Privacy Policy

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1. USER CONSENT AND DISCLAIMERS

1.1. USER CONSENT

By creating a User account and thereby agreeing to Easy Renders’ Terms and Conditions of Use document and Easy Renders’ Supporting Documentation, of which this Data Privacy Policy document is a part, the User hereby consents to the collection, use and disclosure of his Personal Data and Non-personal Data, as required by the Site, in accordance with this Data Privacy Policy document.

1.2. TYPES OF DATA

A User’s Content can comprise two types of User data: “Personal Data” is used herein to refer to any data that allows someone to identify or contact an individual User; whereas “Non-personal Data” is used herein to refer to any data which does not, of itself, directly identify the individual User.

1.3. MINIMUM AGE REQUIREMENT

Access to the Site and its services, products and contents are expressly forbidden to any persons under the age of 13; if any Personal Data (and/or Non-personal Data) is collected, used or disclosed by the Site on persons under the age of 13, then it is not done so intentionally.

1.4. DATA PERMISSION

In submitting any User Content to the Site, including Personal Data and Non-personal Data, the User hereby confirms that he has the authority to (and is further willing to): post the User Content on the Site; share the User Content with other (relevant) Users; and, where applicable, such as in the instance of Images, transfer the ownership of User Content to another User through the use of an Image Transfer Agreement. Where the User Content (both Personal Data and Non-personal Data) posted by a User in any way belongs to a third party, the User must absolutely comply with the first paragraph of provision 1.4. of this Data Privacy Policy document (above); unless the User Content which in any way belongs to a third party is being used by an Artist within his portfolio, in which case this is not allowed under any circumstances whatsoever, regardless of whether the Artist has complied with the first paragraph of provision 1.4. of this Data Privacy Policy document (above). Any loss in whatsoever form arising from the use of User Content in any way belonging to a third party will fall fully and solely on the User who posted that User Content.

1.5. DATA STORAGE

Although all reasonable care will be taken by Easy Render in the protection of the Site’s contents, including its Personal Data and Non-personal Data, Easy Render can not guarantee their absolute security, and Easy Render is not liable for any loss of Personal Data and/or Non-personal Data and any loss in whatsoever form arising to any party(s) as a result of the loss of Personal Data and/or Non-personal Data. Easy Render is not obligated to backup any User Content, including Personal Data and Non-personal Data, and User Content may be deleted and/or lost at any time; the User should note that the responsibility to create backup copies of a User’s own Content, including any Images, rests solely with the User himself. Following job closure, the collaboration page, its files, messages, marks and images are deleted. The high resolution images will be accessible by the relevant parties (the Client, the Winning Artist and Easy Render) through their User accounts, but only for a finite period of time as deemed reasonable exclusively by Easy Render. It is fully and solely the User’s responsibility to ensure he has obtained and made backups of the final high resolution images.

1.6. DATA MAINTENANCE

All Users are fully and solely responsible for the entirety of their User Content, including their Personal Data and Non-personal Data; it is the User’s responsibility to ensure that all their User Content, including their Personal Data and Non-personal Data is: accurate, complete, reliable, useful, appropriate, true and integral.

1.7. DATA DELETION

User’s may delete their User Content, including Personal Data and Non-personal Data but should note that Easy Render may keep some or all of the User Content present in a User’s account and not delete it until a later stage (if ever), when all possible requirements linked to that User Content have been fulfilled (for example, with regards to the provision of services, for fraud prevention, to comply with any legal obligations, to resolve disputes, to help enforce agreements, etc.). A User’s deletion of his account in no way voids the benefits due to Easy Render, the User, the Winning Artist and/or the Client under provision 1.1. of any Image Transfer Agreement that the User has already signed. When Easy Render deletes any User Content, including Personal Data and/or Non-personal Data, this User Content will be deleted from the active database but may remain in Easy Render’s archives; this archived version is in no way and under no circumstances intended to act as a backup, and is not available to any User, including the author (User) of the archived User Content. A User can delete their User account and their entire User Content, including Personal Data and Non-personal Data, through their User account or by emailing or calling the Site, but only when said User account is inactive; that is, the User is not currently advertising a job on the Site’s job board (Client) or involved in any collaboration with another User, no matter the stage of the collaboration (Client and/or Winning Artist). Following the deletion of a User’s account by the User paragraphs one and two of provision 1.7. of this Data Privacy Policy document will still apply.

1.8. GENERAL DISCLAIMERS

All provisions made under section 5 (on liability and disclaimers) of the Terms and Conditions of Use document apply, where relevant, to all the Supporting Documentation, including this Data Privacy Policy document.

1.9. GOVERNING LAW

All provisions made under section 6 (on governing law) of the Terms and Conditions of Use document apply, where relevant, to all the Supporting Documentation, including this Data Privacy Policy document;

2. PERSONAL DATA

2.1. COLLECTION OF PERSONAL DATA

“Personal Data” is used herein to refer to any data that allows someone to identify or contact an individual User; in the case of the Site, Personal Data is likely to include a User’s: avatar, ID, name, surname, address, email, telephone number, bank details, credit card details, etc. and is largely collected when the User creates his User account. Credit card details will be stored by the designated third party professional payment platform and not by Easy Render, who accepts no responsibility or liability whatsoever for any loss in any way related to such Personal Data; the User should familiarise themselves with the relevant third party professional payment platform’s data privacy policy which applies in this instance, and not this Data Privacy Policy document, which would cease to apply. The Site uses technology to automatically collect information from the User which does not, of itself, directly identify the individual User. Such information could include: data on the User’s visit to the Site (such as browser type, operating system, internet protocol address, domain name, location, language, time spent on site, date and time stamp of visit, etc.), which may be used by the Site to administer the Site, analyse User trends, track User movements around the Site, gather demographic information on Users, etc.; and also data on the User’s performance (such as sales and conversions data, Image prices, Image completion date and time stamp, job completion and closure data, etc.), which may be used by the Site to improve a User’s experience with the Site. Easy Render reserves the right to link such automatically collected information to a User’s Personal Data for the purpose of security and protecting the Site against fraudulent and/or non-professional activity on behalf of any User. The Site uses Google Analytics to collect data on Users; Users should refer to the following link for information on the data collected by Google Analytics: http://www.google.com/intl/en_uk/analytics/privacyoverview.html

2.2. USE OF PERSONAL DATA

Personal Data is, in general, used by Easy Render to allow and subsequently improve the User’s and/or other Users’ experience with the Site. For example, Easy Render may use Personal Data to: allow the creation of a single, secure User account which will allow the User access to the Site and its services; identify a User’s movements and interactions within the Site; inform internal research and development that could improve the Site and its services; customise the Site to match a User’s preferences; respond to a User’s request; send administrative notifications and promotional materials to Users; block Site access to suspended Users; etc.

2.3. DISCLOSURE OF PERSONAL DATA

The disclosure of Personal Data to other Users is kept to a minimum. The more sensitive elements of a User’s Personal Data (such as the User’s name, surname, address, email, telephone number, bank details and/or credit card details) are visible solely to the User himself and Easy Render; it is only a User’s avatar and, in the case of an Artist, the User’s portfolio images, that are visible to all Users. Easy Render may have to disclose some or all of a User’s Personal Data to third party service providers so that Easy Render may, with the assistance of these third party service providers, deliver the Site’s services to the User. These third party service providers are required to use a User’s Personal Data solely to provide the services requested by Easy Render; any Personal Data in the possession of a third party service provider will be subject to that third party service provider’s own data privacy policy, and not Easy Render’s Data Privacy Policy document. Braintree, the third party professional payment platform currently used by the Site, collects and stores its own Personal Data through the Site. The Site’s programmer (currently registered at 51st Floor, GmbH) will also have access to the Site for the purpose of maintenance, revisions, updates, etc. Other disclosures of Personal Data may occur where Easy Render believes, in good faith, that such a disclosure is necessary, for example: in conjunction with any disputes, investigations and/or legal proceedings; in compliance with any relevant laws and regulations; in defence of Easy Render’s or any other Users’ rights and property; etc.

2.4. STORAGE OF PERSONAL DATA

Easy Render is committed to protecting the security of the Site’s contents, including a User’s Personal Data; the Site uses password hashing to protect a User’s account, and it is fully and solely the User’s responsibility to keep said password safe and unknown to other Users and/or unauthorised persons; whilst credit card details are stored off-Site by a third party professional payment platform.

2.5. MODIFYING PERSONAL DATA

A User can modify their User Content, including Personal Data, through their User account, but only when said User account is inactive; that is, the User is not currently advertising a job on the Site’s job board (Client) or involved in any tenders, offers or collaboration with another User, no matter the stage of the collaboration (Client and/or Winning Artist).Any changes to Personal Data will require the User to be reapproved by Easy Render prior to gaining access to the Site and its services. Where a User intends to delete the entirety of his User Content by deleting his User account, then provision 1.7. of this Data Privacy Policy document applies in its entirety.

2.6. TESTIMONIALS AND FEEDBACK

The Site allows all Users to supply feedback, testimonials and/or endorsements; any feedback is viewed solely by Easy Render, whilst testimonials and endorsements may be displayed on the Site along with the User’s name, unless said User wishes to remain anonymous, in which case the User’s avatar will be used. Once submitted, all feedback, testimonials and endorsements belong to Easy Render, but may be modified, updated and/or deleted by the author (User) by emailing or calling Easy Render.

2.7. THIRD PARTIES, LINKED SITES AND ADVERTISEMENTS

When a User follows a linked website or advertisement from the Site and/or in any way leaves the Site, the User may end up on another website and/or in contact with an entity other than Easy Render, which may decide to collect their own data from the User, including Personal Data. Easy Render’s Data Privacy Policy document will cease to apply the instant the User navigates away for the Site, including those instances where the User leaves the Site by following any link found on the Site and/or any prompt received by the Site; and the User will then be subject to that website’s and/or entity’s own data privacy policy (whether or not that website and/or entity has one), which Easy Render has in no way vetted or approved, and for which Easy Render accepts no responsibility in whatsoever form.

3. NON-PERSONAL DATA

3.1. NON-PERSONAL CLIENT DATA

In order to make full use of the Site and its services, the Client will have to submit Non-personal Data, examples of which could include: any job details as required by the Site’s job form; any detailed project files; any information shared on the collaboration page; etc. The Non-personal Data entered in the Site’s job form by a Client is considered low sensitivity and will be posted on the Site’s job board; the job board will be visible solely to all registered Artists (Users) and Easy Render, but not to any other Clients (Users). Non-personal Data such as the detailed project files is treated as being more sensitive and will be posted on the collaboration page only; any User Content posted on the collaboration page, including any conversation between the Client and the Winning Artist, is visible solely to the Client, the Winning Artist and Easy Render. The Winning Artist is required by the Terms and Conditions of Use document not to create and/or keep any personal copies of the detailed project files belonging to the Client under any circumstances.

3.2. NON-PERSONAL ARTIST DATA

In order to make full use of the Site and its services, the Artist will have to submit Non-personal Data, examples of which could include: the Artist’s portfolio; any Images created by the Artist on the collaboration page; any information shared on the collaboration page; etc. An Artist’s portfolio will be visible to all Users on the Site, whilst any User Content present on a collaboration page, which will include the Images created by a Winning Artist in line with a given Client/Artist Agreement, will be visible solely to the Client, the Winning Artist and Easy Render.

3.3. DATA OWNERSHIP

All User Content, including both Personal Data and Non-personal Data, as posted by a User belongs fully and solely to that User, including any intellectual property rights associated with that User Content and all the possible liabilities and/or responsibilities that come with such ownership of that User Content; nonetheless, the Artist hereby agrees that any images present within an Artist’s portfolio, although they remain the full and sole property of that Artist, may and can be used by Easy Render, at Easy Render’s full and sole discretion, for advertising purposes. The only transfer of intellectual property rights allowed on the Site occurs through the Image Transfer Agreement document, where the intellectual property rights of those Images marked as completed by the Client on the relevant collaboration page are transferred from the Winning Artist, who created said Images, to the Client, who commissioned said Images, as evidenced in the relevant Client/Artist Agreement; whilst still allowing for the use of said Images by the Winning Artist, within his portfolio, and by Easy Render, for advertising purposes. Where one, more or all Images created by the Winning Artist on a collaboration page in line with a Client/Artist Agreement are in any way linked to a third party, the Winning Artist must have full permission to share and ultimately transfer the full intellectual property rights of said Images to the Client; including full permission to sign the relevant Image Transfer Agreement document with the Client. Any loss in whatsoever form arising from the use of Images belonging to a third party will fall fully and solely on the Winning Artist who transfers said Images.

3.4. STORAGE OF NON-PERSONAL DATA

Easy Render is committed to protecting the security of the Site’s contents, including a User’s Non-personal Data; the Site uses password hashing to protect a User’s account, and it is fully and solely the User’s responsibility to keep said password safe and unknown to other Users and/or unauthorised persons. Following job closure, the collaboration page, its files, messages, marks and images are deleted. The high resolution images will be accessible by the relevant parties (the Client, the Winning Artist and Easy Render) through their User accounts, but only for a finite period of time as deemed reasonable exclusively by Easy Render. It is fully and solely the User’s responsibility to ensure he has obtained and made backups of the final high resolution images.