BLURBAY PRIVACY POLICY
Effective Date: August 1st 2021
Introduction
When you access and use Blurbay, we collect certain data about you. This privacy policy describes the types of data we collect, how they are collected, who may access them, how we secure them, and other practices. This privacy policy applies to all users of the website, including if you are selling or buying picture or video content (“Content”) or just visiting.
Blurbay is a platform that provides Content owners or creators with the facility to upload and sell their Content for defined fees. By using Blurbay and submitting personal data to us, you represent that you have read this privacy policy and consent to how we handle your data. If you do not agree to our privacy practices, you may refrain from using Blurbay.
Other applicable agreements
This privacy policy forms a part of the other agreements applicable to your use of Blurbay. Please, review and agree to other applicable agreements (mostly referenced herein), including our Terms of Service. Together, these agreements represent the entire agreement with respect to your access and use of Blurbay.
About us
The entire Blurbay website and its services are operated by BlurBay Technologies OÜ (herein as “Blurbay Technologies”) from our base in Tallinn, Estonia. When you submit personal data on the website, you are submitting it to us, and we will use it in accordance with this privacy policy and any applicable law, including the General Data Protection Regulation (“GDPR”). We act as your data controller – we decide how the data we collect about you is processed. For any questions, complaints, and feedback regarding this privacy policy and our services, please reach out to us via:
Email: support@blurbay.com
Address: Vana-Viru 13 10111, Tallinn, Estonia.
The data we collect
When you access and use Blurbay, we collect personal data and other anonymous data. This data may be provided by you willingly or collected by us automatically. The categories of data are described further:
The data you provide to us
You may provide us with personal data in various kinds of ways, including when you request a user account and complete your profile; when you submit Content; when you contact us; when you make payment or request payout; when you submit verification documents; or when you submit personal data in any other form through the website. The information you may provide to us may include, without limitation, your name, email address, picture, location address, date of birth, phone number, payment card or bank account details, and others.
The data we collect from you automatically
We collect certain data automatically when you access and interact with Blurbay – whether as a user or visitor. The data we collect automatically may include (i) analytics and usage data, including the features you interact with on the website, the URL that referred you to the website, your search terms, your duration of use, the parts of the website you visit, etc.; (ii) your device data, including your device browser type, operating system, internet protocol (IP) address, geolocation, and other device identifiers; and (iii) your transaction data, including your purchases, earnings, amount, date of purchase, etc. We collect this data automatically via third-party tools (such as Google Analytics and Firebase) and cookies.
Your permissions
We may access certain features on your device to provide certain services (such as uploading your Content) based on your permission. We may request access to your gallery or file manager to enable you to upload your Content. We may also request permission to allow push notifications to be able to send our marketing messages. We will only access these features when you allow them. Even when you grant these permissions, you have the right to withdraw your consent at any time by adjusting your preference under site settings under your browser settings.
Why we collect your data
We collect your data for the reasons described below. Please, note, however, that there is no statutory obligation to provide us with this data. However, we may be unable to provide certain features if you do not provide us with this data. We collect your data:
· To provide you with a user account and access to certain features;
· To communicate with you, including responding to your questions, sending administrative messages, and informing you about interactions on your account or Content;
· To process your payments or earnings;
· To gather analytics about how users use and interact with the website and Content, which we later use to improve our services;
· To verify that some of the data you provide is accurate;
· For security purposes;
· To detect and prevent fraud and other illegal uses;
· To carry out our legal obligations – to keep records;
· To enforce our Terms of Service and other agreements;
· To publish and host your Content;
· To identify and develop new features;
· To market products we think may interest you;
· To facilitate your use of the website and provide upgrades where necessary; and
· To fulfill any other purposes disclosed at the time of collection.
Our legal basis for processing your data
We are allowed to collect personal data based on certain legal bases. We will only collect personal data:
· When you consentto it: We collect certain data based on your consent (for example, where you permit us to send you marketing messages via push notifications).
· To perform a contractwith you: Much of the reason we collect the data above is to perform the contract between us. Where you submit this data, we are expected to provide you with the services requested.
· To honor our legal obligation: We collect some data (such as transaction data) to honor our legal obligation. The law requires that we keep details of transactions performed by users through our service.
· To protect user interest: We collect some data to protect user interest. For example, where we suspect activity on a user account or a data breach situation, we will need the user’s contact data to reach out.
· To satisfy our legitimate business interest: We handle personal data – such as usage and analytics data – which helps us to improve Blurbay and its features.
· To protect public interest: We collect some data to protect the interest of the public (for example, where a user infringes on the rights of a third party).
Cookies
Third parties may use cookies on our website. Cookies are small text files stored on your computer or mobile device when you visit a website. Social Media Features and Widgets Our website may include social media tools and related features. These tools can collect information such as your IP address and other personal data, including details about the page you are visiting. They may also set or access cookies. Social media features and widgets may be hosted either directly on BlurBay or by third-party providers. For more information about the technologies they use, the data they collect, and how they process that data, please review their respective privacy policies. To assist you, we’ve provided links to the privacy policies of some commonly used services.
· Facebook and Instagram: Policy
· Google and YouTube: Policy
· TikTok: Policy
Cookies are tiny pieces of data attached to your browser when you visit a website or service. We use cookies on Blurbay to provide our services, including gathering analytics data, remembering user inputs and searches, hosting content, securing the website, and tracking user interactions on our content. To learn more about cookies, including how long we set cookies, how to delete cookies (or update your preference), and the types, please review our Cookie Policy.
Who can access your data
We do not share personal data with third parties for their direct marketing activities or profit. We will only share personal data about you for any purposes disclosed at the time of collection, with your consent, and as described below:
Data sharing with third-party service providers
We share personal data with third-party service providers we hire (including for payment processing, email sending, fraud detection, data storage, etc.) in relation to our services. For example, Google Inc. may have access to your email address to send any administrative messages on our behalf.
Data sharing between users
If you interact with another user (for example, where you purchase another user’s Content), such a user will have access to your profile data, including your pictures and name. Also, anyone can search for your profile name via the search bar at the top of the website and access your profile name, picture, and country.
Data sharing under legal and investigative purposes
We may share personal data at the request of the law. For example, where any competent law enforcement agency or court requests that we share data about you in relation to an investigation or in response to any earnings, we will comply. We may also share personal data about you in situations where such sharing is needed to prevent our intellectual property and rights, or the right of other users or third parties. We may also disclose personal data if we believe such disclosure will prevent any fraudulent, illegal, or unethical activity.
Data sharing with third parties at your request
You may request that we share certain data about you with third parties (for example, where you connect your social accounts to Blurbay and use the share feature). By so doing, we will share the applicable Content with the applicable third party.
Data sharing under a business transfer actions
We may share personal data about you in any business transfer activity – including the sale of assets, merger, acquisition, consolidation, bankruptcy, etc. – between Blurbay and another entity.
Data sharing during concerning surveys, sweepstakes, and promotions
If you enter into any surveys, sweepstakes, or promotions sponsored by another entity via the website, we may share information about you with such a sponsor, especially if you are required to submit personal information to take part in such events.
Our data retention policy
We do not retain personal data for longer than we need it. Unless you request to delete any applicable data, we will retain your data for at least 5 years (or any applicable period required by law). We may collect certain data (such as verification documents) and delete them from our database within 30 days.
Notwithstanding, some of your data, such as those that exist in backup copies and those shared with third parties, may be out of our control.
The security of your data
Blurbay Technologies cares about your privacy, and we use commercially reasonable security measures in safeguarding your data from unauthorized access or use. The website is HTTP secure, and all data transmission on the website is encrypted using Secure Socket Layer (SSL) Encryption.
We store your data with Amazon Web Service (AWS), a secure database management service by Amazon Inc. All data is stored using a secure password accessible only by authorized persons within Blurbay Technologies.
When you provide your credit card data, we do not have access to the details. The processing of your payments and payouts are handled by Stripe Inc. We do not store credit cards in our database, nor do we have access to them.
Furthermore, we do not disclose or sell personal information to third parties for their direct marketing activities. And we do not market to you via your email address.
However, despite the sophisticated measures we employ, we cannot guarantee that your data will always be secure from unauthorized access due to the nature of the internet. No method of data security has been proven to be 100% effective. We will strive and use everything commercially reasonable, but we make no guarantees.
Children policy
Blurbay is an adult-oriented platform. You may not access the website if you are below 13 years of age. And if you decide to create an account – wether to sell or buy Content – you must be at least 18 years of age (or the applicable age of majority in your location). By using Blurbay and submitting data to us, you represent that you meet the terms disclosed under this section.
Third-party links integration
The website may be integrated with links that lead to third-party services (for example, where a user connects their social accounts to their profile), which are not controlled by our service. Any third-party link available through Blurbay is for reference and informational purposes only. This privacy policy does not cover any third-party link or service available through the website. You should read the privacy policy that governs such links when you visit their service.
Your data rights
General user rights
You have the below rights in relation to your use of Blurbay. These rights include:
· The right to request access to, edit, and delete certain data we hold about you. You may edit or delete your Content by clicking on the Content and accessing the menu by the top right. To edit or delete your registration data from our database, you are to message us at support@blurbay.com with your account-associated email address.
· The right to be informed of the personal data we hold about you and how we process such data. You can always consult this privacy policy to be informed about our privacy practices.
· The right to withdraw your consent – if the processing of your data is based on your consent (for example, where we send you marketing messages via push notification, you may withdraw your consent via your browser settings).
· The right to request that we restrict the processing of certain data about you. You may reach out to us at support@blurbay.com to ask us to stop processing a particular data temporarily – to the extent possible.
· The right to data portability – which means that you should be able to take the data we hold about you and transfer it to another service without affecting its usefulness. Reach out to us via support@blurbay.com to exercise this right.
· The right to object to profiling or taking any decision about you automatedly.
· The right to report us to any privacy authority in your location if you believe that the way we handle your data is not as described under this privacy policy.
California residents
If you are resident in California, US, the California Consumer Privacy Act (“CCPA”) provides that we grant you the right to opt out of the sale of your data to third parties for their direct marketing activities. However, Blurbay does not, at this time, sell or share its users’ personal data with third parties for their direct marketing or profit. Nevertheless, you have the additional rights below:
· The right to know the categories of personal data we have collected or shared about you in the past 12 calendar months.
· The right to non-discrimination for exercising your rights.
You may exercise these rights by reaching out to us at support@blurbay.com. We may request to verify you. If you are designating an agent to exercise any of the above rights, they must provide a valid power of attorney as proof. We may also require them to provide a government-issued identity card and other verification documents.
Nevada residents
If you are using Blurbay from Nevada, you have the right to request that we do not sell your personal data (including your name, email address, and other data that can identify you) to third parties. Even though we do not engage in the sale if personal data, you can still opt out of any future sale. You may exercise this right by contacting us at support@blurbay.com.
Do Not Track
Blurbay does not engage in the tracking of its users’ behaviors across websites and services. Therefore, we do not, at this time, respond to any Do-Not-Track signals from any web browser.
The international transfer of your data
Blurbay is an EU-based company. We process the data you submit in our base in Estonia. However, some of our third-party service providers are based in locations outside of the EU, such as the US. When you transfer personal data to us, we will use it in accordance with the GDPR and applicable privacy laws, as described in this privacy policy. If we transfer personal data about users in the EU, EEA, and countries under the GDPR to countries outside these locations, we rely on approved data transfer methods.
Changes to this privacy policy
Circumstances, such as changes to applicable laws and our services, may force us to review and change some portions of this privacy policy at any time. Changes to this privacy policy may or may not be communicated to you. If we decide to communicate any major changes, we may do so using your account-associated email address or via your Blurbay account. Your continued use of Blurbay after any changes to this privacy policy represents your agreement to such changes.