Privacy Policy

Effective Date: 20 Jule, 2024

1. Why do you need to read this privacy policy?

1.1. We respect your privacy and before providing us with Personal Data please read this Privacy Policy carefully.

1.2. The purpose of this Privacy Policy is to give you a comprehensive overview of how we process your Personal Data (for what purposes and what personal data we process, with whom we share it, and what rights you have as a data subject). This Privacy Policy applies to the processing of personal data in any interaction with us (through memories.design (the “Website”), communication with us via email, etc.).

1.3. This Privacy Policy may be amended or updated from time to time to reflect changes in our practices with respect to the processing of your Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make. If we make any major changes to our Privacy Policy and will need your explicit consent for further processing of your personal data, we will request your consent or your renewed consent (in case it was obtained previously).

2. Who we are?

2.1. MEMORIES DESIGN Sp. z o.o., REGION: 525286352, NIP: 9522241061, KRS: 0001035667, address: Aleja Generała Antoniego Chruściela “MONTERA” 88A, Warszawa 04-412, Poland, e-mail: [email protected].

2.2. In this Privacy Policy “Memories”, “we”, “us”, “our” means MEMORIES DESIGN Sp. z o.o. and affiliated companies.

2.3. Except as otherwise noted in this Privacy Policy, Memories is a data controller (as that term is used under the EU General Data Protection Regulation (the “GDPR”)), which means that we decide how and why the information you provide to us is processed.

2.4. If you have any questions or suggestions about data protection or want to reach out to our data protection officer, you can contact via e-mail indicated above.

3. How do we collect your personal data?

We process Personal Data that you provide to us or automatically through electronic means. We receive some Personal Data from third parties. If you write to us via messenger, social media or other platform to communicate with us, we may also process information you post publicly on that messenger, social media or other platform.

4. How long have we been processing your personal data?

4.1. We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy but in any case, no longer than 3 years after the last login to the account.

4.2. The duration of photograph storage is contingent upon the duration of album retention:

• Purchased albums are stored for the entire duration of the account's existence, not exceeding 3 years from the user's last login. This duration allows users to reorder their albums.
• Unpurchased albums are retained for a period of 2 weeks from the last editing session. This duration enables users to revisit and modify their albums.
• Upon album deletion, photographs will be automatically removed from our servers.

4.3. Under certain circumstances, we may be required to retain your Personal Data for a longer period of time in accordance with applicable law or regulatory requirements. This may include, but is not limited to, situations involving legal proceedings, investigations or government inquiries. We will only retain your Personal Data for as long as necessary to comply with these legal obligations, and we will take appropriate measures to ensure its security and confidentiality during this period.

5. What information about you are we processing and why?

5.1. We respect your privacy and aim to limit the Personal Data that we collect from you to the amount which is strictly necessary to fulfil the purposes of processing. We will not use or share your information with anyone except as described in this Privacy Policy.

5.2. We have described below how we use your Personal Data, the categories of Personal Data that we process, the legal basis on which we rely on this:

5.2.1. To ensure the normal operation of the Website, to monitor technical problems in the webwork of the Website and fix them.

In order to provide you with a properly working Website and to allow you to use our services, we collect certain technical Personal Data that allows us to find technical problems and troubleshoot the operation of the Website.

Technical data, such as IP, device name, OS name, device model, time zone of device, language of device, device ID (the “Technical Data”).

Legitimate interest:

• your interest is in using our Website free from any bugs;
• our interest is in keep the Website up and running;

5.2.2. To better understand the visitors of our Website and learn about their preferences.

In order for us to improve our Website and make it more user-friendly, we analyze the audience that uses the Website. To do this, we process some technical and usage data:

• Technical Data;
• Data about your use of the Website;

Legitimate interest:

• your interest is that our Website is the best fit for your needs;
• our interest is to understand our audience in order to attract new visitors to our Website;

5.2.3. To create account within the Website.

In order to use our services, you need to create an account. We use the authentication function through other services (such as Facebook) and collect Personal Data that you have provided access to through those services.

Depending on which service you log in with, we process the following Personal Data:

• Facebook(Meta): name, profile picture, email address (optional), phone (optional).

5.2.4. To create photo album.

In order to provide you with a photo album service, we need your photos. We get these photos from the service with which you log in to your account.

Depending on which service you log in with, we process the following Personal Data:

• Facebook(Meta): user_photos.

5.2.5. To print and deliver photo album.

In order for us to be able to deliver the photo album you have made, we need some of your Personal Data. Please note that the printing and delivery of the photo album is handled by third-party companies to whom we share your Personal Data for this purpose. To learn more about how third parties process your Personal Data, see “To whom and when do we share your information”?

• Contact information such as name, phone number, email address (the “Contact Data”);
• Address data such as country, state, city, street, house, apartment, zip code (the “Address Data”);
• Track number (to track shipping status);

5.2.6. To process payments.

To the extent that our creation, printing and delivery services are fee-based, we process Personal Data related to payment for our services.

Payment-check data such as payment status (paid or refund), receipt link, payment link, track_url, sum (the “Payment-check Data”).

We do not collect and process your credit card data (number, holder, expiration date, etc.) (the “payment data”). Payment for services is made through a third-party service that directly collects and processes your payment data.

5.2.7. To send you order information.

We want to provide you with a quality service, so we send you an order confirmation email, a reminder to make payment (since without payment your album will be deleted), and a tracking code to track your delivery.

• Email;
• Track number;

5.2.8. To give you feedback on a directed request.

If you have any questions or difficulties using our Website, or if you need any other help or support from us, you can write to us via the Website, email, or otherwise. If you do so, we will process your personal data to respond to your request.

• Contact Data (it can be only email or phone number and depends on the mean of request);
• Other Personal Data that you provide us in the correspondence.

Legitimate interest:

• your interest in providing you with an answer to a question / solution to a problem;
• our interest in improving the quality of provided services;

5.2.9. To provide advertising on the Website, including personalized advertising.

We may display advertisements on the Website through advertising networks. Such advertising networks may, with your consent, show you personalized advertising.

• Technical Data;
• Data about your use of the Website; Data about your use of other services on the Internet (with you consent);

Legitimate interest:

• your interest in improving your user experience by obtaining potentially useful information, products or services;
• our interest in generating revenue and maintaining the sustainability of the Website; or consent (for personalised advertising);

5.2.10. To send you information about available albums for you.

We want to provide you information about what albums you can create, so we send you an year review album link.

• Facebook(Meta): email.
• Facebook(Meta): user_photos.

Legitimate interest:

• your interest in that you know that you can create an album for one of the available you periods;
• our interest in improving the quality of provided services;

6. To whom and when do we share your information?

6.1. We may share your Personal Data for the purposes specified in section “5. What information about you are we processing and why?” above or when required by law.

6.2. We go to great lengths to ensure that any third parties we share your Personal Data with have adequate safeguards in place to protect it from unauthorized access, disclosure, or misuse. We establish contractual agreements with these parties to ensure that they handle your Personal Data in accordance with the relevant privacy laws and regulations.

6.3. Please be aware that although we aim to collaborate with trustworthy third parties, we do not have control over their actions or the information they gather. We encourage you to review the privacy policies of these third parties to comprehend how they handle your personal data.

6.4. We may involve the following third parties in the processing of Personal Data:

6.4.1. Third-party organizations that provide business performance data and help collect and process data for analytical purposes.

In order to improve the quality of our Website and services, provide a more satisfactory user experience, we may use analytics platforms to collect and evaluate data on our behalf. These platforms help us understand user behavior, demographics, performance and other factors. The resulting data is aggregated and made anonymous to ensure your privacy. Using these analytics platforms, we can collect valuable information that allows us to make informed decisions about optimizing our Website and improving our services:

• Google Analytics is a web analytics service provided by Google, Inc. (Privacy Help Center, Privacy Policy of Google Inc.);
• Amplitude is a service for analyzing user behavior on the Internet and mobile applications provided by Amplitude, Inc.(Privacy Policy of Amplitude, Inc.);
• Facebook Ads Manager is a Facebook tool that allows to create and manage ads provided by Meta Inc. (Privacy Policy of Meta Inc);

6.4.2. Third parties that help send emails.

To improve the quality of our services and to increase the satisfaction of our service users, we use reminder mailings about ordered photo albums. For this purpose, we involve third parties to whom we provide your Personal Data in order to send a mailing. Please note that we do not do marketing mailings:

• Customer.io is an automated messaging platform for tech-savvy marketers who want more control and flexibility to craft and send data-driven emails provided by Peaberry Software Inc. d/b/a Customer.io (Privacy Policy of_ _Peaberry Software Inc. d/b/a Customer.io);

6.4.3. Third parties that provide us with storage servers. We may rely on companies that provide us with servers to store your Personal Data. Such companies ensure that our Website and its features are available. Although hosting providers may have access to some of your Personal Data, they are contractually obligated to treat it in accordance with relevant privacy laws and regulations:

• Vultr.com is an independent cloud computing platform on a mission to provide businesses and developers around the world with unrivaled ease of use, price-to-performance, and global reach.(Privacy Policy of The Constant Company LLC);

6.4.4. Third-party companies carrying out the payment process.

When you purchase a photo album, you may be required to provide data for payment. Please be aware that this Personal Data is processed by a third party and Memories has no access to such data. Any information you provide to facilitate such payment is subject to the third-party payment processor’s privacy policy, and we encourage you to review this policy before you provide any payment data to the payment processor. Memories receives Payment-check Data from the relevant third party:

• Stripe suite of APIs powering online payment processing and commerce solutions for internet businesses of all sizes provided by Stripe Inc.(Stripe Inc. Privacy Center)

6.4.5. Third parties that help us log errors on the Website.

To ensure the smooth operation of our Website, we employ companies that analyze and troubleshoot its operation. To this end, they process some Technical Data:

• Sentry provides context to uncover insights for engineers, support, product, and beyond(Sentry Privacy Policy);

6.4.6. Third-party companies that provide us with printing and delivery services.

At the stage when the photo album is ready, we pass it in pdf format to our partner, who prints and delivers the photo album:

• Peecho helps us make printing fast, simple and cost-effective.(Privacy Policy of Peecho B.V.);

7. What rights do you have when processing PERSONAL DATA?

7.1. You have the following rights regarding your Personal Data:

7.1.1. Right of access.

You have the right to obtain a copy of your Personal Data that we hold, and any additional information.

What will we do to realize your right?

We will provide you with a copy of the processed Personal Data, and may charge a reasonable fee for additional copies. If you request it electronically, we will provide the information in a commonly used electronic format, unless you specify otherwise.

7.1.2. Right to rectification.

You have the right to request the correction of incomplete or inaccurate Personal Data.

What will we do to realize your right?

We will correct your inaccurate or incomplete Personal Data without undue delay.

7.1.3. Right to erasure.

In certain circumstances, you can request the deletion or removal of your Personal Data. Detailed instructions can be found at How do I delete my accaunt page.

What will we do to realize your right?

If there is no other legal basis for processing your data, we will promptly delete it.

7.1.4. Right to restrict processing.

Under specific conditions, such as when the accuracy of your data is contested, when the processing is unlawful, when we no longer need the data, or when you have objected to the processing, you can request the restriction of processing your Personal Data.

What will we do to realize your right?

We will not process your data (except for storage) unless it is based on consent, or to assert, exercise, or contest legal claims and actions, or to protect the rights of another person or entity, or for reasons of important public interest.

7.1.5. Right to data portability.

This right applies when we process your information with your consent or based on a contract. You have the right to receive your Personal Data in a format that is structured, commonly used, and readable by machines, and if possible, transfer it to another data controller.

What will we do to realize your right?

To uphold your right, we will transfer your Personal Data to another data controller in a format that is structured, widely used, and machine-readable, provided that it is technically feasible.

7.1.6. Right to object.

If we process your Personal Data based on legitimate interests, you have the right to object to such processing if it conflicts with your specific situation.

What will we do to realize your right?

To ensure your right, we will not process your Personal Data unless we can demonstrate that there are compelling legitimate reasons that override your interests, rights, and freedoms, or if it is necessary for legal claims and legal actions.

7.1.7. Right to withdraw consent.

If you have given explicit consent for the processing of your Personal Data, you have the right to withdraw your consent at any time.

What will we do to realize your right?

To uphold your right, if we do not have any other legal basis for processing your Personal Data, we will stop processing it once we receive your request to withdraw consent.

7.1.8. Right to lodge a complaint.

If you believe that our processing of your Personal Data violates applicable legislation, you have the right to lodge a complaint with a supervisory authority.

7.2. Please note that these rights are subject to certain limitations and exceptions as provided by law. To exercise any of these rights or for further inquiries, please contact us using the provided contact information.

7.3. We will review your request as soon as possible, but not more than within one (1) month. Please note that this period may be extended for an additional two (2) months, if necessary, based on the complexity and number of your requests. In that case, we will tell you about the extension within one (1) month of receipt of your request and explain the reasons for the delay.

7.4. To exercise your right to rectify or erase data, we kindly ask you to first attempt to do so through your account settings. If you encounter any issues or are unable to make the desired changes, please feel free to contact us for further assistance.

8. Cookies.

8.1. This session provides an explanation of how we utilize cookies and similar technologies to recognize and enhance your experience on our Website. This includes information on what cookies are and why we use them, as well as the options available for controlling their use.

8.2. Cookies are small data files that are stored on the browser of your computer or mobile device to enhance your interaction with online services. We use cookies on our Website to facilitate its operation, improve user experience, gain insight into user behaviour, tailor online advertising to your interests, and personalize marketing and sales interactions.

8.3. We use such types of cookies:

• Necessary: These cookies are essential for a website to function properly. They enable basic functions like page navigation, user authentication, and access to secure areas of the website. Necessary cookies do not gather any personal information and are usually set automatically by the website. Disabling these cookies may adversely impact your ability to utilize basic services.
• Analytical: Analytical cookies track and collect information about Website visitor’s behaviour and usage patterns. They help us understand how users interact with our Website, such as which pages are visited most frequently, the average time spent on each page, and the paths users take through the Website. This data is anonymous and used for statistical analysis to improve the Website’s performance and user experience.
• Advertising: Advertising cookies are used to deliver tailored advertisements to Website visitors based on their browsing habits and interests. They track users across different websites to build a profile of their preferences, which allows advertisers to show relevant ads. Advertising cookies are often set by third-party advertising networks or advertisers.

8.4. We process such analytical and advertising cookies for the following purposes:

• _fbp. Used by Meta to deliver a series of advertisement products such as real time bidding from third party advertisers. Duration: 3 months;
• _ga. This cookie name is associated with Google Universal Analytics – which is a significant update to Google’s more commonly used analytics service. This cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. It is included in each page request in a site and used to calculate visitor, session and campaign data for the sites analytics reports. Duration: 1 year 1 month;
• ga*. This cookie is used by Google Analytics to persist session state. Duration: 1 year 1 month;
• amp*_. This cookies is used by Amplitude Analytics to persist session state. Duration: 1 year;
• AMP*_. This cookies is used by Amplitude Analytics to determine behaviour patterns that help us improve user experience. Duration: 1 year;
• AMP*_. This cookies is used by Sentry to track and improve perfomance of service. Duration: 1 year;
• xs. Used by Meta to store a unique session ID. Duration: 1 year;
• c_user. Used by Meta to store a unique user ID. Duration: 1 year;
• datr. Used by Meta to provide fraud prevention. Duration: 1 year 1 month;
• fr. Used by Meta to provide ad delivery or retargeting. Duration: 3 month;
• usida. Used by Meta to collects a combination of the user’s browser and unique identifier, used to tailor advertising to users. Duration: Session;
• sb. Used by Meta to stores information about the browser to improve its security settings. Duration: 1 year 1 month;
• wd. Used by Meta to stores the user's screen resolution. _Duration: 1 week;
• m_pixel_ratio. Used by Meta to provide users with optimal conditions for site use, including fast loading of Facebook products. Duration: Session;
• tempId. System necessary cookie to provide the user with one version of the service. Duration: 1 month;
• stickounet. System necessary cookie to provide the user stable connection to the service. Duration: 1 day;
• COOKIES_CONSENT_SETTINGS_ADVERTISING_STATUS. System necessary cookie to save cookie settings. Duration: 1 year;
• COOKIES_CONSENT_SETTINGS_ANALYTICAL_STATUS. System necessary cookie to save cookie settings. Duration: 1 year;
• COOKIES_CONSENT_SETTINGS_NECESSARY_STATUS. System necessary cookie to save cookie settings. Duration: 1 year;
• COOKIES_CONSENT_SETTINGS_SHOWN_TYPE. System necessary cookie to save cookie settings. Duration: 1 year;
• __stripe_mid. Used by Sentry to provide fraud prevention. Duration: 1 year;
• sentry-sc. Used by Sentry for the error monitoring. Duration: 1 year;
• _aid. Used by the system for the referral program. Duration: 30 days;

8.5. You can control the cookie settings. The following describes the actions you can take in relation to cookies:

8.5.1. Removing cookies from your device.

If you decide to delete all cookies that are on your device, you can go into your browser settings and clear the history. This action will delete all cookies from all websites you have visited.

Please be aware that this action may result in the loss of some stored information (e.g. saved login details, site preferences).

8.5.2. Set up cookie preferences on our Website.

If you want to customise your cookie handling preferences, you can do so in the pop-up cookie-banner settings.

For more control over a particular site’s cookies, you can also set them in the privacy and cookie settings of your preferred browser.

8.5.3. Blocking cookies.

Most browsers allow users to block the use of cookies on all browsers. If you choose to block cookies, please note that our Website may not function properly, and you will not be able to use all of its features and services. This is because blocking cookies may prevent our necessary cookies from being accessed.

To disable cookies, each browser has their own set of controls available. Please refer to your browser’s help menu for further guidance.

8.6. For more information on what you can do with cookies, see the settings on your browser:

• Google Chrome
• Internet Explorer
• Mozilla Firefox
• Safari (Desktop)
• Safari (Mobile)
• Opera
• Opera Mobile

9. Age limits.

We do not intentionally collect or request Personal Data from individuals under the age of 16, nor do we permit such individuals to use our Website. If you’re below the age of 16, please refrain from providing us with any Personal Data. If we discover that we’ve obtained Personal Data from a person under the age of 16, we will delete it immediately. If you suspect that we possess any Personal Data about or from someone under the age of 16, please reach out to us through the contact information provided.