Pond5 Privacy and Cookie Policy

Effective on January 1, 2020
Pond5, Inc., Pond5 Media Ireland Limited and their subsidiaries (collectively,"Pond5", “we” and “us”) own and operate the www.pond5.com website, the stock media marketplace and platform thereon, and the other websites and mobile applications of Pond5 and its subsidiaries (together with such website, collectively, our "Website").
Please read this policy and contact us if you have any questions. By accessing or using our Website, you consent to our collection, use, processing and sharing of your personal information/data in accordance with this policy.
Pond5 is committed to protecting your privacy. This policy tells you about our collection, use, processing and sharing of your personal information and our use of cookies. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information. The terms of this policy apply to all personal information collected by Pond5 on or through our Website. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

Collection of Personal Information 

We may ask you to provide us the following types of personal information from you:
  1. Information collected when you set up a Pond5 account or visit our Website including identifiers such as your member name and password, your name, your mailing and resident address, email address and phone number. Passwords are collected and stored in an encrypted format by an automated process.
  2. Information collected when you make a content license purchase, including identifiers such as your billing address, payment information and if applicable, your VAT identification number. As noted below under “Payment Gateways”, payment information such as your credit/debit card or financial account number is provided through a secure tunnel interface directly to a 3rd party payment processor, and is not accessible to or collected by us.
  3. Commercial information including information you provide us about your business such as company name, company size, business type and content searched for, provided or downloaded by you and amount paid to or by you.
  4. If you become a Pond5 content contributor, certain additional information may be requested and collected when you sign-up as a contributor or modify your Pond5 account, including (i) financial information such as banking and other financial institution or payment gateway information required in order for us to compensate you; (ii) identifiers such as your government taxpayer identification number, required in order for us to prepare tax information documents; (iii) background information about you and your content that we determine is needed to assist us in marketing your Content, identifiers that enable us to confirm your identity or your rights to the content you are providing to us; and (iv) as an additional identifier, a copy of your photo identification (for example, your driver's license).
You may always choose not to provide personal information, but if you so choose, you may be ineligible to be a Website content contributor or customer, or participate in or complete transactions on our Website and/or certain other services may not be available to you.
In addition to the above, for each visit to Website, Pond5 collects IP address and the type of device accessing Website (for example mobile phone or desktop), and we store and associate this information with your Pond5 Website account. If you register your Website account using your Facebook account, we also collect your Facebook user name and email address to authenticate your account.

Cookies and Other Tracking Technologies 

We may use Pond5 and third party cookies and other tracking technologies to facilitate Website users use of the Website, for example, to keep track of Internet or other electronic network activity information such as information regarding Website users’ preferences, Website activity and profile information and the IP address of the devices the Website users use to access the Website, which may include identifiers and geolocation information. The information enables us to link such information to the Website users’ Pond5 accounts and provides verification of their identifying information. Cookies and other tracking technologies are also used to collect general usage and volume statistical information that does not include personal information.
Most web browsers automatically accept cookies but provide controls that allow you to block or delete them. Instructions for blocking or deleting cookies in other browsers may be available in each browser's privacy or help documentation. But please be aware that certain features and capabilities of the Website depend on cookies, so if you choose to block cookies, you may not be able to use those features or capabilities, and your preferences that are dependent on cookies may be lost. If you choose to delete cookies, settings and preferences controlled by those cookies will be deleted and may need to be recreated.

Website Analytics

We use third party website analytic services, including Google Analytics and New Relic, to gather information about how you and others use our Website, and to facilitate Website users use of the Website. For example, we will know how many users access a specific page and which links they clicked on. We may use this aggregated information to understand and optimize how our Website is used and the information regarding your activity on the Website to assess your content and needs so that we may offer content and/or services to meet such needs. To find out more about Google Analytics please visit: https://support.google.com/analytics/answer/6004245, or about NewRelic please visit: https://docs.newrelic.com/docs/using-new-relic/new-relic-security/security/data-security.

Web Beacons

Certain of our emails may contain electronic images known as Web beacons (sometimes called single-pixel gifs) that are set by our third party service providers. Web beacons are used along with cookies enabling us to associate your responses to your Website account and/or compile aggregated statistics to analyze how our email campaigns are received by their recipients.

Locations where your data may be Stored or Processed

Personal information collected by Pond5 may be shared with its affiliates and subsidiaries and may be stored and processed in the U.S., Ireland or any other country in which Pond5 or its affiliates or subsidiaries or agents maintain facilities, and by providing us with your personal information and using our Website or services, you consent to any such transfer of information outside of your country.

Use of your Personal Information

  1. As is true of most internet sites, we use identifiers, cookies and other tracking technologies and electronic network activity information to automatically gather information about your web session such as your IP address, browser type, referring/exit pages, and operating system. We use this information to administer your Pond5 account and to process your transactions.
  2. If you are a content contributor, we use identifiers, cookies and other tracking technologies and electronic network activity, financial and commercial information to verify your identity, identify your uploaded content as your content, review your content, process payment and information to be provided to you and to prepare tax information documents.
  3. We use identifiers to communicate with you about your transactions, new products and services including transaction-related communications such as welcome letters, billing reminders, and purchase confirmations.
  4. We use identifiers, cookies and other tracking technologies and electronic network activity, financial and commercial information to provide customer service.
  5. We use identifiers to send you requested content, sales or service information.
  6. We use identifiers, cookies and other tracking technologies and other electronic network activity information, and financial and commercial information and electronic network activity, financial and commercial information to assess the needs of your business to determine suitable content or services.
  7. We use identifiers, cookies and other tracking technologies and other electronic network activity information, and financial and commercial information and financial and commercial information to display content that is customized to your interests and preferences.
  8. We use identifiers and financial and commercial information to respond to customer content or services requests.
  9. We use identifiers to send you a newsletter or information about our content, services, programs and offerings or other information or offers that may be of interest.
  10. We use identifiers, cookies and other tracking technologies and other electronic network activity information, and financial and commercial information and financial and commercial information to perform anonymized research and analysis aimed at improving our content, services and technologies, including sending you surveys.
  11. We use identifiers and commercial information to run contests, select entrants, and choose prize winners.
  12. We use identifiers to operate our blogs or comment areas of our Website.

Information Obtained Regarding Third Parties

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

Information Sharing 

We do not sell your personal information to third parties.

We will share your personal information with third parties only in the ways that are described in this privacy policy. We may disclose your personal information to third-party service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, processing or management, to host websites or computer servers, to fulfill orders and shipments, to assist in marketing, to conduct audits, etc. Those third-party service providers (i) are permitted to obtain only the personal information they need to provide the service, (ii) are required by Pond5 to protect personal information to the same extent as Pond5 and as required by applicable law, including, if they process personal information of persons residing in the EU, the GDPR, and if they process personal information of persons residing in California, the California Consumer Privacy Act (CCPA), (iii) are permitted to use such personal information only for the purposes for which it is provided to them, and (iv) are prohibited from using it for any other purpose.
In addition, if you apply/have applied to be a contributor of Content to the Pond5 marketplace, in order to protect Pond5 customers and the integrity of the Pond5 marketplace, we share some of your personal and other information with Sift Science in order to facilitate their ability to provide Pond5 with their fraud prevention services. This information includes identifying information, commercial information and Internet or other electronic network activity information. Sift Science has represented to us that they are compliant with applicable privacy laws, including the CCPA and (as a data controller) the GDPR. For more information regarding Sift Science treatment of your personal information, see https://sift.com/service-privacy.
We may also disclose your personal information:
  1. as required by law such as to comply with a subpoena, or similar legal process;
  2. when we believe in good faith that disclosure is necessary to protect our rights or comply with law, protect your safety or the safety of us or others, investigate fraud, defend ourselves from legal claims, or respond to a government request;
  3. if you are a content contributor, when we believe in good faith that disclosure is necessary and appropriate to facilitate the sale of licenses to your content;
  4. if Pond5 is involved in a merger, acquisition, or sale of all or a portion of its assets; (In such event, you will be notified via email and/or a notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information);
  5. to our legal counsel and auditors; or
  6. to any other third party with your prior consent to do so.
  7. If you have entered into and/or won a Pond5 contest, we or a contest sponsor may publish your name and city of residence.

Payment Gateways and Processors

We have arrangements with PayPal and Adyen under which they act as a payment gateway for our customers to finalize and pay for their purchases. You may choose and arrange with the payment gateway to process payments from you to us. If you are a Pond5 content contributor, you may choose and arrange with a payment gateway or processor to process payments from us to you. In either case, and you will provide your credit/debit card and/or financial institution account information directly to the payment gateway or processor through a secure API tunnel and is not accessible to or collected by us. The applicable payment gateway/processor’s privacy policy will apply to the information you provide to them.

Links to Other Internet Sites

Our Website includes links to other Internet sites whose privacy practices may differ from those of Pond5. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Internet site you visit.

Security 

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us at privacy@pond5.com. If you have any question about the security of a payment gateway or processor, you should contact the payment gateway or processor.

Additional Policy Information 

Website Blogs and Forums

Our Website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

Deletion or Restriction of Our right to Store or Process your Personal Information

Under the GDPR, you have the right to restrict processing of your personal information. And under the GDPR and the California Consumer Privacy Act (CCPA), you have the right to request deletion of your personal information. However these rights are not absolute, and we will continue to retain and use your personal information as we determine is necessary for management of continuing contractual rights and obligations, the establishment, exercise or defense of legal rights or claims or protect our or other Pond5 contributors or licensee rights, which would include our need to comply with our contractual and other legal obligations, resolve disputes or claims, and enforce our agreements. We extend these rights to persons everywhere. However, if you have contributed any content to the Website or downloaded or licensed any content from the Website, because your and our contractual obligations and the rights grant by us to our licensees are perpetual and we could be subject to legal claims for many years, in most cases, we would not delete or stop use of your information.
If you would like to restrict processing of or request deletion of your personal information, contact us at privacy@pond5.com or the following toll free (from the U.S.) telephone number +1(855) 410-6789, or just complete, scan and email us the online Personal Information Deletion Request Form. Before we can honor any such request, we need to verify that the request is really by you (or if it relates to a minor of less than 16 years, his/her parent or legal guardian). In order for us to verify that any such request is really being made by you, we will need you to provide us with your full legal name and email address that matches the information in our records. In addition, if you have an active contributor or customer account with us, we may contact you and ask you to provide other additional information about you or your request.

Reviewing and Correcting and Updating your Personal Information

Under the General Data Protection Regulation (GDPR), if you are an EU resident, you have the right to request a copy of, review and/or update your personal information and to correct any of your personal information in our records that is inaccurate. And under the California Consumer Privacy Act (CCPA), if you are a California resident, you have the right to request (1) The categories of personal information we have collected about you, (2) The categories of sources from which the personal information is collected, (3) our business or commercial purpose for collecting such personal information, (4) The categories of third parties with whom we share your personal information, and (5) the specific pieces of personal information that we have collected about you. We extend the GDPR rights to persons everywhere. If you would like to exercise these rights, contact us at privacy@pond5.com or the following toll free (from the U.S.) telephone number: +1(855) 410-6789, or complete the online Personal Information Review Request Form. Before we can honor any such request, we need to verify that the request is really by you (or if it relates to a minor of less than 16 years, his/her parent or legal guardian). In order for us to verify that any such request is really being made by you, we will need you to provide us with the following:
  1. A physical or scanned copy of the Personal Information Review Request Form, completed and signed by you.
  2. A photocopy of your proof of identity (e.g. passport or driver’s license).
  3. A photocopy of proof of address (e.g. utility bill).

Email Opt-Out

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, visiting your user preferences page, or you can contact us at privacy@pond5.com.

Notification of Privacy Policy Changes

We may update this privacy policy to reflect changes to our information practices or law or new information at any time and from time to time without notice. We encourage you to periodically review this page periodically for the latest information on our privacy practices. Your continued access to or use of the Website after any such changes are posted will constitute your acceptance of and agreement to the changes. Again, the privacy policy and security practices of payment gateways and processors used to process payments to or from Pond5 will apply to information you provide to them. We encourage you to read those privacy policy before providing your information.

Contact Information 

You can contact us about this privacy policy by writing or email us at the address below:
Pond5 Inc.
251 Park Ave South
7th Floor
New York, NY 10010
Attention: Privacy
Email: privacy@pond5.com