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Fospace Privacy Policy

Fospace Privacy Policy published and effective: since April 19th, 2021

This Fospace Privacy Policy (hereinafter referred to as the “Privacy Policy”) describes our policy regarding the privacy of Personal Information for the online Platform “Fospace” (hereinafter referred to as the “Platform”).

References to the words “we”, “our” or “us” (or similar words within the meaning) mean the Fospace Platform.

References to the words “you”, “you” or “your” (or similar words within the meaning) mean our Customer or the Contractor, depending on the context of the Privacy Policy.  That is, an individual whose Personal Information we collect, use and process.

The Privacy Policy describes the types of Personal Information that we collect, store and process on the Platform server.

The Privacy Policy applies only to Personal Information collected on the Platform.

This Privacy Policy does not apply to Personal Information collected offline or through channels other than this Platform.

The User has the right to register on the Fospace Platform by filling out the form or use the quick registration using a Google Account or social network Facebook.

Users have the right to conduct correspondence using the Platform Chat.

The Contractor has the right to post examples of his work on the Platform website.

Using the Platform Services, the Customer may create a Project, and the Contractor may execute it.

Using the Platform Chat, the Customer and the Contractor may correspond with each other.  For example: Discuss the terms of the Project.

When collecting, processing, storing personal Information, Fospace makes every effort to adhere to the rules and requirements of the General Data Protection Regulation (Regulation (EU) 2016/679 of April 27, 2016), known as the "GDPR".

We are grateful to you for using the Fospace Platform.

Definitions and Terms

Account - means an account that stores a collection of data about the User in a computer system.

Chat - means a network tool for fast exchange of text messages between Platform Users in real time.

Checkbox - means an element of the User's graphical interface, which allows the User to confirm his consent.  For example: when registering on the Platform Server, when expressing consent to the processing of Personal Information.

Content - means design elements, text, graphics, illustrations and other objects, as well as components and their elements.

Contractor - means an individual who registers on the Platform and is a user of Fospace services and has the right to post examples of his work on the Platform's website.

Controller - means any natural or legal person, government body, institution or other body that independently determines the purposes and means of processing Personal Information.

Customer - means an individual who registers on the Platform and is a user of Fospace Services and has the right to create Projects on the Platform's website.

Cookies - means small text files that store information about your previous activities on the Platform.  For example: the date and time of the site visit, clicks and transitions, your preferences.

Data protection officer - means an individual who is appointed by the Controller and Processor to protect Personal Information.

Double Opt-In - means a type of registration that involves additional confirmation of your email address directly from an email.  For example: The User, when registering on the Platform server, received an e-mail to his e-mail, which indicates that to confirm the registration, the User needs to follow the link.

Feedback - means your personal opinion about examples of works, services, solvency of another User.

Fospace Platform - means a website for interaction between the Customer and the Contractor.  For example: The Contractor may post examples of his work, and the Customer may create Projects.

GDPR (General Data Protection Regulation or General Data Protection Regulation) - means a regulation within the framework of European Union legislation on the protection of personal data of all natural persons who are citizens of the European Union.

Owner of the Fospace Platform or Owner -  means Fospace INC., a legal entity registered in accordance with the legislation of state Delaware, USA, location: 2093 Philadelphia Pike, Claymont 19703-2424 936 (61-1932377), represented by director Anatoly Zabolotnov, who acts on the basis of Articles of Association (hereinafter referred to as the “Owner”).

Personal Account - means a protected part of the Platform, created during User Registration in the Contractor's Personal Account.

Personal Information - means any information that directly or indirectly allows you to identify the User.  For example: your name, surname, phone number.

Platform site - means a web page or a group of web pages on the Internet through which the User receives the Services and uses the Services of the Fospace Platform, which are posted on the Internet at the following address: https://fospace.co.

Pop-up - means a pop-up window that opens on the computer screen to confirm an action.

Processor - means a natural or legal person, government body, institution or other body that processes Personal Information on behalf of and on behalf of the Controller.

Project - means a set of actions of the Customer on the Platform's website aimed at creating a unique product or service.

Services - means tools and materials developed and provided by Fospace for posting examples of work by the Contractor and / or creating Projects by the Customer.  For example: The Contractor may place examples of his photos on the Platform's website and / or the Customer may create a Project, the purpose of which is to obtain photos.

Single Opt-in - means a one-step registration confirmation, when the User just needs to enter his email and click the "Register" button.

Social network (abbreviated as “Social network”) - means an online Platform that is used by the User to register on the Platform's website.

Terms of Use - means a document that provides terms, rules and basic provisions for using the Platform.

Third party - means a natural or legal person, public authority, institution or body other than the data subject, Controller, Processor and persons who are authorized by the Controller or Processor under their direct supervision to process Personal Information.

User - means the common name of the Contractors and Customers of the Platform.

User consent - means a voluntary, specific, informed and unambiguous expression of will, in which the User, by means of a statement or a clear affirmative action, consents to the processing of his Personal Information.

General Provisions

You may familiarize yourself with the Services and rules of the Platform by studying the Terms of Use.

The Privacy Policy applies to Personal Information that the Platform User provides in various ways.

The Privacy Policy describes the rules for the processing, provision, storage and protection of Personal Information received when using the Platform.

The Platform reserves the right to register the User using a two-step confirmation (Double Opt-In) or one-step confirmation (Single Opt-in) of the User's registration.

The Contractor has the right to post Personal Information on the Platform website.  For example: Examples of your work in the form of photographs.

The Customer has the right to create Projects on the Platform website.  For example: The Customer creates a Project, the purpose of which is to obtain a video recording.

The Owner periodically conducts an audit for compliance of the Platform's Privacy Policy with the rules of the GDPR. Audit Purpose:GDPR Compliance.

The audit is carried out in the following cases:

  • At the beginning and at the end of the reorganization of the company according to the GDPR;
  • According to the schedule every 6-12 months;
  • Before starting work with new contractors;
  • Before carrying out risky transactions with Personal Information;
  • After revealing the fact of violation of the security of Personal Information.

The Owner has the right to conduct the following types of audit:

  • Internal audit.  It is carried out by the company independently;
  • Authorized audit.  It is carried out by regulatory bodies authorized to conduct investigations and inspections for the proper processing of the Personal Information of the Platform and its counter parties;
  • External audit. It is carried out by an independent expert in the protection of Personal Information.

The Personal Data Protection Officer is appointed by the Controller or the Processor in any of the cases provided for in Article 37 of the General Data Protection Regulation.

We are not responsible for the actions of other companies that are not owned and controlled  by the Platform.

Using the Platform, we do not knowingly collect or process Personal Information about persons under the age of sixteen.  If you have not reached the age of sixteen, do not use the services of the Platform.  In the event that we become aware of the use of the Platform by such a person, we will delete the collected information about him.  If you have information that such a fact took place, please contact support by sending an email to: support@fospace.co.

We distinguish the following categories of Personal Information:

Sensitive information - means information, unauthorized disclosure, modification or concealment of which may lead to tangible loss or material damage.  For example: race, religious and political beliefs, income information, gender - anything that, if disclosed, could violate privacy and cause moral harm to an individual.

Statistical information - means information that rarely changes over time or is not subject to change.  For example: phone number, email, IP, passport data, Cookie.

Biometric information - means unique biological and physiological characteristics that allow you to identify a person.  For example: fingerprint, face, voice, iris, palm and finger veins.

Publicly Available Information - means information that you provide by filling out your personal account, such as your first and last name, avatar, portfolio, age, language, and country.

The Platform stores Personal information about the Contractors:

  • IP;
  • email;
  • Account;
  • name;
  • surname;
  • the language that the Contractor uses to work on the Services of the Platform;
  • phone number;
  • work skills;
  • profession;
  • specialization;
  • work examples.

The Platform stores Personal Information about Customers:

  • IP;
  • email;
  • Account;
  • name;
  • surname;
  • the language that the Customer uses to work on the Services of the Platform;
  • phone number;
  • address.

Also, the Owner has the right to collect any other Personal Information about its Users.  For example: Preference, Skills, Browser.

Users voluntarily provide us with Personal Information using the Services of the Platform, consulting with support staff, sending us email messages, or cooperating with us in any other way.

During your interaction with the Platform, we automatically receive and record Personal Information about your actions.  For example: history of pages viewed, time and date of visit, browser used.

The collection of Personal Information is carried out using log files, Cookies and other tracking technologies.

The Platform may use Personal Information in order, based on your preferences, to improve the navigation of the Platform and the Services it provides.

Use of Publicly Available Information:

Information you post that may be available to everyone. Some of the information that you provide to us when filling out your personal account is shared, such as your age range, spoken language and country of residence. Your public profile includes your name, gender, avatar, portfolio. This information is also publicly available. To make it easier to contact you, we use the information below.

We may use Publicly Available Information for the following purposes:

  • Your name and avatar help Users to recognize you;
  • Gender helps us to identify you correctly;
  • If you provide information "About Me" (for example, hobbies, education or additional information), Users will have more information about you;
  • Age range allows Users to offer age-appropriate types of work;
  • Language and country help Users access you in the appropriate language.

We use Cookies to track the movements of Users on the Platform's Services.  For example, if the site is entered using a Cookie, then, after the User enters his data on the login page, the Cookie allows the server to remember that the User has already been identified and is allowed access to the relevant Services and operations.

We use Cookies for the following purposes:

  • User authentication;
  • storing personal preferences and settings of the User;
  • tracking the User's access session;
  • storing statistics about the User;
  • tracking the User's address;
  • analysis of sites and mobile applications.

The Owner, when providing Services, uses the following types of Cookies:

Session Cookies, also known as transient Cookies, exist only in temporary memory while the User is on a website page.  Browsers usually delete session Cookies after the User closes the browser window.

Persistent Cookies are deleted on a certain date or after a certain period. This means that information about the Cookie will be transmitted to the server every time the User visits the website to which these Cookies belong.  For example, they may be used to avoid re-entering data each time you visit the Platform.

Third-party Cookies are a type of files that appear when web pages contain Content from external websites, such as links to other websites.  For example, they may be used to track the history of visits by the User to other websites.

Web analytics Cookies are used to analyze the behavior of the User when browsing various pages of the website. One of these is Google Analytics, a web analytics Service provided by Google Inc.  ("Google"). The use of the above Cookies is based on Article 6 of the General Data Protection Regulation.

Information generated in relation to your use of our Platform may include:

  • browser type / version;
  • the operating system used;
  • referring domain URL;
  • host name of the computer from which access is being made (IP address);
  • the time of the request to the server.

The Owner, when providing the Services, uses the following types of Cookies:

  • locale - used to define preferences in the language, storage for unauthorized Users;
  • Google Analytics - used to analyze internet sites and mobile applications;
  • Yandex.Metrica is used to analyze visits and visitors to the resource.

The Privacy Policy does not apply to the use of Cookies by third parties (other sites, Services, companies), and we are not responsible for the provisions of their privacy policies.

You may regulate the use of Cookies through your browser settings.

You may read more about the rules for the use of Cookies in the Terms of Service.

We have the right to receive information about Users from third-party sources, for example: social networks, databases of third-party data providers and partners.  The collection of such information is carried out exclusively by legal means.  We also use Personal Information to supplement information about our Users.

We have the right to create anonymous records from Personal Information, without identifying the User.

Disclosure of Personal Information to third parties

We have the right to disclose Personal Information in the following cases:

Third parties.  (in case of control change).  The Owner has the right to sell, disclose or transfer information about Users as part of a corporate business transaction such as an acquisition or merger, financing, corporate reorganization, joint venture, including the sale of company assets, or in the event of bankruptcy or insolvency, in which such the information may be disclosed to any third parties as a business asset in a transaction.  For example, in the event of a merger of the Platform with another similar Service, your Personal Information may be transferred to such a Service.

Third parties (in case of protection of our rights).  The Owner has the right to disclose your Personal Information if he believes that this is necessary to protect his legal rights and interests.  For example: in the case of protecting your rights in court, in disputes with third parties.

Courts, law enforcement and government agencies. The Owner has the right to transfer Personal Information in case of fulfilling any legal obligations (including in connection with a court order).  For example: A court order, a request from government and / or law enforcement agencies.

For partners. The Platform may disclose statistical Personal Information to its partners, for example: Personal Information of Users, information about the specialization and profession of the Contractor.

Other Third parties. With the written or online consent of the User, the Platform may disclose personal information to third parties.  For example: e-mail from the User, check-box confirmation.

The User has expressed his/her consent to the disclosure of Publicly Available Information, by choosing in the User Settings the preferable option, which does not limit the provision of information to a certain number of people.

All Third parties with whom the Platform exchanges Personal Information are obliged to use the Personal Information of Users in accordance with this Privacy Policy.

User Information

An individual registers as a User of the Platform by filling out a form or using a Google Account or social network Facebook.

We reserve the right to obtain the consent of the User for sending messages to his email or phone number using a pop-up window.  The pop-up window may contain a consent form in the form of a Checkbox.  For example: A User who confirms such a Checkbox automatically agrees to send messages to his email or phone number.

User rights

The right to access.  The Privacy Policy lists the User's Personal Information.  The User may contact us directly to request access to the Personal Information that we store about him, as well as to any information in accordance with Article 15 of the General Data Protection Regulation.

Exercise of the right to access: To gain access to your Personal Information, which is stored on the Platform server, the User needs to write a request to the Platform support service.

The right to be forgotten.  The User has the right to delete Personal Information about himself or his Account, after considering the User's request sent to the support Service or through a special section of the Platform.  Personal Information and / or Account, in this case, will be deleted forever.

Exercise of the right to access: To delete your Personal Information or Account that is stored on the Platform Server, the User must follow to a special section of his personal Account and take the appropriate actions or contact the support service by e-mail: support@fospace.co.

Right to rectification. The User has access to Personal Information that needs to be updated, corrected, supplemented at any time. The User may also contact the support of the Platform in order to access his information in order to correct, change or delete it, in accordance with Article 16 of the General Data Protection Regulation.

Exercise of the right to access: To make corrections to his Personal Information that is stored on the Platform server, the User must to write a request to the Platform support service.

Portability. We may transfer the User's Personal Information to third-party organizations, at any time and at the request of the User, in accordance with Article 20 of the General Data Protection Regulation.

Exercise of the right to access: To carry out the transfer of his Personal Information, which is stored on the Platform server, the User must to write a request to the Platform support service.

The User has the right to delete and / or upload Personal Information collected about him using the Platform Service by writing an email to the Platform's support service at: support@fospace.co.

Storage, accuracy and safety of Personal Information

Personal Information stored on the Platform's server is tied to the User's name and password of his Account.

The User's Personal Information is stored on the Platform website until it is deleted by the User.

We retain Personal Information for as long as is necessary to provide Services or comply with our legal obligations, resolve disputes, prevent misuse, and enforce our agreements.

Personal Information that is stored on the Platform server is considered the property of the User.

We have the right to use and disclose the User's Personal Information only for the purposes specified in the sections of the Privacy Policy and Terms of Use.

In the event of a change in Personal Information, the User is responsible for notifying the Platform of such changes. For example: The User has changed the Personal Information (e-mail, phone number, address), which is necessary for the correct provision of Services and did not notify the support service of the Fospace Platform about this fact.

At the request of the User, we provide information about the fact of processing of Personal Information by third parties. For example: the use of personal information by Social networks, mobile services.

We make every effort to ensure that the accuracy and up-to-dateness of Personal Information, to the extent possible, is in compliance with the General Data Protection Regulation (Regulation (EU) 2016/679 of April 27, 2016), known as the "GDPR".

Disclaimers

The Fospace Platform uses Cookies to improve the quality of our Service.  If you continue to use the Platform, we have the right to assume that you agree to the use of Cookies.

The Fospace Platform notifies the User that his Personal Information may be used by the Platform for the purpose of providing services, and in case of disagreement, the User must leave the Platform's website.

The Fospace Platform has the right to collect Users' Personal Information in order to obtain statistical information.

We are not responsible for the accuracy of the Content that the User posts on the Platform website.

We are not responsible for the exchange of information between the Customer and the Contractor.

We are not responsible for the accuracy of the information provided by the Customer and / or the Contractor.

We are not responsible for the content of Feedbacks that Users leave.

We are not responsible for the safety of Personal Information that Users leave in Feedbacks.

Protection of Personal Information

We take all reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access and disclosure, modification and deletion, taking into Account the risks associated with the processing and specifics of Personal Information.

The Platform Server is located in the Netherlands, and the User's Personal Information may be transferred to this country.

Although laws to protect the rights and privacy of Personal Information may differ from those in your country, we do our best to provide adequate measures to protect your Personal Information.

We use the following methods to protect Personal Information, in accordance with Article 32 of the General Data Protection Regulation :

  • pseudo anonymization and encryption of Personal Information;
  • the ability to ensure continued confidentiality, integrity, availability and resilience of processing systems and Services;
  • regular testing, assessment and measurement of the effectiveness of technical and organizational measures to ensure the security of the processing of Personal Information.

By checking the blank field of the Checkbox, you agree to the rules for the collection, storage, processing and transfer of your Personal Information to third parties to whom we may transfer information in accordance with the provisions of the Privacy Policy.

Fospace makes every effort to ensure that any activity related to Personal Information fully complies with the provisions of the General Data Protection Regulation.

Changes to the Privacy Policy

We have the right to periodically make changes to the Privacy Policy to ensure the safety of personal data and compliance with legal requirements.

We notify the User of such changes by posting news on the website, sending an e-mail newsletter, or using other means.

In the event that the User has unsubscribed from emails in which we inform about all changes in the legal documentation, the User is still responsible for reviewing them.

The Owner, after making changes to the Privacy Policy, has the right to request the User's repeated consent to the Privacy Policy, if the User has refused the information e-mail newsletter.

Our electronic or otherwise stored copies of the Privacy Policy are deemed to be the genuine, complete, valid and enforceable version of this Privacy Policy in effect at the time of your visit to the Platform.

Contacts

If you would like to ask questions, provide feedback, update the Personal Information stored on the Fospace Platform, or are concerned about privacy issues, please contact support at: support@fospace.co.

You may also contact us at the following mailing address: PO 9773 2093 PHILADELPHIA PIKE #2788 CLAYMONT, DE 19703.