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General Terms and Conditions

(Version 2019.09.01)

A. INTRODUCTION

1. General

1.1. Picstars ("Picstars" or "We") offers services and products (the "Services") through its platforms, such as their smartphone apps and their web apps (the "Platform"), which enable creators / influencers / micro/nano influencers / talents / (the "Creator") to transform their social media content into marketing tools for brands (the "Brand") (together the "Users" or "You").

1.2. The Picstars contractual partner of a Brand is:

registered office of the Brand in the EU: Picstars Deutschland GmbH, Kohlfurter Straße 41-43, 10999 Berlin, Germany ("Picstars DE");

registered office of the Brand outside the EU: Picstars AG, Seestrasse 353, 8038 Zurich, Switzerland ("Picstars CH").

1.3. The Picstars contractual partner of a Creator is:

Registered office of the Brand in the EU for which the Creator is acting under this contract: Picstars Deutschland GmbH, Kohlfurter Straße 41-43, 10999 Berlin, Germany ("Picstars DE");

Registered office of the Brand outside the EU for which the Creator is acting under this contract: Picstars AG, Seestrasse 353, 8038 Zurich ("Picstars CH").

1.4. For services for which there is no agreement with a Brand, the Picstars contractual partner of a Creator is:

Registered office or domicile of the Creator in the EU: Picstars Deutschland GmbH, Kohlfurter Straße 41-43, 10999 Berlin, Germany ("Picstars DE");

Registered office or domicile of the Creator outside the EU: Picstars AG, Seestrasse 353, 8038 Zurich, Switzerland ("Picstars CH").

1.5. The respective Picstars contractual partner is hereinafter referred to as "Picstars".

1.6. By opening an account on the Platform, accepting a proposal from, signing a contract and/or using the Services, you agree to be bound by these General Terms and Conditions (the "GTC") and the Privacy Policy available at www.picstars.com/legal. This creates a contract between us and the User for the use of the Services (the "User Contract").

1.7. Our offer is aimed exclusively at businesses. A business is a natural or legal person or a partnership with legal capacity, that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.8. Picstars reserves the right to unilaterally change these GTC and will post such changes as described below.

2. Accounts and use of Services

2.1. To open an account on the Platform, you must be either a Creator or a Brand. When you open an account with Picstars, you must provide us with accurate and complete information. Additional conditions may apply.

2.2. By clicking on the button ["Sign up"], you make an offer to conclude the contract for the use of the Services and agree to the GTC and the Privacy Policy of Picstars in force at the time of registration. We accept this offer by sending a confirmation email to the email address provided during registration. We reserve the right to refuse the registration without giving reasons.

2.3. The registration is free of charge.

2.4. Subject to these GTC, you are hereby granted a non-exclusive, non-transferable, freely revocable license, limited in time to the duration of the User Contract, to use the Services in accordance with the functional scope of the Services. Picstars reserves all rights not expressly granted herein.

2.5. The services may include:

a. the provision of services via the Platform (including the apps (the "Apps") for the Creators and the Cockpit (the "Cockpit") for the Brands) to the Brands and to the Creators, enabling the Creators to provide advertising and/or sponsorship services for the Brands;

b. the promotion of Creators on the Platform, the placement of Creators with brands and the placement of brands with Creators;

c. other services agreed between the parties.

 

B. USE OF THE PLATFORM

3. USE OF THE PLATFORM

3.1. Subject to these GTC, we grant you a non-exclusive, non-transferable and revocable license to use the Platform, limited in time to the duration of the User Contract.

3.2. Users acknowledge that the use of the Platform requires compatible devices. In addition, some services may require different social media accounts to be connected to the Platform.

4. Contents on the Platform

4.1. Some areas of the Services allow users to publish or provide content such as profile information, videos, images, music, comments, questions and other content or information (such images, videos and other material that a user submits, publishes, displays or otherwise makes available through the Services is referred to as "User Content"). The User is responsible for all the User Content posted by the User. Picstars does not claim ownership of any User Content created by you. 

4.2. You agree not to publish any User Content that is or contains any User Content: (i) present a risk of harm, loss, physical or mental injury, emotional distress, death, disability, defamation or physical or mental illness to you, another person or animal; (ii) present a risk of other loss or damage to any person or property; (iii) seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise.(iv) constitute or contribute to a crime or tort; (v) contain any information or content that we believe to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, invasive of privacy or publicity rights, harassing, degrading (public or otherwise), libelous, threatening, profane, obscene or otherwise objectionable; (vi) contains information or content that is unlawful (including, without limitation, disclosure of inside information under securities laws or trade secrets of third parties); (vii) contains information or content that you are not authorized to provide, whether by law, contract or fiduciary process; or (viii) contains information or content that you know is not accurate or current.

4.3. You agree that the User Content you post does not infringe any rights of any third party, including without limitation any intellectual property rights (as defined below) or privacy rights..

4.4. Picstars reserves the right, but has no obligation, to refuse and/or remove any User Content which Picstars, in its sole discretion, believes to be in breach of these GTC.

4.5. You grant Picstars a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, distribute, modify, create derivative works from, perform and distribute the User Content (including the Shared User Content as defined below) through your social media channels, the Platform and partner platforms (partner apps, brand apps, partner websites, brand websites, integration into other media with widgets, etc.) for the purpose of operating, developing, delivering and using the Services.

4.6. In addition, you grant us a limited license to use the User Content (including the Shared User Content) for reference purposes (for example, on the Platform and the Websites), to promote creators, and for marketing purposes.

4.7. Nothing in these terms and conditions restricts other legal rights of Picstars to user content, e.g. under other licenses..

 

C. ADVERTISING / SPONSORING

5. General information

5.1. Picstars undertakes to provide the advertising/sponsoring services agreed between Picstars, the Brand and the Creator(s).

5.2. The Brand allows its User Content to be embedded into the Creator's User Content in accordance with the services agreed between the parties (the "Shared User Content").

5.3. The Brand, Creator and Picstars may use the Shared User Content during the agreed campaign(s) and 30 days thereafter. Any further use requires the express consent of Picstars.

5.4. The Brand and the Creator confirm and agree that analytical data on campaign reach may be based on assumptions and comparative data. This is because Picstars does not provide the date depending on the social media channels (Facebook / Instagram / Twitter) and the type of user account (private vs. professional). Therefore, accuracy cannot be fully guaranteed. However, Picstars' reports are binding for the calculation of the fees (if the fees are based on them)..

6. Duties of the Creator

6.1. As a Creator, you agree that by publishing User Content for a Brand, you are acting as an ambassador for such Brand. As such, you agree to

a. to represent the interests of the Brand;

b. to publish only such content as best represents those interests;

c. to follow the instructions of the Brand;

d. Identify your User Content so that it complies with the law (e.g. in Germany the Rundfunkstaatsvertrag), competition, youth and media laws, and the terms and conditions of the social media platforms you use;

e. not use any means to promote the User Content you publish on behalf of a Brand by maliciously and/or harassingly manipulating or inciting others;

f. not use any means to solicit fake followers, likes or comments to increase the reach of your User Content.

6.2. As Creator, you agree:

a. to provide Picstars with access to your social media accounts, profiles, images, posts, etc., so that Picstars can provide the Services;

b. to publish your User Content in accordance with the Services, publish it on social media platforms, and remove it at Picstars' request;

c. that Picstars places its own brand, brand material, comments, tags, campaigns and other information on and about User Content in accordance with the Services.

6.3. As a Creator, you agree that by posting your User Content on your social media channels, you accept and agree to be bound by the terms and conditions of those social media channels.

6.4. As a Creator, you agree that Picstars will analyze the reach of your user content on the various social media channels, including sharing (including re-tweets), interests (likes) or comments, etc., in order to ensure that your content is relevant to you..

7. Relationship between the Creators and the brand

7.1. The Creators and the Brands recognise and agree that a Creator’s sponsorship and advertising services for a Brand establish a direct contractual relationship between them.

7.2. Picstars does not warrant that Creators and Brands will act in good faith and/or comply with their contractual obligations under these Terms and Conditions when using the Services. The Brand is therefore responsible for any control and intervention if a Creator does not meet the expectations of the Brand. This includes, but is not limited to, contributions that do not meet the agreed specifications. Through the cockpit, however, the brand has insight into the activities of its Creators and thus the opportunity to contact and influence their Creators.

7.3. Picstars undertakes to notify the Brand and the Creator of any breach of these Terms and Conditions and to temporarily remove or block any content deemed or deemed to be in breach of this Agreement.

7.4. The Creator and the Brand have the right to agree further rights and obligations applicable to them provided that (i) these conditions do not affect the rights and obligations of Picstars under these GTC and (ii) no further compensation is agreed between the Creator and the Brand for the Services unless Picstars gives its express and prior consent.

 

D. FEE-BASED SERVICES

8. Picstars Fees

8.1. Certain aspects of the Services may be offered for a fee (the "Picstars fee"). If Picstars offers paid Services and you choose to use the paid aspects of the Services, you will be notified of the prices and terms of payment in advance.

8.2. Picstars may add new Services for additional fees and charges, add fees and charges for existing services or change them for the future at any time in its sole discretion.

9. Creator Fees

9.1. Certain services of Creators to Brands can be provided for a fee (the "Creator Fee") and are paid either directly by the Brand to the Creator or indirectly through Picstars.

9.2. In the event that Picstars charges this Creator Fee to the Brand on behalf of the Creator, Picstars will pay the Creator on behalf of the Brand. The Creator's fee will be paid to the Creator at the earliest when Picstars has been paid by the Brand.

9.3. If there is any amount left over for Creator Fees after the agreed campaign has ended, this amount will be available to the Brand for future campaigns but will not be refunded unless otherwise agreed. If this amount is not used within 18 months of the end of the last brand campaign, the amount will be due to Picstars.

9.4. If a Creator does not provide the services as agreed, he is not entitled to the payment of the Creator's fee. If the Creator has been arranged by Picstars, the Brand will be entitled to a proportional refund of the Picstars fee and a refund of the remaining Creator Fee, unless Picstars provides an equivalent Creator. If the Creator has been appointed by the Brand, the Picstars Fee will remain due and the remaining Creator Fee held by Picstars may be used for future campaigns as described above.

9.5. If the services provided by a Creator are subject to VAT, the Creator Fee is deemed to be inclusive of VAT and the Creator undertakes to provide either the Brand or Picstars (whatever the case may be) with the required VAT-compatible invoice.

9.6. In the event that the services provided by a Creator are subject to social security contributions, taxes or other charges to which an employer is normally subject, the Brand acknowledges these costs and undertakes to bear them and to indemnify Picstars.

 

E. INTELLECTUAL PROPERTY

10. Picstars' property rights

10.1. Except for your User Content, the Services and all materials contained therein or transmitted thereby, including but not limited to software, images, text, graphics, illustrations, logos, patents, trademarks and service marks (including but not limited to the Picstars Brand), copyrights, photographs, audio, videos, music and User Content owned by other users (the "Picstars Content"), and all related intellectual property rights, are the exclusive property of Picstars and its licensors (including other users posting User Content on the Services). Except as expressly provided in this Agreement, nothing in this Agreement constitutes a license in or under such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publicly display, publicly perform, publicly adapt, adapt, adapt, or create derivative works from any Picstars Content. Use of the Picstars Content for any purpose not expressly permitted by the User Contract is strictly prohibited.

10.2. Picstars reserves all rights in the Picstars Content that are not expressly granted in these GTC, and no right or license to the Picstars Content is granted to you except as expressly set forth in these Terms.

 

F. CONFIDENTIALITY AND DATA PROTECTION

11. Secrecy

11.1. Picstars undertakes not to disclose to third parties any confidential information that has come to its knowledge in the course of the preparation, execution or performance of this contract, in particular the business or trade secrets of the User, and not to pass this information on to third parties without the authorization of the User.

11.2. This applies to any unauthorised third party unless the disclosure of information is necessary for the proper performance of Picstars' contractual obligations.

12. Data protection

12.1. Picstars is entitled to pass on all user data to group companies for the purpose of providing the Services via these group companies.

12.2. Picstars is authorized within the scope of the legal regulations to store and evaluate user data for operational purposes (in particular market research). Anonymised data may also be used further. The User hereby expressly agrees.

 

G. CONCLUDING PROVISIONS

13. Duration and termination

13.1. The contractual relationship may be terminated by either party at any time without notice. However, if the parties have agreed on certain services, the contractual relationship can only be terminated at the end of the agreed services.

13.2. Each party shall have the right to terminate the User Agreement for cause by notice to the other party, including but not limited to (i) a material breach of agreement by the other party and such material breach of agreement has not been remedied within 10 days after notice of such breach; (ii) there is a repeated breach by the other party and such breach has been notified to the other party; (iii) bankruptcy proceedings have been instituted in respect of one party's assets or the institution of such bankruptcy proceedings has been refused in the absence of assets corresponding to the costs of such proceedings or its business has ceased in the normal course of its business or is being wound up or dissolved.

14. Limitation of liability and indemnity

14.1. Picstars strives to provide a trouble-free operation of the Platform permanently. This is naturally limited to services over which Picstars has an influence. However, Picstars acknowledges that a complete and uninterrupted availability of the Platform is not technically feasible. In particular, Picstars reserves the right to restrict access to the Platform in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns and other events beyond its control.

14.2. The liability of Picstars for damage caused by and in connection with the exercise of rights and obligations under the User Contract is excluded. This does not apply to:

a) damages resulting from injury to life, body or health which are based on a negligent breach of duty by Picstars or a legal representative or an auxiliary person of Picstars;

b) damage resulting from a breach of duty by Picstars or a legal representative or an auxiliary person of Picstars with regard to essential contractual rights and obligations which are indispensable for the proper performance of the contract and which endangers the achievement of the purpose of the contract (cardinal obligations);

c) damages which are based on an intentional or grossly negligent breach of duty by Picstars or a legal representative or an auxiliary person of Picstars;

d) the liability according to the product liability law.

14.3. The liability of Picstars for damages which are not due to injury to life, body or health and which are due to a negligent breach of duty by Picstars or a legal representative or an auxiliary person of Picstars, is in any case limited to contract-typical and foreseeable damages.

14.4. The disclaimer and/or limitation of liability of Picstars shall also apply to the legal representatives and agents of Picstars.

14.5. Picstars is not obliged to check the User Content and assumes no responsibility for it.

14.6. In the event that third parties assert claims against Picstars for violation of their rights based on user content or any other use of Picstars, you indemnify Picstars against all claims and damages, including court and attorney fees.

15. Miscellaneous; Amendments to the General Terms and Conditions of Business

15.1. Should individual provisions of these GTC be or become invalid or contestable in whole or in part, this shall not affect the validity of all other provisions or agreements. The contracting parties undertake to replace the ineffective provision by one that corresponds economically to the purpose of the contract.

15.2. These GTC constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, negotiations and discussions between the parties with respect thereto. Users' terms and conditions do not apply.

15.3. The parties declare that each party has the right, power and authority and has taken all necessary measures to execute and fulfil its rights and obligations under these GTC.

15.4. The failure of either party to exercise or enforce any right under these GTC shall not be deemed a waiver of that right or a waiver of its exercise or enforcement at any time thereafter.

15.5. The contractual relationship and the resulting rights and obligations may not be transferred or assigned by you, but are fully transferable by Picstars.

15.6. Picstars may, in its sole discretion, send you notices, whether required by law or for marketing or other business purposes, by e-mail, in writing or on paper, or by posting such notice on our website. Picstars reserves the right to determine the form and method of notification of our users.

15.7. Picstars reserves the right to change these GTC at any time, as far as changes are concerned, which do not unreasonably disadvantage the user. Changes of the GTC will be announced at least four weeks before their coming into effect by e-mail. The changes are regarded as approved, if the User does not contradict the changes within four weeks after our communication by e-mail to terms@picstars.com. Picstars will inform the user of your opportunity to object and the significance of the deadline in the event of a change to the GTC. If the user makes use of his right of objection, Picstars has the right to delete his user account with effect from the date on which the amended GTC are to come into force. Picstars will also draw the user's attention to this separately.

16. Applicable law and place of jurisdiction

16.1. These General Terms and Conditions are exclusively subject to the law at the registered office of Picstars (Federal Republic of Germany or Switzerland, depending on whether the contractual relationship with Picstars DE or Picstars CH was entered) under exclusion of the UN Convention on Contracts for the International Sale of Goods.

16.2. Exclusive jurisdiction for all disputes resulting from these terms and conditions is the registered office of Picstars (Federal Republic of Germany or Switzerland, depending on whether the contractual relationship with Picstars DE or Picstars CH was entered).

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Privacy Policy

Privacy Policy

Welcome, and thank you for your interest in Picstars Ltd, Zurich, Switzerland (“Picstars”) and the Picstars Services, as described in the Picstars Terms of Use.
This Privacy Policy describes what information we gather from you, how we use and disclose that information, and what we do to protect it. By using the Picstars Services, you expressly consent to the information handling practices described in this policy.
This Privacy Policy is incorporated into and is subject to the Picstars Terms of Use.

What information do we collect?

We collect information in a few different ways:

1. When you give it to us or give us permission to obtain it

When you sign up for or use our products, you voluntarily give us certain information. This can include your name, profile photo, comments, likes, email address you used to sign up, and any other information you provide us. If you’re using Picstars Services on your mobile device with the Picstars App, you provide us with information such as location data, address books and the pictures stored on your device and information you enter in the Picstars App.

You also may give us permission to access your information in other services. For example, you may link your Facebook, Twitter and other social media accounts to, which allows us to obtain information from those accounts (like your friends, contacts, pictures, comments, shares, etc.). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are. Please note however, that depending on how you configure your settings, the Picstars Services may be limited and may not be provided at all.

2. We also get technical information when you use our products

These days, whenever you use a website, mobile application, or other internet service, there’s certain information that almost always gets created and recorded automatically. The same is true when you use our products. Here are some of the types of information we collect:

Log data. When you use Picstars Services, our servers automatically record information (“log data”), including information that your browser sends whenever you visit a website or your mobile app sends when you’re using it. This log data may include your Internet Protocol address, the address of the web pages you visited that had Picstars features, browser type and settings, the date and time of your request, how you used Picstars, and cookie data.

Cookie data. Depending on how you’re accessing our products, we may use “cookies” (a small text file sent by your computer each time you visit our website, unique to your Picstars account or your browser) or similar technologies to record log data. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). For example, we may use cookies to store your language preferences or other settings. Some of the cookies we use are associated with your Picstars account (including personal information about you, such as the email address you gave us), and other cookies are not.

Device information. In addition to log data, we may also collect information about the device you’re using the Picstars Services on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.

3. Information from your social media channels

We collect information from your connected accounts (your social media accounts), especially regarding the Ambassador Content that you post through the Picstars App, such as the number of views, the comments, the shares, the likes, the tweets, the re-tweets, etc. But we may also collect information on content that was not posted through the Picstars App.

4. Information from a third party app

When you use our platform through a third party app that uses Picstars Services, we collect information the same way as mentioned above in section 1.

How do we use the information we collect?

We use the information we collect to provide the Picstars Services, make them better, develop new products, and protect Picstars, the Picstars and the Brands.

What services do we use?

The website and platform use functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States.

The website and platform uses so-called Google Web Fonts, which are provided by Google, for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.
For this purpose, the browser you are using must connect to Google's servers. This enables Google to know that your IP address has been used to access our website. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online services. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.
If your browser does not support web fonts, a standard font will be used by your computer.
Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/.

To enable a quick search for ambassadors, our platform uses the service of Algolia (algolia.com).
The operating company of Algolia is Algolia Inc, 301 Howard St, 3rd floor, San Francisco, CA 94105 (USA).
This is a real-time search service, which gives the user direct feedback on his input. Algolia is committed to being GDPR compliant.
Algolia's current Privacy Policy can be found at https://www.algolia.com/policies/privacy.
For surveys, our platform uses the online survey tool Surveyhero (surveyhero.com).
SurveyHero is operated by enuvo GmbH, Seefeldstrasse 25, 8008 Zurich (Switzerland).
SurveyHero's current data protection regulations can be found at https://www.surveyhero.com/privacy.

Our platform PostMark (postmark.com) is used to send messages. The operating company of PostMark is Wildbit LLC, 225 Chestnut St., Philadelphia, PA, 19106 (USA).
Postmark is a service for sending messages. The mails sent via Postmark usually contain the data collected in the form. In order to be able to send the message, the e-mail address is passed on to Postmark. The processing takes place on servers in the USA. Wildbit LLC is certified according to the EU-U.S. Privacy Shield Framework (see https://www.privacyshield.gov/participant?id=a2zt00000004EKYAA2&status=Active).
Wildbit LLC's current Privacy Policy can be found at https://postmarkapp.com/eu-privacy and https://wildbit.com/privacy-policy respectively.

The website and platform uses the service Sentry (sentry.io) to improve the technical stability of our service by monitoring system stability and detecting code errors.
Sentry's operating company is Sentry, 132 Hawthorne Street, San Francisco, CA 94107, (USA).
Sentry does not evaluate data for advertising purposes. User data, such as information about the device or time of error, is collected anonymously and is not used for personal purposes and then deleted.
Sentry's current privacy policy can be found at https://sentry.io/privacy/.

The website and platform uses the service Hotjar (hotjar.com) to better understand the needs of users and to continuously optimize the product and service.
Hotjar is operated by Hotjar Ltd, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta.
Hotjar's current privacy policy can be found at https://www.hotjar.com/legal/policies/privacy.

We use the Insightly service (insightly.com) as a CRM system to maintain customer relationships.
The operating company of Insightly is Insightly Inc., 680 Folsom, Ste. #550, San Francisco, CA 94107, (USA).
Insightly's applicable privacy policy can be found at https://www.insightly.com/privacy-policy/

We host our systems at Amazon Web Services (aws.amazon.com). Amazon Web Services is operated by Amazon Web Services, Inc. 410 Terry Avenue North, Seattle WA 98109, USA.
For technical reasons, the infrastructure may be maintained from the USA. AWS has submitted to the EU-US Privacy Shield.
Amazon's current privacy policy can be found at https://aws.amazon.com/de/privacy.

We also use the information

to publish and share your Ambassador Content along with the Brand Material on your social media channels; we do only add Brand Material to your Ambassador Content, that you have specifically selected;

to make assumptions on the success of potential campaigns for Brands, so that we can optimize the potential of Picstars as Brand ambassadors

to suggest Brands to you based on your interests, audience and reach

to provide information to the Brands so that they can assess the success of campaigns

Respond to your questions or comments.

The information we collect may be “personally identifiable” (meaning it can be used to specifically identify you as a unique person) or “non-personally identifiable” (meaning it can’t be used to specifically identify you). We use both types of information, and combinations of both types, as described above.

What choices do you have about your information?

Our goal is to give you simple and meaningful choices over your information. If you have a Picstars account, many of the choices you have on Picstars are built directly into the product or your account settings. For example, you can:

Access and change information in your profile page

Change privacy settings

Link or unlink your Picstars account from a connected account

Close your account at any time. When you close your account, we’ll deactivate it and remove your information from Picstars. We may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam), as well as anonymised data. We also may retain copies of your information in case that a Brand has retained such right from you and instructs us to retain such information on his behalf.

How and when do we share information?

If you access the Picstars Services with a third party app, we may transfer your data to such third party app provider.

We may also employ third party companies or individuals to process personal information on our behalf based on our instructions and in compliance with this Privacy Policy. For example, we may share data with a security consultant to help us get better at identifying spam or with our accountants to make sure we’re keeping the books right. In addition, some of the information we request may be collected by third party providers on our behalf.

The Picstars Services may contain links to websites, embedded content from websites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.

Online advertisers typically use third party companies to audit the delivery and performance of their ads on websites and apps. We also allow these companies to collect this information on Picstars.

If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Picstars; or to detect, prevent, or otherwise address fraud, security or technical issues.

We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.

We may also share aggregated or non-personally identifiable information with our partners, advertisers, or others. For example, we may tell a Brand how many people shared something they shared, or the percentage of people who like a post after viewing it.

How do we make changes to this policy?

We may change this policy from time to time, and if we do we’ll post any changes on this page. If you continue to use Picstars Services after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or get your consent as required by law.

Our Commitment to Data Security

Picstars uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to Picstars, and you do so at your own risk. Once we receive your transmission of information, Picstars makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Picstars learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Picstars may post a notice through the Service if a security breach occurs.

In principle, the data is stored in Switzerland. However, Picstars works or may work with various cloud providers, and it cannot be excluded that data is stored in the USA, being said that Picstars only uses providers that are participants in the Safe Harbor program developed by the U.S. Department of Commerce and (1) the European Union and (2) Switzerland, respectively.

You acknowledge and agree that Picstars may at any time change the location of the data, provided such data is hosted in Europe, in Switzerland or with a provider that is participating in the Safe Harbor program developed by the U.S. Department of Commerce and (1) the European Union and (2) Switzerland, respectively.

Picstars Contact Information

Please contact Picstars with any questions or comments about this Privacy Policy, your personally identifiable information, our use and disclosure practices, or your consent choices by email: privacy@picstars.com.