This Privacy Notice describes the way in which we deal with the information and data you share with us in order for us to allow you the optimal use of our services. Our company, Sellfies B.V. (“Sellfies”) is a Dutch limited liability company with its registered address Vijzelstraat 68, Amsterdam The Netherlands and business registration number 85414379. Sellfies runs a website on https://sellfies.com.(“Platform”) where users can upload images of themselves.
We will process your personal data provided to us or otherwise held by us in the manner and for the purposes set out in this Privacy Notice. Collection and processing of your personal data is conducted in accordance with the applicable data protection legislation, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (“GDPR”), and any other applicable local data protection laws.
This Privacy Notice applies to you if you are a user of our Platform. We encourage all our users to read the Privacy Notice carefully. We would like to provide you with all information as comprehensible as possible. However, if anything should remain unclear, we will be happy to explain any of the terms or passages contained in this Privacy Notice.
1. Who is the controller of your data?
The Data Controller of your personal data is Sellfies B.V. (“Company” or “we”).
In case you have a request relating to the processing of your data or in case of wish to exercise your rights as set out in Clause 4 below, please send us an e-mail at [email protected].
2. What personal data do we collect about you? For what purpose and for how long do we collect it?
We process your personal data only to the extent determined by the services we provide to you (i.e. operating the Platform) or other related purposes of processing, as specified below.
2.1. For the purpose of your registration to the Platform, we process your personal data in the extent of gender, sexual orientation, date of birth, place of residence, username, e-mail address, password (together “Personal Data”); those data are necessary for creating your profile.
The primary legal basis for processing of the above-mentioned data is performance of a contract (i.e. provision of our services) to which you become a party when finalizing the registration process. The Personal Data will be processed for the duration of the contractual relationship and sometime thereafter to meet our legal obligations and serve our legitimate interests. As a general practice, such a term does not exceed three years after the contractual obligations are terminated but can be longer based on valid reasons in the individual case.
The legal basis for the processing of special categories of personal information is the consent given us by you. Your Personal Data will be processed for the duration of the consent.
2.2. For the purpose of provision of our services (i.e. operating the Platform) and enabling you the communication with other users, we may process the following information:
- Personal Data filled out during the registration as specified above;
- payment details;
- photographical content; and
- any other personal information you can add while managing your profile – such as pictures, information about your appearance (height, hair colour, tattoo, body type, eye colour, piercing) or any other related personal information you voluntarily share with us (“Optional personal data”).
Please note, that the data mentioned in this Section will not be disclosed, transferred or sold to any third party and will be stored on servers which are located in the Netherlands
The legal basis for processing is the performance of a contract (i.e. provision of our services) to which you are a party. The personal data will be processed for the period of the duration of the contractual relationship and sometime thereafter to meet our legal obligations and serve our legitimate interests.
If any of the above-mentioned data (particularly Optional personal data) falls within the definition of “special categories of personal data” under the GDPR (i.e. personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation), the legal basis for such processing is the consent given to us by you. Your personal data will be processed for the duration of the consent, unless you have released certain privacy rights.
2.3. We may contact you via electronic means (e.g. e-mail) for the purposes of promotion of our services even without your prior consent. You may, however, refuse receiving this kind of marketing communication at any time (i.e. you may opt-out from such messages – such option will be included in each newsletter). Your contact details will be processed for the period of the duration of the contractual relationship unless you opt-out from it.
2.4. In other cases, for example in the case of marketing communication for other services or if we send messages tailored to your particular interests and needs, we may process your personal data based on your consent. Your personal data will be processed for the duration of the consent.
2.5. For the purpose of ensuring the security of IT systems and networks, we may process the following information: username, password, logs, and cookies (more information in point 8) and automatically generated information (e.g. the type of device you use, the IP address of your device, the operating system you use, the browser software you use). The legal basis for such processing is our legitimate interest or of a third party. The personal data will be processed for the period of the duration of the contractual relationship.
2.6 In addition, we may process and store some of the data mentioned above (e.g., payment details) in light of potential claims in the future. This processing is based on our legitimate interest or of a third party as we might need to keep evidence for potential disputes that may arise. The personal data will be processed for the period necessary to fulfill this purpose, however, no longer than for the period of ten years from the commencement of the statutory limitation period in each particular case.
3 Who do we share your personal data with?
The personal data you disclose via the Platform are of course shared with other users of the Platform.
Your personal data may, to the scope we process them, be transferred to other controllers within our group to be processed if it is necessary for internal administrative purposes.
In addition, your personal data may be disclosed to third parties that provide us with administrative or technical support and are ensuring marketing business activity for us ( i.e. to the data processors – “processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf us, the data controller). We may also share your personal data with payment institutions, which is necessary for ensuring the safe purchase of the credits on the Platform.
Furthermore, we may share your personal data with government authorities or law enforcement bodies if required by law, with external advisors and with other personnel who are subject to a confidentiality obligation.
Only a limited number of our employees will have access to your personal data. The employees are obliged to keep their personal data and measures taken for their protection strictly confidential. They are entitled to handle personal data only upon our explicit instructions.
We are not transferring your personal information to countries outside the EU/ EEA.
4. What are your rights in relation to the processing?
If you grant us your consent to the processing of your personal data, you do so entirely voluntarily and, therefore, you have the right to revoke or restrict the consent at any time through our contact details mentioned in this Privacy Notice. If you do so, we will stop processing the personal data concerned for the purposes for which the consent has been revoked. Unless where you have released your rights to us regarding your likeness.
You have the right to access your personal data and to request a copy thereof. You also have the right to ask us to rectify, block, complete and delete your personal data, to restrict its processing, and to ‘port’ your personal data (that is, to ask us to provide it to you in a structured, commonly used and machine-readable format and to transmit it directly to another organisation).
In some circumstances, you have the right to object to the processing of your data by us, in particular where your personal data is processed for the purposes of direct marketing (including profiling) or on the basis of a legitimate interest.
There are exceptions to these rights, for example, it will not be possible for us to delete your data if we are required by law to keep it. Similarly, access to your data may be refused if making the information available would reveal personal information about another person or if we are legally prevented from disclosing such information.
In addition, you have the right to make a complaint to your local data protection authority or to seek a remedy through the courts if you believe that your rights have been breached. Also, see here for an overview of local authorities.
5. For how long do we keep your personal data?
Further to the retention periods indicated above in this Privacy Notice, we retain your personal data for no longer than is necessary for the purpose of the processing in question, i.e. as required by law, for the period of performance of the contractual relationship and in some cases where we have a legitimate interest to keep your data longer in light of our legitimate interests.
6. How do we process and protect your personal data?
We process your personal data through our Platform. Your personal data are then processed electronically by automated means and stored in our information systems; your personal data can be also stored in mirrors or on back-up servers.
For protection of your personal data we have adopted appropriate security measures, administrative, physical and technical, to keep your personal data secured at any time and protect them from accidental or unlawful loss, access, transfer or destruction or any other misuse. All persons having access to your personal data are bound by legal or contractual confidentiality obligations.
7. How do we check the age of our users?
Our users must be 18 years or older for entry to our Platform. We have implemented appropriate technical means to reject the registration of people under this age limit and we do not knowingly process any personal data of persons under the age of 18. In addition, we monitor the use of our Platform and perform ID checks.
Please reach out to us if you are aware of any person younger than 18 who has made an account or provided us with personal data. Such personal data will be destroyed immediately following verification.
9. Changes to the Privacy Notice
Material changes we may make to this Privacy Notice in the future will be notified to you by way of an e-mail or on our Platform, as appropriate. You are further advised to periodically review this Privacy Notice for any changes that might have been made.
EFFECTIVE AS OF FEBRUARY 2022