Polaroid Legal

This Privacy Policy explains how Polaroid International B.V. (Polaroid, we or our) collects, stores and uses your personal data when you visit or make a purchase from our website including without limitation the sub domain names, hereinafter referred to as the Website), have an account and/or are a member of our loyalty program or if you are a user of a product or service offered by Polaroid or its affiliated companies. Please read this Privacy Policy carefully.

We respect your right to privacy. The processing of your personal data is subject to the rules of the General Data Protection Regulation ((EU) 2016/679) (GDPR), as well as the national implementation acts of the GDPR.

1. Who we are

Polaroid is a company registered with the commercial register in The Netherlands (Chamber of Commerce registration number 59065982) whose registered office is at Danzigerkade 16C, 1013 AP, Amsterdam, The Netherlands. Polaroid is part of the Polaroid group of companies. You may contact us on [email protected].

With regard to your personal data that we process (see paragraph 2), we are the controller within the meaning of the GDPR. This means we have certain statutory duties and responsibilities regarding our processing activities. This Privacy Policy serves to inform you on how we meet our duties and responsibilities.

2. The personal data we collect about you

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

Personal data you provide to us:

• User data: your (sur)name, your billing and delivery postal addresses, phone (including mobile phone), email details, your user name and password, any other information you choose to provide to us and payment details (all payment details you provide through our Website are processed and/or stored by a third party credit card or payment facilitator or processor, and not by us);
• Usage and preference data: we collect data about how you and other users interact with our services, preferences expressed (e.g. communication and shopping preferences), and settings chosen;
• Device data: we collect data about your computer or mobile device, including, for example, the hardware model, operating system and version, software, IP address, file names and versions and preferred language;
• Location data; we collect data about the location where your device is used, including where you have registered with us and where you place an order with us; and
• Log data: when you interact with our services within the Website, we create logs, which include browsing and online shopping activities, access dates and times, app features or web pages viewed, app crashes and other system activity;
• Purchase information and history: information on your purchases, orders and returns.

Personal data collected from other (third party) sources:

• Personal data available through public sources: In order to be able to properly offer our services and products, to create the best user experience and for marketing/PR purposes, we collect personal data from third parties, such as app stores, social media platforms, operating system and device manufacturers, and analytical companies.

We may also collect some or all of this personal data from third parties who have your consent to pass your details to us. This is the case with e-mail addresses you fill in using forms on other websites provided by Canopy Deploy and/or other third party service providers, regarding your name, e-mail address and eligible use instances of social media tools in the context of amongst others our loyalty program (for more information see paragraph 8). This is also the case regarding unique visitor identifiers as assigned by Meta and Google through usage of, for example,“Facebook Pixel” and “Google Analytics”. When you provide us with your e-mail address, we may send it in hashed form to Google to help us improve our conversion measurement, by using Google Enhanced Conversions (see our cookie policy (https://www.polaroid.com/legal/cookies)).

3. Legal bases of the processing of your personal data

We only process your personal data when we have a legal basis to do so. For each purpose (see paragraph 4), we will indicate the legal bases on which we process your personal data.

Our legal bases for processing your personal data is:

• you have given your consent to the processing of your personal data (purpose E, F and I);
• the processing is necessary of a performance of a contract to which you are a party, or in order to take action at your request prior to the conclusion of a contract (e.g. to deliver your order to you, or to enable you to browse our Website) (purpose C, and D);
• the processing is necessary for us to comply with our legal obligations to which Polaroid is subject (purpose G and K), for example:
  • fraud prevention and combating by Polaroid (which are, in those specific cases, not overridden by your privacy interests);
  • analysis and improvement of the services and content of our Website; and/or
  • analysis and improvement of our products.
• the processing is necessary for our legitimate interests or those of a third party (purpose A, B, F, G, H, I, J and L). The legitimate interest we pursue is the proper conduct of our business activities, such as ensuring that the content from our services is presented in the most effective manner, to troubleshoot software burgs and operational problems and provide you with information on products and offers which are relevant to you.

When processing is based on consent, you have the right to refuse consent at any time without prejudice. You also have the right to withdraw your granted consent at any time, after which we will stop the further processing of your personal data. However, withdrawal of your consent does not affect the lawfulness of the processing prior to that moment. Please note that if you withdraw your consent certain features of our Website, products and/or services may no longer be accessible.

4. How we may store and use your information

Polaroid (and third party data processors acting on our behalf) may collect, store and process your personal data for the following purposes:

A. to make our Website available to you;

B. to provide you with content which is tailored to your individual tastes;

C. to provide our services to you;

D. to maintain any registered account that you hold with us and to enable you to take part in our loyalty programme;

E. to contact you (including by push notifications and email) about availability of products, promotional offers and products and services which we think may interest you;

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

G. to ensure that content from our services is presented in the most effective manner for you and your device. We may create lookalike audiences with the help of third parties for the same purpose;

H. to administer, secure, adapt and improve our services, Website and for internal operations, including, for example, to prevent fraud and abuse of our services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyse usage and activity trends;

I. to be able to answer and handle legal requests and/or complaints;

J. to comply with legal obligations applicable to Polaroid; and

K. obtaining external (legal) advice and/or the establishment, exercise or substantiation of a legal claim.

5. Disclosure of your personal data to third parties

In some cases, we share your personal data with third parties. We only provide your personal data to third parties if this is necessary for one or more of the purposes listed in paragraph 4. Your personal data may be shared with the following parties and/or for the following reasons:

• Company acquisition or business or asset sale: in the event that a third party acquires all or part of our business and/or assets, we may disclose your personal data to that third party in connection with the acquisition. In addition, we reserve the right to disclose your personal data to third parties as part of any business or asset sale carried out because Polaroid has gone into insolvency or any similar situation, but only where lawful and compliant with the applicable data protection legislation, as amended from time to time.
• Comply with applicable law: we may disclose your personal data where necessary to comply with applicable law or an order of a governmental or law enforcement body. We may also disclose your personal data in response to a request for personal data by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process.
• Subsidiaries and affiliated entities: we may share your personal data with our subsidiaries and affiliated entities within the Polaroid group that provide services or conduct data processing in relation to the Website or our services on our behalf.
• Other relevant parties: we may disclose your personal data where necessary with our processors, vendors, consultants, marketing partners, and other service providers who need access to such personal data to carry out work on our behalf for the performance of any contract we enter into (e.g. Shopify / Klarna, SuperMetrics) or requests and input we receive (e.g. loyalty program, back-in-stock notifications, product reviews, newsletter subscriptions, customer requests, customer experience etc.).
• Analytics: this Website uses Google Analytics for Firebase and Google Firebase Crash Reporting, services (i) provided by Google and (ii) providing insight into website usage and customer experience. Google will use this information on our behalf for the purpose of evaluating your use of the Website and compiling reports on Website activity for us. Some Firebase services process personal data, that will be provided to us by Google in an aggregated manner. For this reason, a data processing agreement is concluded with Google. However, the aggregated data received from Google does not represent personal data for us as we are not reasonably able to identify a specific user on the basis of this information, nor do we make any efforts to personalize it subsequently. We process these aggregated data to analyse and optimize usage behaviour in general, for example by evaluating crash reports. The Website also uses Google Enhanced Conversions for web and leads for the purpose of improving conversion measurements. For more information, read Google's privacy policy. See also the specific privacy policy of Google Analytics. For more information about Google's opt-out, see here. This Website also uses Hotjar, which complements the data and insights we get from Google Analytics, read Hotjar’s privacy policy.

We may, in some cases, merge your personal data with the data of third parties. We do this, for example, to see your previous purchases.

6. E-mail newsletter

If you subscribe to our newsletter, we will use the personal information necessary or separately provided by you to send you our e-mail newsletter as agreed. If you wish to unsubscribe from email marketing communications that we send you, you can most easily do this by clicking on the unsubscribe link at the bottom of any e-mail marketing communications that we have sent to you.

7. Newsroom newsletter

Working news media can subscribe to our Newsroom newsletter via press.polaroid.com. The Newsroom newsletter will include (embargoed) news, story ideas, and invites to press event. If you subscribe to our Newsroom newsletter, we will use the personal information necessary or sedately provided by you to send you our Newsroom newsletter as agreed. If you wish to unsubscribe from this newsletter, you can do so by clicking on the unsubscribe link at the bottom of any newsletter that we have sent to you. For more information about your privacy in relation to the Newsroom newsletter, please visit press.polaroid.com/privacy.

8. User account and Membership program

When creating a user account on the Website, you consent to becoming a member of our loyalty program which is facilitated by a third party. For this purpose, personal data and data regarding your order such as order value and potential discounts are transferred to and stored by such third party and will only be used to perform its services in connection with the loyalty program. Your user account will show your loyalty reward points and purchase information and history. If you have signed-up to receive news and offers, we will use your account data to make the offers you receive form us more relevant to you.

9. Product registration

We allow you to register your Polaroid products in your user account on the Website. In order to register a product, you will need to provide us with the following information: product name, country of purchase, serial number, purchase date and place of purchase. By registering your products, you easily gain insight in the warranty period applicable to your Polaroid product.

10. Fraud prevention

In regard to fraud prevention and combatting, we use services which, among others, help us to determine whether or not a transaction should be made (should there be any doubt). For this purpose, we share certain personal information with third parties that help us to detect and prevent fraudulent transactions. The information we share with those parties includes some of the information that you share with us (such as, your contact details and information about the transaction), and some of the information from your online interactions (such as the IP address of your device). That information is used to determine whether a transaction could be fraudulent. One of the third parties we use to help us detect and prevent fraudulent transactions is a company called Signifyd; they are responsible for their use of your personal information and will use it for the purposes set out in their privacy policy.

11. Look-a-like audiences

For advertising purposes, we use information about our customers to generate “look-a-like audience” or similar audience of potential customers through Meta or Google’s advertising platforms. This allows us to target ads on their networks to potential customers who appear to have similar interests or demographics to our existing customers, based on the platform’s own data.We do this by uploading a list of email addresses. Meta policy is to irreversibly hash (encrypt) such lists of prior to uploading, match the hashed data against their own users, generate the look-a-like audience, then delete the uploaded list and use it for no other purpose. We do not have access to the identity of anybody in the lookalike audience, unless they choose to click on the ads. If you wish to opt out of “similar audiences” in Google, you can do so through your Ads Settings.

12. Cookies and comparable technologies

Polaroid uses essential, analytics and tracking cookies on the Website, as well as comparable technologies. For more information, or to change or withdraw your cookie consent settings, please see our cookies policy (https://www.polaroid.com/legal/cookies).

13. International transfers

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

In such situations, we will ensure that appropriate safeguards are in place that offer an adequate level of protection of your rights and freedoms as a data subject in accordance with the GDPR. We do this, for example, by concluding standard contractual clauses for the transfer of personal data approved by the European Commission, or by transferring your personal data only to third parties that are considered to guarantee an adequate level of protection according to the European Commission.

14. Spoof/false emails

We will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from us asking you to do so, please ignore it and do not respond. You may forward any such e-mail to [email protected].

15. Data retention

We will retain your personal data for no longer than is necessary for the purpose(s) for which it is collected or processed and/or in accordance with legal obligations. After a retention period, we will delete or anonymize your personal data, unless we retain (part of) of your personal data for another purpose. We will only do so if we have a legal bases to retain your personal data. We will ensure that personal data are only accessible for that other purpose.

With regards to the use of our digital services, we will retain your data for a period of two (2) years after your last login using our (account) services. The reason is that when you would reactivate your account, you can easily continue to make use of our services within that two-year period. If you are inactive for a longer period of time, we will notify you and remove your data, unless you indicate otherwise.

However, a longer retention period of your personal data may occur if this is necessary to comply with a legal obligation. For example, in our accounting system certain personal data are required to be retained for a minimum of 7 years after the end of a tax year. If a dispute or (legal) proceedings are expected, we may also retain your personal data for a longer period of time.

We will in any case comply with legal data retention obligations. If you would like to receive more information about the retention periods that we apply, please contact us on [email protected].

16. Your rights

As a data subject, you have a number of rights that you may exercise in the context of out processing of your personal data:

• the right of information about the personal data we process about you;
• the right to access your processed personal data;
• the right to rectification of the personal data that we hold about you;
• the right to erasure of your personal data (under circumstances listed in the applicable law);
• the right to restrict the processing of your personal data (under circumstances listed in the applicable law);
• the right to object against the processing of your personal data (e.g. in relation to the processing of your personal data for advertising purposes);
• the right to data portability (you can ask us to provide you or a third party with your personal data in a readable and accessible form); and
• the right to withdraw your consent to the processing of your personal data.
  

For security purposes we may occasionally request proof of identity before we are able to exercise your rights. If you wish to exercise any of the above rights, please contact us on [email protected].

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

17. Third party sites

This Website contains links to other websites operated by third parties. Please note that this Privacy Policy applies only to the personal data that we collect through this Website and we are not responsible for personal data that third parties may collect, store, and use through their websites. We recommend that you check the privacy policies of such other websites.

We do not exercise control over the websites that may be linked to the Website. These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you.

18. Updates to this Privacy Policy

This Privacy Policy was last updated in September 2023 and replaces our previous Privacy Policy.

Please check regularly to stay informed of updates to this Privacy Policy. If we make any changes to this Privacy Policy in the future, we will publish the revised Privacy Policy on the Website. If changes are made that may significantly affect you as a data subject, we will do our best to directly inform you about those changes. All changes will take effect as soon as the Privacy Policy has been published on the Website.

19. Contact us

In case you have any questions or complaints regarding the processing or your personal data, please contact us on [email protected]. If you are of the opinion that we process your personal data in an improper or unlawful manner, that we do not/insufficiently take regard of your objection or request in the context of your rights or if you wish to make a complaint in the context of the processing of your personal data, you have at all times the right to lodge a complaint with the competent Data Protection Authority.