Privacy Policy

1. USER CONSENT AND DISCLAIMERS

1.1. USER CONSENT

By creating a User account and thereby agreeing to SpotWorks Terms and Conditions of Use document 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. In the European Union, the age limitation is 16. Thus, if this jurisdiction applies to you, SpotWorks will not knowingly collect, maintain, or use personal information from children under age 16.

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 SpotWorks in the protection of the Site’s contents, including its Personal Data and Non-personal Data, SpotWorks can not guarantee their absolute security, and SpotWorks 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. SpotWorks 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 task closure, the collaboration page, its files, messages, marks and images are deleted. The high resolution images will be accessible by the Client through his User account, but only for a finite period of time as deemed reasonable exclusively by SpotWorks. 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 SpotWorks 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.). When SpotWorks 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 SpotWorks 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. 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. ACCESS

At your request, we will provide you with reasonable access to your personal information, so that you can review what we have stored and, if you choose, request corrections to it. You may request access by writing to us at the email address listed in the Contact Information section below. After you request access, we will provide the personal information that you request as soon as practically possible and generally no later than thirty days following the request. If you wish to correct your personal information, please send us a written explanation of the particular information that you believe should be corrected. Where information will not or cannot be accessed or amended, we will tell you the reasons.
SpotWorks stores, collects, and otherwise processes information mainly in Berlin, Germany and in Columbus, Ohio, U.S.A.
If you are residing in the European Union/ the European Economic Area, you have the right to:

– access your personal information, rectify it, restrict or object to its processing, or request its deletion,

– to receive the personal information you provided to SpotWorks or to transmit it to another company. More specifically, based on the European Union laws, you may request and receive copies of the personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

– to withdraw any consent provided,

– to opt out of some collection or uses of your personal information, including the use of cookies and similar technologies, the use of your personal information for marketing purposes, and the use for data analyses,

– where applicable, to lodge a complaint with your supervisory authority.

We encourage to contact us and we will respond in due time to settle all your questions and requests to the extent permitted by law.

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, dates of birth and identification documents 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 SpotWorks, 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. SpotWorks 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, including the collection of cookies and user IDs; Users should refer to the following link for information on the data collected by Google Analytics: http://www.google.com/intl/en/policies/
We will not upload any data that allows Google to personally identify an individual (such as name, Social Security Number, email address, or any similar data), or data that permanently identifies a particular device (such as a unique device identifier if such an identifier cannot be reset).

2.2. USE OF PERSONAL DATA

Personal Data is, in general, used by SpotWorks to allow and subsequently improve the User’s and/or other Users’ experience with the Site. SpotWorks uses 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; marketing and surveys; sending service update notices; enabling sales and other transactions; processing payments and settlement; sending payouts; handling orders; providing receipts; providing customer service; providing dispute resolution, chargebacks, refunds, or related issues; recovering debt and collections; detecting and preventing fraud; detecting and preventing violations of our legal agreements; measuring, improving, and customizing our services; fulfilling other technical, financial, legal, compliance, administrative, or back office functions.

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 SpotWorks.

SpotWorks may have to disclose some or all of a User’s Personal Data to third party service providers so that SpotWorks 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 SpotWorks; 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 SpotWorks Data Privacy Policy document. 2Checkout (2CO), 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 will also have access to the Site for the purpose of maintenance, revisions, updates, etc. Other disclosures of Personal Data may occur where SpotWorks 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 SpotWorks or any other Users’ rights and property; etc.

2.4. STORAGE OF PERSONAL DATA

SpotWorks 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. Any changes to Personal Data will require the User to be reapproved by SpotWorks 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 SpotWorks, 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 SpotWorks, but may be modified, updated and/or deleted by the author (User) by emailing or calling SpotWorks.

2.7. THIRD PARTIES, LINKED SITES AND ADVERTISEMENTS

When a User follows a linked Site or advertisement from the Site and/or in any way leaves the Site, the User may end up on another Site and/or in contact with an entity other than SpotWorks, which may decide to collect their own data from the User, including Personal Data. SpotWorks 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 Site’s and/or entity’s own data privacy policy (whether or not that Site and/or entity has one), which SpotWorks has in no way vetted or approved, and for which SpotWorks accepts no responsibility in whatsoever form.

3. NON-PERSONAL DATA

3.1. NON-PERSONAL USER DATA

In order to make full use of the Site and its services, the User will have to submit Non-personal Data, examples of which could include: any task details as required by the Site’s task form; any detailed project files; any information shared on the collaboration page; etc. The Non-personal Data entered in the Site’s task form by a User is considered low sensitivity and will be posted on the Site’s task board; the task board will be visible solely to SpotWorks, but not to any other 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 User and the SpotWorks, is visible solely to the User and SpotWorks.

3.2. 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 User hereby agrees that any images present within an SpotWorks portfolio and can be used by SpotWorks, at SpotWorks 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 User on the relevant collaboration page are transferred from the SpotWorks, who created said Images, to the User, who commissioned said Images, as evidenced in the relevant User/SpotWorks Agreement; whilst still allowing for the use of said Images by the SpotWorks, within his portfolio, and for advertising purposes.

3.3. STORAGE OF NON-PERSONAL DATA

SpotWorks 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 task closure, the collaboration page, its files, messages, marks and images are deleted. The high resolution images will be accessible by the Client through his User account, but only for a finite period of time as deemed reasonable exclusively by SpotWorks. It is fully and solely the User’s responsibility to ensure he has obtained and made backups of the final high resolution images.

4. COOKIES AND RELATED TECHNOLOGY

This Site’s pages or e-mail messages may contain cookies, web beacons (also known as clear gifs), or similar technologies as they become available. Cookies are information files that this Site may place on your computer to provide extended functionality. The SpotWorks may use cookies for a number of purposes, such as tracking usage patterns on the Site, measuring the effectiveness of advertising, limiting multiple responses and registrations, facilitating your ability to navigate the Site and as part of a verification or screening process. Most browsers are initially set up to accept cookies. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions, “Help” screen, or similar such resource to learn more about how to manage cookies and possibly reset your browser to refuse all cookies or to indicate when a cookie is being sent by indicating this in the preferences, options, or similar such menu in your browser. However, it is possible that some parts of this Site will not operate correctly if you disable cookies and you may not be able to take advantage of some of this Site’s features. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.

The SpotWorks web pages may include advertisements for third parties and their products, and those third-party advertisements may include a cookie or web beacon served by the third party. The SpotWorks does not control cookies in such third party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. The SpotWorks Privacy Policy does not cover the use of information collected from you by third party ad servers. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this and other Site’s in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.

A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. The SpotWorks may use web beacons to count visitors to the web pages on the Site or to monitor how our users navigate the Site, and the SpotWorks may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.

5. CHANGES TO THIS PRIVACY POLICY

SpotWorks reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Site and can request that the SpotWorks removes the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the SpotWorks has about Users.

6. Nondisclosure agreement (NDA) for SpotWorks® client

To secure sensitive data of our clients, we offer to sign a NDA (non-disclosure agreement) with SpotWorks. In order to sign a NDA with us, you need to apply to your client manager. What are the benefits of signing a NDA with SpotWorks and what does it guarantee?

SpotWorks respects your professional artwork as well as other intellectual property shared with us and will only use it to assist you with your goals. Your copyrights will remain yours.

SpotWorks will not take your artwork and other intellectual property for use on any other site, resell it, or give it to anyone under any circumstance.

SpotWorks guarantees that all information that you share with us, including artwork and other intellectual property, contact information, and client notes, will remain confidential.

SpotWorks will never contact your clients or the clients of your clients. We respect your business.

Notwithstanding the foregoing, SpotWorks may disclose any such information in response to a valid order of a court or other government body or as required by law, but only that portion of the Confidential Information which is legally required to be disclosed, or such information as may be required to resolve any dispute between you and SpotWorks.

When a project begins, all our clients become beneficiaries of one of the 2 types of rights to their project project results.

6.1 Standard Image Rights

This is the type of rights all SpotWorks clients benefit by default. This means that we reserve the right to use the project imagery for our marketing and advertising purposes. The materials we can use them for include, but are not limited to, social media posts and advertisements, printed and online catalogs, price-lists, booklets, blog articles, our portfolio, posts on any other platforms.

It’s important to note, however, that this applies to project results only. We do not disclose any files or documents sent by the client, i.e. construction plans.