Last Updated December 10, 2019
Wehands Inc OU (“Wehands”, “we”, “us”, and/or “our”) operates this Website www.wehands.com (“Website”), to provide our users (“User”, “you” and “your”) with Wehands Services. The Website is a marketplace where Users, who wish to offer their photos for retouch (“Clients”) can find other users who will provide retouching services (“Retouchers”) collectively referred as “Users”.
We are committed to recognizing and respecting your privacy rights by keeping you informed and processing and protecting your Personal Information in compliance with applicable law.
Effective June 24th, 2018, if you are from the European Economic Area (“EEA”), our processing of your personal Information will comply with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Information Protection Regulation (“GDPR”).
Wehands is the Information controller for processing your Personal Information. The Information controller is responsible for deciding how Personal Information about you is used. Please see the “Contacting Us” section below to find out how to contact us.
3. INFORMATION COLLECTION
3.1. Information You Provide to Us
When you use the Website, you may provide us with information about you. This may include your name and contact information, financial information to make or receive payment for services obtained through the Website, or information to help us fill out tax forms. When you use the Website, we may also collect information related to your use of the Website and aggregate this with information about other users. This helps us improve the Website and Services for you.
(1) Personal Information: In the course of using the Service (whether as a Client or Retoucher), we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Personal Information may include your name, email address, company address, billing address, and phone number.
(2) Payment Information: If using the Website you make or receive payments, we will also collect certain payment information, such as credit card, PayPal or other financial account information, and billing address.
(3) Identity Verification: We may collect Personal Information, such as your date of birth or taxpayer identification number, to validate your identity or as may be required by law, such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement as well as any proof of ownership, rights, licenses, permits, releases or clearances that may be required to proof your rights to any photo you upload to Website or may be required by any Contract.
(4) Non-Identifying Information/Usernames: We also may collect other information, such as zip codes, demographic Information, information regarding your use of the Service, and general project-related Information (“Non-Identifying Information”). We consider usernames to be Non-Identifying Information. Usernames are made public through the Service and are viewable by other Wehands users.
(6) Combination of Personal and Non-Identifying Information: Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information, but Wehands will treat the combined information as Personal Information.
(7) Collection of the Third Party Personal Information: We collect the following personal information from you about your contacts or friends: First name, last name, and email address when you provide it to us for the purpose of adding your contacts to a message room.
In order to use the Service, you need to provide us with some of Personal Information when you asked to create the User Account. If you do not agree with this, you should stop using the Service.
If you have any questions regarding whether provision of information is mandatory and the consequences for withholding such information, please contact us using the contact information in the section ‘Contacting Us’.
3.2. Information Received from Third Parties
3.3. Information Received Purchases and Payment Processors
3.4. Information Collected Automatically
Like other online companies, we receive technical information when you use our Website and Services. We use these technologies to analyze how people use our Website and Services, to improve how our Website functions, to save your log-in information for future sessions, and to serve you with advertisements that may interest you.
We and our third-party service providers, including analytics and third-party content providers, may automatically collect certain information from you whenever you access or interact with the Service.
This information may include, among other information the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and Website functionality.
The information we collect also includes the Internet Protocol (“IP”) address or other unique device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Website. Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Service.
Web Beacons: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how Wehands Users navigate the Service, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed.
In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.
3.5. User Profiles
Users may create Users account and profile with certain or all information publicly available.
You may have the opportunity to create a profile, which consists of information about you, and may include Personal Information, photographs, examples of your work, information on Contracts previously completed via the Service, feedback/rating information and other information, including your username (“Profile”). The information in your Profile may be visible to all Users and the general public. You may edit certain information in your Profile via your account and may choose to limit who is able to view certain content you post to your Profile. If, in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at [email protected]
Users may communicate with each other through the Service. For example, Retouchers and Clients may wish to discuss Client needs and Retouchers proposals. If you communicate with Client or Retoucher, that Client or Retoucher will also be a “Information controller” with respect to such communications.
We display personal rankings of satisfied customers on our Service, in addition to other endorsements. With your consent we may post your rankings along with your name. If you wish to update or delete your ranking, you can contact us at [email protected]
3.8. Contracts Listings Through the Service
If you choose to post fulfilled Contracts listing via the Service as a Retoucher, the contents of such listing will be viewable publicly, unless you designate the listing as only viewable through the Service or as private using the settings available on the applicable website. Contracts listings include information such as budget, location, history of work listing(s) by the Client, Client feedback and rating information and timing of Contract performance.
3.10. Social Networking Services
You may register for an account directly with our Website, or through a social networking service. If you register with a social networking service (or later link your account to one), we will collect certain information about you from that social networking service, and what we collect depends on your privacy settings with that social networking service. The Service may also allow you to “like” or share content with social networking services.
You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, Gmail and other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender and other information you make publicly available via the SNS) to create your account.
Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Service, and Wehands is not responsible for it.
The Wehands Service also may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like” or share content to a third party SNS. If you choose to “like” or share content, or to otherwise share information from or via our Service with a third party website or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party).
These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective privacy policies of those third parties.
You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating Wehands to pay any fees or making Wehands subject to any usage limitations imposed by such SNS. You can disable the link between your Wehands account and your SNS account at any time though the “Settings” section of our Service. Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your Wehands account and your SNS account will terminate as well.
4. USE OF INFORMATION
We use information collected through the Service to provide and improve the Service, process your requests, prevent fraud, provide you with information and advertising that may interest you, comply with the law, and as otherwise permitted with your consent.
WE USE INFORMATION WE COLLECT:
4.1. To Provide The Service And Respond To Requests
Wehands may use your Personal Information:
(1) To provide and improve the Service, complete your transactions, and address your inquiries, process your registration, verify the information you provide is valid, and for compliance and internal business purposes.
(2) To assess your Contract or proposal to accept the Contract for Wehands and prepare related statistics reports.
(3) To resolve disputes and problems between Clients and Retouchers;
(4) To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent.
(5) To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.
4.2. For Marketing Purposes
We may use your contact details to tell you about services we believe will be of interest to you, upcoming events or other promotions. We will only send you marketing information by email if you consent to us doing so at the time you provide us with your Personal Information. When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you or by contacting us as indicated below.
In addition, if at any time you wish not to receive any future marketing communications, or you wish to have your name deleted from our mailing lists, please contact us as indicated below in section ‘Contacting Us’.
Wehands may use your Personal Information:
(1) To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online.
(2) To conduct analytics on how the Service is being used by you for our internal purposes, namely for providing, maintaining, benchmarking and improving our offerings, and identifying usage trends.
(3) To analyze and improve our business.
4.3. As Necessary For Certain Legitimate Interests
“Legitimate interests” means our interests in conducting and managing our organization and delivering the best Service to you.
We use your Personal Information for the legitimate interests described below:
(1) To send administrative information to you, for example, information regarding the Service and changes to our terms, conditions, and policies.
(2) To conduct analytics on how the Service is being used by you for our internal purposes (namely for providing, maintaining, benchmarking and improving our offerings, identifying usage trends and determining the effectiveness of our promotional campaigns) and to inform our marketing strategy and personalize our communications with you (including providing information on our features and other marketing and service-related announcements relevant to the content and features you engage with).
(3) To supplement the information that we collected from you with information obtained from third parties (described above) in order to update, expand and analyze our records, identify new Clients, and provide products and services that may be of interest to you.
(4) To contact you with administrative communications Wehands newsletters, marketing or promotional materials (on behalf of Wehands or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in the Your Rights and Choices section, below.
(5) To prevent fraud or criminal activity, misuses of our products or services, and ensure the security of our IT systems, architecture and networks.
(6) To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of Wehands or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Wehands Users.
5. INFORMATION RETENTION
Our policy is to keep your Personal Information only for as long as is reasonably necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
To determine the appropriate retention period for your Personal Information, we will consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we use your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymize your Personal Information so that it can no longer be associated with you, in which case it is no longer Personal Information.
6. INFORMATION SHARING AND DISCLOSURE
We may share information about you to provide the Service, for legal and investigative purposes, in connection with sweepstakes and promotions, or if we are part of a merger or acquisition. We may also share non-identifying information with third parties. You have choices as to whether we share your personal information with third parties for their own marketing purposes.
(1) Information about Retouchers Shared with Clients: We share information regarding Retouchers who have entered into a contract with a Client, including information in work history, with Clients or business entities associated with the Client. Note that if a Retoucher is suspended from the Wehands Service by Wehands, we may share that information with Clients for whom that Retoucher has worked. We may also share information with business entities to whom Retouchers are associated for a particular work project.
(2) Information about Client Shared with Retouchers: If you have entered the Contract with another User Client, we may provide Retoucher with your name, company address, billing address, proof of Intellectual Property rights to the photos uploaded to the Website, tax ID or VAT number in order to complete the transaction or to facilitate the resolution of a claim or dispute. The Retoucher receiving your information is not allowed to use it for purposes unrelated to the transaction, such as to contact you for marketing purposes, unless you have expressly consented to it.
(3) Service Providers: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g., without limitation, maintenance services, Database management, web analytics and online advertising, payment processing, fraud detection and improvement of Wehands’ features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
(4) Information Shared with Advertisers: We may share your information with advertisers, third-party advertising networks and analytics companies who may use it to deliver targeted advertisements to you on the Service or third-party websites or advertisers. Similarly, these advertisers may share information with us about you that they have independently gathered or acquired. We may also share encrypted versions of information we have collected in order to enable our advertising partners to perform Information analysis or for advertising-related use.
(6) Information Shared for Legal and Investigative Purposes: Wehands will share information with government agencies as required by law in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and, including without limitation, in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), or, at the request of governmental authorities or other third parties conducting an investigation where we determine in our sole discretion the disclosure is necessary to (a) protect the property and rights of Wehands or a third party, (b) protect the safety of the public or any person, or (c) prevent or stop activity we may consider to be, or pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Wehands Users and may do so in cooperation with third parties at our discretion.
(7) Information Shared via Internal and Business Transfers: Wehands may share information, including Personal Information with any current or future subsidiaries or affiliates, primarily for business and operational purposes. We may sell, transfer, or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy.
(8) Information Shared for Payment: We will not sell or rent your credit/debit card number or payment account Data. We may transfer such Data to Third Party Providers who need access to fulfill a transaction.
7. ANALYTICS SERVICES
We may work with analytics agencies and vendors who use technology to help us understand how you use our Service.
We may also work with third party analytics companies to help us understand how the Service are being used, such as Information collection, reporting, ad response measurement, website and mobile application analytics, and to assist with delivery of relevant marketing messages and advertisements.
We may use Google Analytics, an analytics service provided by Google or other third-party analytics services providers (“Analytics Services”) to collect information about your use of the Service. These Analytics Services may collect information about the content you view and your system information and geographic information. The information generated by the Analytics Services about your use of the Service will be transmitted to and stored by the Analytics Services. The information collected by the Analytics Services allows us to analyze your use of the Service.
We encourage you to review your device and the Analytics Services settings to ensure they are consistent with your preferences, including with respect to the collection and use of information. You may be able to stop further collection of certain Information by the Analytics Services by updating your applicable device settings. In addition, you may choose not to share your location details by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider/carrier or device manufacturer.
8. ADVERTISING AND THIRD-PARTY CONTENT AND LINKS
We may work with advertising agencies and vendors who use technology to help us understand how people use our Website. These vendors may use technologies to serve you advertisements that may interest you. You can choose to opt out of receiving interest-based advertising.
We do not have access to or control over cookies, pixels or web beacons that third-party websites or partners may use. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites that you visit.
9. YOUR RIGHTS AND CHOICES
Subject to EU regulation you have the following rights in relation to your Personal Information:
(1) Right of access. If you ask us, we will confirm whether we are processing your Personal Information and, if so, provide you with a copy of that Personal Information we collected along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
(2) Right to rectification. If your Personal Information is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Information with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so you can contact them directly.
(3) Right to erasure. You may ask us to delete or remove your Personal Information, such as where you withdraw your consent. If we shared your Information with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information with so you can contact them directly.
(4) Right to restrict processing. You may ask us to restrict or ‘block’ the processing of your Personal Information in certain circumstances, such as where you contest the accuracy of the Information or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Information with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so you can contact them directly.
(5) Right to Information portability. You have the right to obtain your Personal Information from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Information in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
(6) Right to object. You may ask us at any time to stop processing your Personal Information, and we will do so:
(a) If we are relying on a legitimate interest to process your Personal Information – unless we demonstrate compelling legitimate grounds for the processing or
(b) If we are processing your Personal Information for direct marketing.
(7) Rights in relation to automated decision-making and profiling. You have the right to be free from decisions based solely on automated processing of your Personal Information, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent. We are not currently processing your Personal Information for such type of automated decision-making, including profiling, but if we elect to do so in the future we will provide you with notice and choice, in accordance with EU Information protection law.
(8) Right to withdraw consent. If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time, but this will not affect any processing of your Information that has already taken place.
(9) Right to Opt-Out of Sharing for Marketing. If you do not wish to have Personal Information such as your name, email address, postal address or phone number shared with third parties for their marketing purposes, contact us as described in section ‘Contacting Us’. But note that, in order for us to properly administer the Service, we must continue to share your Personal Information with third parties as described in section 6 above (if you object to such sharing, you should not use the Service).
(10) Right to lodge a complaint with the Information protection authority. If you have a concern about our privacy practices, including the way we handled your Personal Information, you can report it to the Information protection authority that is authorized to hear those concerns.
You may exercise your rights by contacting us as indicated under “Contacting Us” section below.
We take a number of steps to protect your Information, but no security is guaranteed.
Wehands takes reasonable and appropriate steps to protect the Personal Information provided via the Website or the services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.
In addition, we limit access to your Personal Informatio by our employees and service providers, to individuals who need access to perform their job or provide a service to us. They will only use your Personal Information on our instructions and are required to keep your Personal Information confidential.
However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.
11. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
12. LINKS TO OTHER WEBSITES
Our Service contains links to other websites and is not responsible for the privacy practices of such websites (External resources). If you choose to click on a third-party link, you will be directed to that third party’s website. Wehands encourages you to read the privacy policies of all External resources.
The fact that we link to External resource is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These External resources may place their own cookies or other files on your computer, collect Information or solicit Personal Information from you. We encourage you to read the privacy policies or statements of the External resources you visit.
13. PUBLIC PROFILE
The profile you create on our Website will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal
15. CHANGES TO THIS POLICY
16. CONTACTING US
Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their Personal information. Subject to any exemptions provided by law, you may have the right to request access to Personal Information, as well as to seek to update, delete or correct this Personal Information.
To the extent that Wehands' processing of your Personal Information is subject to the EU General Data Protection Regulation, Wehands relies on its legitimate interests, described above, to process your data. Where Wehands processes certain Personal Information for Wehands ‘own direct marketing purposes, you have a right to object to Wehands’ use of your Personal Information for this purpose at any time by opting out from receiving all email You may also object to processing by emailing [email protected]