if the property passes on to another company, then users will be informed straight after they have logged on any lifeshot service. lifeshot reserves its right to grant the new owner access to personal data, provided that the user agrees to it.
12 Entitled person for data handling
12.1 The entitled person for data handling is lifeshot PLC with registered office in 39100 Bolzano, Siemensstrasse 23, e-mail email@example.com, PEC address firstname.lastname@example.org and the legal representative is Thomas Plankensteiner.
13.1 Potential inquiries should be send to: email@example.com.
13.2 In case of a request of information or request for changes to user data lifeshot will verify the account to the user’s own security.
14. Refusal to publish data
In case of the refusal to publish personal data by a prospective user, this person cannot access the lifeshot community.
Up to date: 19/08/2015
lifeshot General Terms & Conditions of Business
The following terms and conditions regulate the contractual relationship between lifeshot PLC, Siemenstrasse 23 in 39100 Bolzano (called “lifeshot”) and physical persons, corporate bodies and legally responsible partnerships (called “users”) that decide to apply for a membership in the lifeshot community (called “community”), accessible via www.lifeshot.eu (called “website”) or that are willing to download the lifeshot application (called “app”).
The community can be accessed by individual consumers and business customers (as explained below). For the purpose of these terms and conditions (i) individual consumers are regarded as users, who decide to apply for the membership out of reasons that are neither business-related, commercial or of self-employed nature; (ii) business customers are regarded as users who decide to apply for the membership in order to practice business either as a company or in a self-employed manner.
Only these terms and conditions will apply to the contractual relationship between lifeshot and its users. Users’ own terms and conditions cannot be applied, even if lifeshot does not specifically reject them. The terms “user”, “consumer”, etc. used in the following paragraphs include both female and male subjects.
1 Specification of services
1.2 lifeshot is a community built around pictures. Users can only upload a picture if they are invited via push notification – the upload has to be made within a determined time span. One can distinguish two types of lifeshots: a) “public lifeshots” and b) “secret lifeshots”. Public lifeshots can only be created by the administrators of lifeshot. All pictures uploaded during a public lifeshot can be seen without restrictions by every member of the community. The user has the possibility to create a “secret lifeshot”: this enables him or her to determine a topic and a time span. The user decides who will be able to participate at the lifeshot and sends out the invitations. All pictures uploaded during a secret lifeshot can only be seen by the members invited to this specific lifeshot. Generally, users can follow other users’ profiles and like or comment on their pictures. Pictures and other content (i.e. stories, text) shared within the community will be referred to as “content” in the following paragraphs.
1.3 The services offered by the lifeshot community are free of charge.
1.4 lifeshot does not guarantee for the delivery of push notifications in due time necessary for the participation in lifeshot events. This means that if the participation should not be possible due to a delayed push notification, users cannot claim for damages or participate at a later point in time.
1.5 Users who participate in public lifeshots are conscious about the fact that those contents can be seen by everyone and they guarantee that they are in possess of the rights necessary for the publication, especially the permission according to article 96 of the Italian law no. 633/1941 which regulates the portraits of people, and they further guarantee that they do not neglect the rights of third parties. Users guarantee the indemnification of their lifeshots.
1.6 lifeshot does not account for content shared as a secret lifeshot which could accidently appear to the public community.
1.7 lifeshot reserves its right to alter, interrupt or stop the services offered to the community. The user cannot claim for damages. lifeshot will try to make sure that users are notified beforehand, if such a situation becomes reality.
2 Registration in the community
2.1 In order to register in the lifeshot community, users have to log in using a specific account (called “community account”) and provide information such as e-mail address, username and password. Users can also register themselves using their Facebook profile.
2.2 Through the process of registration users agree unconditionally to the terms and conditions of lifeshot and the privacy policies.
2.3 Only users who are sui juris can be part of the community. If people are under 14 a membership is only possible with approval of their legal guardian. lifeshot will request to send a letter of approval to firstname.lastname@example.org. The legal guardian is responsible for the acts of minors and will bear the consequences. Legal guardians are advised about the fact that minors can be subject to contents which could be regarded as offensive or inappropriate.
2.3 Every user has the right to cancel his or her contents from the community or to delete his or her account completely.
2.5 lifeshot reserves its right to delete a user’s account if it has been inactive for 24 months. After 24 months lifeshot will send an e-mail to the address given during the registration process and if there is no response within 6 weeks the account will be deleted completely.
3 Account security
3.1 All data provided during the registration process has to be correct and complete. The user is responsible for the accuracy of the data provided.
3.2 The community account has to be secured through a password. The user has to follow all necessary steps in order to guarantee the secrecy of the password. The user is obliged to notify lifeshot immediately via email@example.com if there is evidence that the account has been hacked by a third party. The user is not authorized to give his or her account access information such as username or password to third parties.
4 Content requirements
All contents that are uploaded to the community must comply with these requirements and shall not include prohibited contents as specified under section 6.
5 Utilization by lifeshot
5.1 lifeshot does not draw upon the property or possession of contents.
5.2 However, by uploading contents through the lifeshot community, the user will allow lifeshot to use the content worldwide without license and free of charge for community purposes. This includes the right to integrate the content into lifeshot’s website or all websites of companies linked to lifeshot (called “websites”) and into marketing campaigns (i.e. for the lifeshot community and the lifeshot market). The user grants lifeshot the following usage rights (the following list is of exemplifying nature):
5.2.1 The right to reproduction, the right to public accessibility and distribution, that is the right to use contents for an unspecified period of time with the available technology, especially through digital incorporation into the websites, and the right to make the contents available to the public or reproduce them openly, transmit them or spread them (especially through social media platforms, which are used by groups of people);
5.2.2 The right to provision upon request, that is the right to save contents, put them apart for public purposes or forward them to an unspecified number of people;
5.2.3 The right to use contents for marketing purposes, that is the replication of contents for an unspecified period of time for marketing and commercialization purposes, the reproduction and distribution amongst the public or the public reproduction for services offered by lifeshot. This right includes the right to alter contents and edit them for the purposes mentioned above, especially by combining and integrating them with other pictures, text, graphics, artworks, movies, audios or other media;
5.2.4 The right to forward the user data anonymously without restriction to third party companies for the purpose of data analysis.
5.3 lifeshot is not obliged to indicate the author on the contents which are shown on the websites. Users renounce therefore the property right of a copy right note. If a user’s content should be used outside the websites, the user will be indicated as the author with his or her lifeshot username (© note).
5.4 In case content is deleted from the community account or a user becomes inactive, lifeshot loses the right over the content shared in the past. The right to use contents for commercialization campaigns which have already started before and the use of contents that have been shared by the user on other profiles are not affected by this term.
6 Illegitimate use
6.1 The user will make use of the community according to these terms and conditions and the prevailing laws. Every sort of inappropriate or illegitimate use is forbidden (this applies to both public and secret lifeshots). Especially the following actions are forbidden without any restrictions (the following list is of exemplifying nature):
• The upload and distribution of pornographic, insulting, abusing, offensive, racist or threatening contents and contents that transgresses the law for the protection of the youth or the personal rights;
• The upload and distribution of contents, which have been copied from other protected works or materials without the full or partial approval of the author;
• The upload and distribution of contents which compromise or violate the rights of third parties, especially personal rights, copy rights, intellectual property rights or other rights of third parties;
• The use of the community for marketing purposes;
• The approach to other users with the intention to buy or sell products or services;
• The declaration of incorrect data or information and the declaration of data and information regarding third parties;
• The use of data and information of other users without their explicit consent;
• The sale or any kind of transfer of the own community account;
• The act of causing damage to the community through a virus, malware or in any other manner;
• The change, manipulation, avoidance, overload or disturbance of the community and its main software and security systems.
6.2 lifeshot reserves its right to refuse the upload of contents or delete or eliminate contents, which according to lifeshot do not fulfill these terms and conditions and violate users’ rights or prevailing law and/or are inappropriate and/or inacceptable because of some other reasons.
6.3 lifeshot has the right to block a user’s account temporarily or permanently, if lifeshot believes that there is concrete evidence that the user does not comply with these terms and conditions and violates third parties’ rights or prevailing law. In case of a permanent ban or cancellation a user cannot open a new community account or use any other existing account without the written consent of lifeshot.
7 Verification and responsibility of users
7.1 The user is the sole person responsible for his or her community account. The user ensures that he will use the community account and the community according to these terms and conditions. The user ensures that he will not use the community in an inappropriate way – as described in paragraph 6.
7.2 The user is the sole person responsible for his or her contents and all private and public obligations and liabilities in conjunction with the contents and their licensing. The user ensures that the uploaded und published contents are corresponding to these terms and conditions and do not violate third parties’ rights or prevailing law. The user ensures that he or she owns the rights for the uploaded and published content and that lifeshot can make use of the usage rights as explained above.
7.3 The user will inform lifeshot promptly about any violation of these terms and conditions or any inappropriate use of the community by third parties that he or she knows of.
8.1 The user will indemnify lifeshot, its representatives and co-workers for any lost, damage, outlays, costs, lawsuits, allowances, trials, legal disputes, suits or liability claims, that are brought forward by third parties due to actions or omissions in conjunction with (i) the behavior of users inside the community and regarding its contents, (ii) a violation of the verification and responsibility of users according to paragraph 7 and (iii) the exertion of lifeshot’s rights according to these terms and conditions.
8.2 The indemnification is not valid for liability claims of third parties which are the result of the omission of lifeshot to delete or block contents which violate third parties’ rights immediately after they have been registered by lifeshot.
8.3 If such claims should be enforced by third parties, the user will provide all available information which allows an inspection of the claim and an eventual plea. The user will provide this information in an immediate, veridical and complete way.
9 Accountability of lifeshot
9.1 lifeshot is not obliged to grant a user access to the community. The user has no entitlement to join the community.
9.2 lifeshot is not capable and obliged to control or monitor contents and is therefore not doing so. lifeshot is not responsible or liable for the availability, accuracy, integrity, newness and lawfulness of contents. lifeshot is not liable for the misbehavior of users or third parties.
9.3 lifeshot makes an effort to provide a continuous and high-performance service in collaboration with its partners and data processing centers. Potential outages due to malfunctions or maintenance work have to be accepted; these do not represent a lack of performance. lifeshot cannot guarantee that the website or software are free from any viruses or malware. The usage of the community and the available functions are made available according to the prevailing technical conditions. lifeshot shall be at liberty to change them at discretion. These changes do not represent any lack of performance and do not have to be communicated.
9.4 lifeshot is not liable for delayed service provision due to events that are not controllable; this includes damage due to a force mayeure, computer viruses, hacker attacks, data theft by third parties, terror acts, public riots, war, strikes, fire, power blackouts or epidemics.
9.5 lifeshot is not liable for loss or damage to its users caused by (i) content uploaded by users or (ii) the exertion or claimed exertion or the omission of exertion of rights and duties according to these terms and conditions. lifeshot is liable in the following cases:
• lifeshot causes damages to life or physical condition or in case of deceitful concealment of scarcities by lifeshot , its representatives, co-workers and authorized agents; or
• - should the user be consumer – in case such loss and damages is caused due to culpable negligence or intention by lifeshot, its representatives, co-workers, authorized agents or assistants;
• lifeshot, its representatives, co-workers, authorized agents or assistants cause loss or damage by violating a contractual regulation which is indispensable for the fulfillment of the contract and therefore puts the attainability of the contract goal at risk and – should the user be business customer – those losses and damages are foreseeable at the moment of the violation;
9.6 The constraint and/or restriction of the liability of lifeshot are also valid for the eventual personal liability of its representatives, co-workers, authorized agents or assistants.
10 Final clauses
10.1 lifeshot reserves its right to change these terms and conditions at any time. lifeshot will inform its users through the website, the app or via e-mail at least four weeks before the changes will take effect. The communication about the changes in behalf of lifeshot will contain a link to the full version of the changed setting. In case the user does not object to these changes within four weeks after the communication has been sent, they will count as accepted. In the communication lifeshot explicitly informs the user about the possibility of objection and the meaning of the four-week-deadline. In case of objection the community account of this specific user will be deleted as soon as the changes take effect.
10.2 These terms and conditions are only subject to Italian legal regulation and preclude the UN Uniform Law on the International Sale of Goods irrespective of the residence of the consumer and the regulations regarding conflicts of law applying to business customers.
10.3 If business customers are affected by issues relating to these terms and conditions, only the legal place of business of lifeshot will be place of jurisdiction – but only in case there is no applying legal regulation that requests other procedures.
10.4 If a paragraph of these terms and conditions appears to be invalid, ineffective or not applicable, the validity or enforceability of other paragraphs will not be affected.