Terms and Conditions for the Polaroid Originals App

Terms of Use – Polaroid Originals App

Impossible B.V. ('Impossible') provides an application for smart devices ('Polaroid Originals App') by means of which the user of the Polaroid Originals App ('User') can create high quality digital copies of its analog Polaroid pictures and share them instantly with the scanner feature. When using the lab feature of the Polaroid Originals App in combination with the Polaroid Lab device, a User can make its digital photos from its smart device in the form of authentic analog Polaroid pictures. In addition, the User can link digital media to these analog Polaroid pictures, resulting in a small barcode being placed on the analog Polaroid picture. The barcode can be scanned in the Polaroids Originals App, after which the digital media file behind the Polaroid picture (the "AR Picture") can be viewed.

These terms of use ('Terms of Use') are applicable to any use of the Polaroid Originals App by the User. By downloading and/or using the Polaroid Originals App the User acknowledges that he has read, understood and agrees to be bound by the Terms of Use.

Content of the service

By no means is Impossible responsible for any photos, videos and/or other material accessed or provided via the Polaroid Originals App ('Content').

The User is solely responsible for any Content accessed, downloaded, posted or otherwise transmitted via the Polaroid Originals App.

Impossible has no obligation to monitor any Content or use of the Polaroid Originals App. However, Impossible can at its own discretion decide to disable or delete Content or accounts, and work with law enforcement when Impossible believes the Content is objectionable (e.g. in the event of Content that shows criminal behavior, violence, sexual (child) abuse, sexual solicitation, adult nudity, etc.), there is a genuine risk of physical harm or direct threats to public safety and/or the User is in breach of these Terms of Use.

Impossible provides the Polaroid Originals App on an "as is, as available" basis and does not guarantee that the Polaroid Originals App will always be available, uninterrupted, timely, secure or error-free, nor that the use of the Polaroid Originals App will be secure. The User accepts that the Polaroid Originals App may be suspended, interrupted, restricted or terminated at any time.

Any material downloaded or otherwise obtained through the use of the Polaroid Originals App is done at the own discretion and risk of User. User is solely responsible for any damage to his computer system or any other equipment or loss or corruption of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by the User from Impossible shall create any warranty or other obligation not expressly stated in the Terms of Use.

Intellectual property rights

All content (except for the Content as defined in Article 2.2.) of the Polaroid Originals App are protected by copyright, trademark and other local and international intellectual property rights. These Terms of Use do not grant the User any right, title, or interest in the content of the Polaroid Originals App, others' Content, Impossible's trademarks, logos and other brand features and intellectual property rights.

The User owns the Content he uploads, creates and shares on the Polaroid Originals App. By uploading, sharing and creating Content within the Polaroid Originals App and/or by otherwise providing the Content to Impossible the User grants Impossible a non-exclusive, perpetual, transferable, sub-licensable, royalty-free and worldwide license to host, use, distribute and copy the User's Content for the sole purpose to make the Content accessible for other users to view the content if indicated by the User. The User can end this license any time by deleting his Content or account.

Impossible reserves the right to disable or delete Content of a User alleged to be infringing intellectual property rights of third parties and terminate accounts of repeat infringers.

Rules of conduct and limitations

While using the Polaroid Originals App, the User is solely responsible for his conduct and needs to adhere to the following rules:

To ensure access to all your content (for example if you lose your phone), you need to store you user ID.

The User shall comply with all applicable laws and regulations regarding online conduct, intellectual property rights and data protection.

The User shall not upload in the Polaroid Originals App objectionable or infringing Content pursuant to Articles 1.3 and 2.3 of these Terms of Use.

The AR Picture is only allowed for private use. It is prohibited to make publicly available or to reproduce an AR Picture in any way. This prohibition includes (but is not limited to) posts on social media and websites and publishing it in the public domain.

The User shall not infringe any third-party rights and will not commit any other wrongful acts towards Impossible or any third party.

The User shall comply with all reasonable instructions that Impossible may give the User from time to time in connection with the use of the Polaroid Originals App.

Limitation of liability / indemnification

Impossible is not liable for damages of any kind, whether direct or indirect, arising out, or related to the use of the Polaroid Originals App, except to the extent the liability arises from Impossible's gross negligence of willful misconduct.

The User indemnifies Impossible against any claims, costs, expenses (including legal expenses), legal proceedings and other liabilities arising out or related to his use of the Polaroid Originals App and (the use of) the Content that the User uploads, posts, creates, shares or otherwise transmits on or through the Polaroid Originals App which are brought or threatened against Impossible by third parties in connection with the User's use of the Polaroid Originals App and of Content. This indemnification includes but is not limited to claims in respect of data protection, defamation, breach of copyright or other intellectual property infringement claims.

Personal data

Impossible respects the privacy of its Users. Any personal data that Impossible acquires, will be processed in accordance with the applicable data protection laws and regulations, particularly the General Data Protection Regulation (2016/679/EU) ('GDPR') and these Terms of Use. Please consult Impossible's Privacy Policy for more information on how personal data are processed by Impossible.

Content that contains personal data of other natural persons (not being the User) may only be uploaded in the Polaroid Originals App and/or otherwise provided to Impossible by the User when the User has obtained the explicit consent (pursuant to Article 4(11) GDPR) of the natural persons depicted on the Content to do so.

The User decides whether the AR Picture is only visible for himself or is also publically visible for other persons who scan the barcode on the corresponding analog Polaroid picture. Due to the principle of data minimization pursuant to the GDPR, the first option is set as default within the Polaroid Originals App. The User can manually, at his own discretion and at his own risk, adjust these settings.

The Content in the Polaroid Originals App is automatically stored for the time that the User uses or has an account at the Polaroid Originals App. Without prejudice to Impossible's rights pursuant to Articles 1.3 and 2.3. of these Terms of Use, the User can at any time decide at its own discretion to delete (parts of) the Content.

Miscellaneous

Impossible may modify the Terms of Use from time to time.

In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or deemed so by the authorized court, such provision will be changed and interpreted so as to best accomplish the objectives of the provision in question to the fullest extent permitted by law. The other provisions of these Terms of Use will remain in force and in full effect.

These Terms of Use are construed and governed by the laws of the Netherlands. Any dispute arising out or related to these Terms of Use will be settled before the competent court in the Netherlands.

Contact information

If you have any questions regarding the Terms of Use, please contact us via the contact information below:

Impossible B.V.

Hoge Bothofstraat 45

7511 ZA Enschede

The Netherlands

Telephone: 00 800 577 01500

Email address: service@polaroidoriginals.com

Registration number Chamber of Commerce: 08182413

PRIVACY STATEMENT POLAROID ORIGINALS APP

This Privacy Policy explains how Impossible B.V. ("Impossible" or "we") collects, stores and uses personal data about you when use ("Use") the Polaroid Originals application (the "App"). Please read this Privacy Policy carefully.

1. WHO WE ARE

Impossible B.V. is a company registered with the commercial register (Kamer van Koophandel for Oost Nederland) in The Netherlands (registration number 08182413) whose registered office is at Hoge Bothofstraat 45, 7511 ZA Enschede, The Netherlands (Postbus 242, 7500 AE Enschede, The Netherlands). Impossible is part of the Impossible group of companies. You may contact us on service@polaroidoriginals.com.

We qualify as the controller within the meaning of the General Data Protection Regulation ("GDPR"), in relation to your personal data that we process as a result of the Use of the App (see paragraph 2).

We respect your right to privacy and will only process your personal data in accordance with the applicable data protection legislation, as updated from time to time.

2. THE PERSONAL DATA WE COLLECT ABOUT YOU

When you Use the App we and/or our third party data processors acting on our behalf (see paragraph 5) may collect the following personal data about you:

Personal data you provide to us:

Content:

Such as published photos and videos within the App.

Metadata:

The date when an analog instant photo was made by using your device on which the App is installed. This enables you to easily sort different photos shot using that device.

In order to be able to offer our services in the App correctly and to create the best user experience, we receive the following personal data from third parties, such as app stores, operating system and device manufacturers, and analytical companies:

Location data:

If you use an Android-device, processing your location by means of Bluetooth is required to offer the One Step+ camera service properly. We do not process this data for other purposes.

Usage and preference data:

We collect data about how you and other App users interact with our services, preferences expressed, and settings chosen.

Device data:

We collect data about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions and preferred language.

Log data:

When you interact with our services within the App, we create server logs, which may include data like access dates and times, app features or pages viewed, app crashes and other system activity.

Please note that we do not access any personal data from the Google Play Store and/or Apple App Store.

3. LEGAL GROUND FOR PROCESSING YOUR PERSONAL DATA

The legal ground for processing your personal data is:

- your consent

- the necessity to perform an agreement with you (e.g. offering our services within the App), or

- the necessity to pursue our legitimate interests or those of a third party, where these interests override your interests or your fundamental rights. The legitimate interest we pursue is the proper conduct of our business activities, such as ensuring that the content from our services is presented in the most effective manner, to troubleshoot software burgs and operational problems and provide you with information on products and offers which are relevant to you.

4. HOW WE MAY STORE AND USE YOUR INFORMATION

Impossible (and third party data processors acting on our behalf) may collect, store and process your personal data:

- to make this App and its features available to you;

- to provide our services to you;

- where we have a legal right or duty to use or disclose your personal data (including for crime and fraud prevention and combating and to comply with a court order) or for company acquisition/asset sale;

- to ensure that content from our services is presented in the most effective manner for you and your device;

- to administer our services and for internal operations, including, for example, to prevent fraud and abuse of our services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;

5. DISCLOSURE OF YOUR PERSONAL DATA

We will not disclose, sell, trade, or rent your personal data to any third party, save for any disclosures of your personal data detailed in this Privacy Policy.

5.1. Company acquisition or business or asset sale

In the event that a third party acquires all or part of our business and/or assets, we may disclose your personal data to that third party in connection with the acquisition. Furthermore, we reserve the right to disclose your personal data to third parties as part of any business or asset sale carried out because Impossible has gone into insolvency or any similar situation, but only where lawful and compliant with the applicable data protection legislation, as amended from time to time.

5.2. Comply with applicable law

We may disclose your personal data where necessary to comply with applicable law or an order of a governmental or law enforcement body. We may also disclose your personal data in response to a request for personal data by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process.

5.3. Subsidiaries and affiliated entities

We may share your personal data with our subsidiaries and affiliated entities within the Impossible group that provide services or conduct data processing in relation to the App on our behalf.

5.4. Other relevant parties

We may disclose your personal data where necessary with our processors, vendors, consultants, marketing partners, and other service providers who need access to such personal data to carry out work on our behalf for the performance of any contract we enter into with them.

5.5. Analytics

This App uses Google Analytics for Firebase and Google Firebase Crash Reporting, services (i) provided by Google and (ii) providing insight into app usage and user engagement. Google will use this information on our behalf for the purpose of evaluating your use of the App and compiling reports on App activity for us. Some Firebase services process personal data, that will be provided to us by Google in an aggregated manner. For this reason, a data processing agreement is concluded with Google. However, the aggregated data received from Google does not represent personal data for us as we are not reasonably able to identify a specific user on the basis of this information, nor do we make any efforts to personalize it subsequently. We process these aggregated data to analyze and optimize usage behavior in general, for example by evaluating crash reports. The privacy policy for these Google services can be found under https://firebase.google.com/terms/data-processing-terms?.

6. INTERNATIONAL TRANSFERS

We may transfer personal data that we collect from you to third party processors located in countries that are outside of the European Economic Area and to other Impossible group companies in connection with the above purposes. For example, some Impossible group companies or processors are domiciled in the United States, which leads to the disclosing of your personal data outside the European Economic Area.

In such situations we will ensure that appropriate safeguards are in place that offer an adequate level of protection of your rights and freedoms as a data subject in accordance with the GDPR. We do this, for example, by concluding standard contractual clauses approved by the European Commission for the transfer of personal data, or by transferring your personal data only to third parties that are considered to guarantee an adequate level of protection by the European Commission, such as third parties that are members of the EU-US Privacy Shield Framework. If you wish, you may request a copy of the existing model contractual clauses by using the contact information above.

7. SECURITY

We have taken appropriate technical and organizational measures to protect your personal data, in accordance with the GDPR, against destruction, loss, alteration, unauthorised disclosure or unauthorized access, including by ensuring that:

- the confidentiality of your personal data is guaranteed and the integrity and availability of your personal data will be maintained;

- our personnel is trained in information security requirements; and

- your personal data is protected against unauthorized access.

8. DATA RETENTION

We will not retain the personal data for longer than is necessary for the purposes for which it is collected or processed. However, a longer retention period of your personal data may occur if this is necessary in order to comply with a legal obligation or if (legal) proceedings are expected. We will in any case comply with legal data retention obligations. If you would like to receive more information about the retention periods that we apply, please contact us on service@polaroidoriginals.com.

9. YOUR RIGHTS

We may collect your personal data if a user of the App uploads and publishes photos and/or videos where you are depicted on. If you have not given your consent to what others have shared about you on the App, you can request the person who uploaded the content to remove it or you can report this to us.

Furthermore, you have the following rights:

- the right of information about the personal data we process about you;

- the right to access your processed personal data;

- the right to rectify personal data that we hold about you;

- the right to erasure of your personal data (under circumstances listed in the applicable law);

- the right to restrict the processing of your personal data (under circumstances listed in the applicable law);

- the right to object against the processing of your personal data (e.g. in relation to the processing of your personal data for advertising purposes);

- the right to data portability (you can ask us to provide you or a third party with your personal data in a readable and accessible form); and

- the right to withdraw your consent to the processing of your personal data.

When the processing of your personal data takes place on the basis of your consent (i.c. your consent is required for the processing of photos and videos that are uploaded into the App from your device), you have the right to withdraw your consent at any time, after which we will stop the further processing of your personal data. However, withdrawal of your consent does not affect the lawfulness of the processing prior to that moment. Please note that if you withdraw your consent certain features of our services within the App may no longer be accessible.

For security purposes we may occasionally request proof of identity before we are able to exercise your rights. If you wish to exercise any of the above rights, please contact us using the contact details specified above.

Please take into account that your rights are not absolute in all cases, and that we may not be required to comply with your request. If that is the case, we will make sure you will be informed of this.

10. UPDATES TO THIS PRIVACY POLICY

This Privacy Policy was last updated in September 2019 and replaces our previous Privacy Policy. Please check back regularly to stay informed of updates to this Privacy Policy. If we make any changes to this Privacy Policy in the future, we will publish the adapted Privacy Policy on the App. If changes are made that may significantly affect data subjects, we will do our best to directly inform these data subjects. All changes will take effect as soon as the Privacy Policy has been posted on the websites.

11. QUESTIONS AND COMPLAINTS

In case you have any questions about this Privacy Policy or your personal experience dealing with the App please contact us on service@polaroidoriginals.com. If you are of the opinion that we process your personal data in an improper or unlawful manner, that we do not/insufficiently take regard of your objection or request in the context of your rights or if you wish to make a complaint in the context of the processing of your personal data, you have at all times the right to lodge a complaint with the competent Data Protection Authority.