Published: September 11, 2024
We respect your privacy and pay great attention to the protection of your personal data. Our personal data processing practices as a data controller are set out by this Privacy Policy. Our Privacy Policy applies to all personal information we collect and process about you in connection with the products and websites we offer and operate.
This Privacy Policy helps you understand:
What personal data we collect
Why we collect it
What we do with it
General Provisions.
This Personal Data Privacy Policy (hereinafter referred to as the “Policy”) applies to all personal data held by Private Entrepreneur Andrey Isaev Registration № 286.1327086 date of registration 29.06.2023, address 0002, Armenia, Yerevan, Moskovyan 3a, email address support@tonfotos.com, (hereinafter referred to as the “Developer”), developer of the Tonfotos computer program (hereinafter referred to as the “Software”), and the owner of the sites tonfotos.com, forum.tonfotos.com, community.tonfotos.com, (hereinafter referred to as the “Developer Site(s)”), acting as controller with respect to the collection or processing of the personal data, which may be received from the user (hereinafter referred to as the “User”, “You”) - a person using the Software and Developer Sites, in particular during: purchasing, installing and using the Software, sending feedback or questions, participating in advertising and marketing campaigns or promotions and/or as a result of other interaction with the User (hereinafter referred to as the “Services”).
By visiting the Developer's Site tonfotos.com (including other related sites), as well as downloading, installing and using the Software, You agree to the terms of this Policy in full, as well as the possibility of the Developer using Your Personal Data. The User's consent to the provision, processing and transfer of his Personal data to the Developer in accordance with the Policy is complete and unconditional.
This Policy explains how the Developer processes and protects Personal Data and other User information, and is required for familiarization and execution by all persons authorized by the Developer to process Personal Data.
Basic concepts used in this Policy:
“Personal Data” – any information relating to an identified or identifiable natural person (subject of personal data).
“Personal Data Operator (Operator)” - a person who, independently or jointly with other persons, organizes and (or) carries out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data; The Developer is the Personal Data Operator in relation to the Personal Data provided to it by Users.
“Processing of Personal Data” – any action (operation) or set of actions (operations) with Personal data performed using automation tools or without their use. Processing of Personal Data includes, but is not limited to: collection, recording, systematization, organisation, structuring, accumulation, storage, clarification (update, change), extraction, alignment or combination, usage, transmission (distribution, provision, access), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, depersonalization, blocking, deletion, destruction, dissemination or otherwise making available, restriction, erasure or destruction.
“Automated processing of Personal Data” – Processing of Personal Data using computer technology;
“Providing Personal Data” – actions aimed at disclosing Personal Data to a certain person or a certain circle of persons;
“Blocking of Personal Data” – temporary termination of the Processing of Personal Data (except for cases where Processing is necessary to clarify Personal Data);
“Destruction of Personal Data” – actions as a result of which it becomes impossible to restore the content of Personal Data in the personal data information system and (or) as a result of which the material media of Personal Data are destroyed;
“Depersonalization of Personal Data” – actions as a result of which it becomes impossible to determine the ownership of Personal Data by a specific subject of personal data without the use of additional information;
“Personal Data Information System” – a set of Personal Data contained in databases and information technologies and technical means that ensure their processing;
Conditions for Processing Personal data:
This Policy applies to Processing of Personal data carried out using automation tools.
Processing and storage of Personal data by the Developer is carried out as long as necessary to provide the products and services You have requested. Afterwards, the Developer may retain data for an appropriate period to protect himself from legal claims, to administer our business, or to the extent permitted by applicable law, which may require the Developer to hold Your Personal data for specific periods. The Developer will delete Your Personal data when You withdraw Your consent, if there is no other legal ground for further processing (e.g., a statutory obligation to retain Your personal data), or when You object to the processing in accordance with clause 10 of the Policy, or when the Developer is obliged to delete it in accordance with an obligation under applicable law. For further information about our approach to data retention, please inquire at support@tonfotos.com
Personal data is subject to destruction upon discovery of the fact of unlawful processing or at the request of the User within a period not exceeding thirty days from the date of receipt of the request to terminate their processing.
The Developer does not control and is not responsible for third party sites that the User can access via links available on the Developer’s Website. Third party websites may have their own privacy policies and may collect or request other Personal Data from the User.
For specific Services, the Developer may publish additional provisions that supplement this Policy.
This Policy is subject to updating in the event of changes in the legislation on Personal Data.
Personal data of Users that is received and processed by the Developer
For the purposes of this Policy, “User Personal Data” means: Personal data that the User provides about himself independently when registering (creating an account) on the Developer’s Sites, filling in forms on the Developer’s Sites, contacting Technical Support, buying the Software or while using the Software, including crash reports. Information required for the use of the Developer Sites and/or Software is clearly indicated.
Personal data processed and stored by the Developer includes:
User's email address
Full name or nickname specified by the User
IP – address of the computer on which the software is installed, or from which the User accessed the Developer’s Site(s)
Anonymous statistics on the use of the software (in case the software is installed by the User)
Information about software activation - from what IP address and at what time a specific software serial number was activated or the activation of the software serial number was updated (in the case of installation of the software by the User with its subsequent activation)
Information from the store about the parameters for purchasing the software: where the software was purchased, date of purchase, order number, serial number of the software, and other similar data related to the purchase of the software.
Technical information about the computer on which the Software is used
Documents, photographs, and other information that is voluntarily sent by the User to provide technical support for the Software
Information about Your use of the Software and Developer’s Sites that You use and how You use them. The Developer collects this Personal Data by using cookies and other methods as described below. Please see the Tonfotos Cookies Policy for more details about use of cookies.
Names of people indicated on photos, names of the files and folders, tags, albums and technical information about the computer on which the Software is used which are collected while receiving crash reports
Purposes of Processing Personal Data of Users
The Developer processes only those Personal Data that are necessary to provide and improve the quality of the Services.
The Developer may use the Personal data specified in clause 4.2.1. for the following purposes: to send the Developer's newsletters to the User, to provide the user with the opportunity to post comments on the Developer's forums, to answer Users' questions, to provide technical support to Users, to identify data on the purchase and activation of the software.
The Developer may use the Personal data specified in clause 4.2.2. for the following purposes: to provide the user with the opportunity to post comments on the Developer’s forums, for communication and correspondence with the User, to identify the purchase of software by a specific User to solve problems that arose when purchasing software in case of purchasing software through third party sites (online stores).
The Developer may use the Personal data specified in clause 4.2.3. for the following purposes: to collect statistics and analyze the use of the software and the Developer’s Sites, including, but not limited to, to verify the legality of the use of the software, to counter the unlicensed use of the software, to target and evaluate the effectiveness of advertising and methods of attracting Users.
The Developer may use the Personal Data specified in clauses 4.2.4., 4.2.7 for the following purposes: to analyze the activity of using the software, including its various functions, as well as to analyze the popularity of certain types of operating system configurations, types and types of equipment and peripheral devices.
The Developer may use the Personal Data specified in clauses 4.2.5., 4.2.6, for the following purposes: to fulfill the Developer’s obligations to Users who legally purchase the Software, to combat the misuse of the Program, to provide technical support for the Software and to respond to requests from Users .
The Developer may use the Personal Data specified in clause 4.2.8 for the following purposes: to provide the Users with technical support, as well as to test the Software and its functions.
The Developer may use the Personal data specified in clause 4.2.10. for the following purposes: for Software troubleshooting.
In addition, all of the above Personal Data may be used by the Developer for the following purposes:
The User or his legal representatives have the right:
Receive complete information about User’s Personal data and the processing of this data (including automated);
Receive copies of any record containing the User’s Personal Data, with the exception of cases provided by the relevant legislation and also with the exception of those data that are anonymized;
Request the exclusion or correction of incorrect or incomplete Personal data, as well as data the processing of which is carried out in violation of the applicable legislation;
To withdraw Your consent in writing to the use and storage of Personal Data by the Developer. Wherein, if certain types of data are deleted, the User loses the opportunity to receive technical support and the normal functioning of the software (paid license) is terminated.
If the Developer or a person authorized by him refuses to exclude or correct the User’s Personal Data, state in writing (by email specified in clause 1.1 of these Regulations) the disagreement, providing appropriate justification;
Appeal in court any unlawful actions or inaction of the Developer or a person authorized by him during the processing and protection of the User’s Personal Data.
The User or User’s legal representatives are obliged to:
Provide the Developer with Personal data that corresponds to reality;
Promptly notify the Developer of all changes to Personal Data.
The Developer has the right:
To process Personal Data subject to the existence of legal grounds, compliance of the processing processes with the stated purposes of processing and the requirements of the applicable laws, the provisions of this Policy and other local acts of the Developer.
Make changes to this Policy without the User’s consent.
Entrust the processing of Personal Data to another person, provided that this person complies with the provisions of this Policy. The User is deemed to have automatically given consent to such processing of his data by another person when transferring Personal Data to the Developer.
The Developer is obliged:
The User may have the following rights, under certain circumstances. To exercise any of your rights please contact us here. Your local laws may permit You to request that the Developer:
Provides access to and/or a copy of certain information the Developer holds about You;
Prevents the processing of Your information for direct marketing purposes (including any direct marketing processing based on profiling);
Updates or rectify information which is out of date or incorrect;
Delete certain information that the Developer is holding about You;
Oppose, cancel or restrict the way that the Developer processes and discloses certain information;
Transfers Your information to a third-party provider of services; and
Revokes your consent for the processing of Your information.
The Developer will consider all requests and provide response within the time period stated by applicable law.
Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if the Developer need to keep processing Your information for any legitimate interests or to comply with a legal obligation. The Developer may request that You provide the information necessary to confirm Your identity before responding to Your request as required or permitted by applicable law.
If you have unresolved concerns, you may lodge a complaint with your local data protection authority. However, we encourage you to contact us first, and we will do our best to resolve your concern.
The laws of some jurisdictions such as the European Union and United Kingdom require data controllers to tell You about the legal ground that they rely on for using, sharing, or disclosing your information. To the extent those laws apply, the legal grounds of the Developer are as follows:
Contractual Commitments: The Developer may use, share, or disclose information to honor Developer’s contractual commitments to You (e.g., to comply with End User Agreement, which You accept by browsing or otherwise using the Services).
With Your Consent: Where required by law, and in some other cases, the Developer use, share, or disclose information on the basis of Your consent.
Legitimate Interests: In many cases, the Developer use, share, or disclose information on the ground that it furthers Developer’s legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as customer service, certain promotional activities, analyzing and improving Developer’s business, providing security for Developer’s Services, preventing fraud, and managing legal issues.
Legal Compliance: The Developer needs to use, share, and disclose information in certain ways to comply with Developer’s legal obligations.
Governmental Requirements: Your Personal data may be disclosed in response to inquiries or requests from government authorities in the countries in which the Developer operates.
The Developer pursuits to comply with GDPR and any other Data Protection Regulations which can be applicable in Your country. If You have any reason to believe that the Developer has committed any violations, please notify the Developer at the following email address: support@tonfotos.com
Final provisions
All suggestions or questions regarding this Policy should be reported to the Developer via the feedback form.
The current version of the electronic version of the Policy is posted on the Developer’s website at the address: tonfotos.com/legal/privacy-policy/ and only this version of the Policy has legal force.
Changes to the Policy come into force from the moment the new version of the Policy is published at the address specified in clause 13.2
Please note that although the Developer works hard to protect security of the Software and the Developer Sites, the transmission of information via the internet is not completely secure. Although the Developer will do his best to protect Your Personal data, the Developer cannot guarantee the security of Your Personal data transmitted to Developer Sites; any transmission is at your own risk. Once the Developer have received Your Personal data, the Developer will use strict procedures and security features to try to prevent unauthorized access. The Developer also asks You to take every precaution to protect Your Personal data when You are on the Internet.
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