Leverantörsvillkor

 


General

Please read carefully the following terms of use (the “Terms”) before using this website (the “Website”). This Website is the property of Printler AB (“Printler”). By accessing and using the Website, you acknowledge and agree to abide by these Terms (with the exception of the Privacy Policy, which requires a special consent). If you do not agree to these Terms, do not use the Website.


1. The Service

Printler offers a local photo print market, where amateur photographers as well as professional photographers (the “Photographer” or “you”) can upload photographs (the “Photo”) to an online photo gallery. Private individuals and/or organizations (the “Buyer”) can purchase numbered high quality large format prints (the “Print”) and/or unnumbered posters (the “Poster”) through the Website.


2. Registration

Registration to this Website is free. When you register, you shall provide Printler with current, true and complete information requested in the registration form. You are responsible for keeping your information updated and complete. You are only allowed to register for one Printler account. Violation of these Terms may result in immediate termination of your Printler account and may result in legal action against you.

You shall always keep your username and password confidential. You expressly understand and agree that you will be entirely responsible for any and all access to, and use of your Printler account.

When you upload Photos through the Website, you warrant that you have the legal capacity and are of legal age (e.g. 18 years in Sweden), or have the legal consent, to enter into and legally bind yourself to the obligations set forth in these Terms.

3. Privacy Policy

Printler is the controller of personal data for the processing through our website.

The purpose of this privacy policy is to enable you to be confident that Printler, in it’s capacity as controller of personal data, are processing the information about you in accordance with applicable privacy legislation.

What is personal data?

 Personal data means all types of information which can, directly or indirectly, be associated with a living physical person. The services may involve personal data relating to given names and surnames, telephone numbers, addresses, postal codes, e-mail addresses, location, logging, IP-address, device information and personal ID numbers (the “Personal Data”).

What do Printler use Personal Data for?

 The Personal Data Printler intend to collect and process is given names and surnames, e-mail addresses, telephone numbers, place of residence, addresses, employer, personal ID numbers, PayPal-account name, logging, IP-addresses and device information.

The purposes and aims of the processing of the Personal Data are to create user accounts, create presentations of the photographers, send invoices, register user logins and Facebook retargeting. To this end, Printler also use cookies. 

You decide if you want to leave any Personal Data to Printler. But in order to use the service, you need to provide Printler with current, true and complete information as requested in the registration form. In case you choose not to provide any Personal Data, you will not be able to use the service.

The name of the photographer will be published on the website next to the photographer’s photo. Please notify Printler in case you do not want your name to be published.

Printler may use images for marketing purposes through blogs and other social media.

You decide if you want to leave any Personal Data to Printler. But in order to use the service, you need to provide Printler with current, true and complete information as requested in the registration form. In case you choose not to provide any Personal Data, you will not be able to use the service.

The name of the photographer will be published on the website next to the photographer’s photo. Please notify Printler in case you do not want your name to be published.

Information to other parties

 Printler will not, without your permission, release your Personal Data to any other party in any way other than as follows from this Privacy Policy.

Other than as provided in this Privacy Policy, Printler will not share the Personal Data which you provide with any third party.

Printler will not disclose Personal Data to third parties other than when (i) it is specifically agreed between Printler and you, (ii) when it is necessary within the framework of a particular assignment to exercise your rights, (iii) if is necessary for Printler to comply with statutory duty or to comply with government decisions or court decisions; or (iv) in the event that Printler hire an outside service provider who performs assignments on Printler’s behalf. These service providers are then required to use your Personal Data only on Printler’s behalf and undertake to protect them.

As said under section 5, Printler uses PayPal for payments of remunerations. Therefore, certain Personal Data will need to be submitted to PayPal when you create a PayPal account.

Personal Data will not be disclosed to third parties for marketing purposes in any way other than as follows from this Privacy Policy.

 

Transfers to third countries

Printler will not transfer Personal Data to any third country (i.e. a country outside of the EU/EEA).

Deletion of data

Your Personal Data will not be stored for longer than is necessary in light of the purposes of the processing and, in general, Printler will delete Personal Data in the manner which follows from applicable legislation.

Right to request information and right to correct data

 

You are entitled, free of charge, to request information regarding the Personal Data about you which Printler process and to have any erroneous information corrected. If you would like to know how Printler process Personal Data about you, you can send a written, signed request to Printler (see “Contact Information” below).

Printler may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).

 

Right to access for the data subject

You are, at any time, entitled to confirmation from the controller whether or not your Personal Data are being processed. If so, the controller shall provide you with information in accordance with applicable legislation.

 

Security

Printler take all appropriate technical and organisational security measures which are necessary to the safeguard the Personal Data against unauthorised access, modification, or destruction. However, providing Personal Data over digital channels always entails a risk since it is not possible to completely protect technical systems from unauthorised access.

 

Personal Data breach

In case of a Personal Data breach, Printler shall without delay (not later than 72 hours after having become aware of it) notify the supervisory authority (The Swedish Data Protection Authority). When the Personal Data breach is likely to result in high risk to the right and freedoms of natural persons, Printler shall communicate the Personal Data breach to you without delay.

Printler shall record any Personal Data breach including the facts surrounding the breach, its effects and the remedial action taken.

 

Amendments to the Privacy Policy

In the event we need to amend our Privacy Policy, Printler will give notice when you log onto the services, and will provide information regarding the content of the new terms and conditions for your approval.

 

Cookies

Printler’s website contains cookies. These cookies are used for various functions such as user login and Facebook retargeting.

Facebook retargeting has the following meaning. When you visit and navigate Printler’s website your web browsers can collect and store small pieces of data known as “cookies.” Your information gathered by browser cookies is then sent back to Printler’s server which tracks and records your behavior on Printler’s website. This allows Printler to send posts or ads to you via Facebook (provided that you have Facebook and that you accept the use of cookies).

If you do not accept the use of cookies, you may turn cookies off in your browser’s security settings. However, this may limit the functionality of the page. 

Contact information

If you have any questions regarding this Privacy Policy or any other question regarding Printler’s processing, please feel free to contact Printler:

Printler AB
Att: Sven Burman
Box 151, 931 32 Skellefteå, SWEDEN
sven@printler.com

The Swedish Data Protection Authority

For more information about current legislation, what responsibility Printler have for the processing and what rights you have, see http://www.datainspektionen.se/dataskyddsreformen/

Questions regarding the processing of Personal Data can also be addressed directly to The Swedish Data Protection Authority, datainspektionen@datainspektionen.se or 08-657 61 00.

Consent

When you approve this Privacy Policy, you approve Printler’s use and processing of your Personal Data and Sensitive Personal Data in accordance with the description provided in this policy. 

You also approve Printler’s use of cookies and other similar technology. These technologies are used to identify your browser or device and also to collect and store information when you visit or use Printler’s digital channels and services.

If you do not accept the terms of this Privacy Policy, please do not use the digital channels or the services.

You may revoke your consent at any time.


4. Rules of conduct

You may use the Website for lawful purposes only. You may not disgrace or in any other way defame people visible in your uploaded Photos. You expressly understand and agree that when uploading a Photo to the Website or when communicating via the Website you may not post, transmit or otherwise distribute illegal material.

You undertake not to:

• Defame abuse, harass, threaten or otherwise violate the legal rights of others or of any third party including Printler;

• In any manner publish or post any inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful topic, name, material or information;

• Contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm Printler or the Website in any way;

• Publish or otherwise make available, images, photographs or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to such action;

• Falsify or delete any information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or other material contained in the Photos; and

• Download any content available through the Website that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner that results in copyright infringement.


5. Photos and remuneration

Printler allows you, as a “basic member” to upload and store up to fifteen (15) Photos and as a “premium member” to upload and store up to thirty (30) Photos in your online photo gallery on the Website at the same time. Please note that all uploaded Photos must comply with the conditions set forth in these Terms.

When you upload a Photo to your online photo gallery on the Website, you grant Printler an exclusive and worldwide perpetual license to print, sell or in any other way commercialize such Photo in the format preferred by Printler in its own discretion.

This means that you must be the photographer or the proper holder of the rights to the Photo in order to upload to the Website. Hence, Photos that were previously sold for use may not be uploaded to the Website.

 Printler reserves the right to, in its own discretion, at any time and without previous notice, reject the upload of a Photo or delete a Photo uploaded to your photo gallery on the Website.

 Printler reserves the right to, free of charge, use uploaded Photos as part of Printler’s marketing actions, including sending demo examples to influencers.

To ensure that the uploaded Photos are suitable for large format prints, each uploaded Photo shall be taken with appropriate camera equipment and meet the following technical requirements:

  1. Resolution: at least 10 Megapixels (although 14 Megapixels or higher is preferred),
  2. Quality: JPEG:12
  3. Colour Profile: RGB-profiles are requiered (Adobe RGB is preferred).

You understand and agree that prior to uploading a Photo, your or the photographer’s rights (as applicable) to be mentioned as photographer, artist or copyright holder have been waived.

Photos which contain identifiable individual(s) and/or property and other design elements forbidden to photograph, must be accompanied by a signed document in which the individual(s) or rightful owner give his/her/their/its consent. 

Printler will offer Prints and/or Posters based on the Photos uploaded by you and will upon sale compensate you in accordance with the current rates set by Printler.

Standard remuneration is forty (40) per cent of the profit from the sale of a Print, i.e. the retail price (excl. VAT), minus costs for printing and framing the Print, minus costs for packaging and shipping (“Profit”). For the avoidance of doubt, any profit on accessories or additional services such as frames and assembly, shall not be a part of the Photographer’s Profit. For some products, e.g. Posters, Printler may, in its own discretion, decide to lower the remuneration to thirty (30) per cent of the Profit.

Printler may, in its own discretion, choose to upgrade a Photographer to a higher remuneration-level. Sales volume and reputation are examples of criteria to be taken into consideration. A Photographer may also be downgraded if Printler, at its own discretion, consider that the criteria for a higher remuneration-level are not met anymore.

Payments of remuneration to the Photographer are made only through PayPal. It is the Photographer’s responsibility to create and assign a PayPal account connected to the Photographer.

Payments will be made monthly in arrears, at the earliest thirty (30) days after a Print/Poster has been sold by Printler. Payments are made only for amounts exceeding SEK 1,000. Should the aggregated Profit not exceed SEK 1,000 at the time you deregister your account at the Website, such earned Profit will be withheld by Printler.


6. Intellectual Property Rights

Except for what is stated in Section 5, all intellectual property rights related to the uploaded Photos shall remain the sole and exclusive property of the rightful owner.

By uploading a Photo to the Website you explicitly warrant that you own or control the rights thereto or have received all necessary consent to such action.

By uploading a Photo to the Website you explicitly warrant that you have received proper consent from any and all individual(s) depicted in such Photo. Upon written request from Printler you undertake to provide written evidence of such consent. Printler retains the right to request additional consent from any and all individuals depicted in any Photo uploaded to the Website.

By uploading a Photo to the Website, that includes any work of art, including but not limited to paintings, sculptures, architectural manifestations, private property and any other work of art that is subject to copyright legislation, you explicitly warrant that you have received proper consent from the rightful copyright holders.


7. Limitation of Liability 

You expressly understand and agree that Printler or its service providers shall in no event be liable for any direct, indirect, consequential, exemplary, incidental or punitive damages, including but not limited to, lost profits, damages due to business interruption and damages due to loss of data or information, arising out of or in connection with your use or inability to use the Website.

Printler shall not be held responsible for any infringement in third party rights caused by the Photos uploaded to the Website.


8. Limited Warranties

You expressly understand and agree that your use of the Website and the services provided by Printler is at your sole risk. The Website is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Printler expressly disclaim all warranties of any kind. Printler does not warrant that the Website will meet your requirements of it or that the use of the Website will be uninterrupted or free from errors.

Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or other device or loss of data that is a consequence from your actions while visiting the Website.


9. Indemnification

You agree to hold harmless and indemnify Printler, and its affiliates, officers, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in connection to your use of the Website, breach of these Terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers' fees, of every kind and nature.


10. Miscellaneous

Photographers shall under no circumstances be considered employees or affiliated in any other way with Printler.

You are responsible for all taxes and fees associated with the remuneration paid out by Printler. For the avoidance of doubt, Printler does not take responsibility for your taxes, fees, tax-declarations or remunerations of any kind related to your use of the Website.


11. Term and termination

Printler may, at any time and for any reason, amend these Terms by publishing the amended Terms on the Website. The amended Terms shall automatically be effective ten (10) days after they are published. These Terms are effective as of [10th of November 2017].

Amendments to the Privacy Policy will be amended in accordance with section 3.


12. Severability

If any provision of these Terms is found invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that the balance of these Terms remain in full force and effect.


13. Governing Law and Disputes

These Terms shall be governed and construed in accordance with the laws of Sweden, without giving regard to its principles of conflicts of laws.

Any dispute, controversy or claim arising out of, or in connection with, these Terms, or the breach, termination or invalidity thereof, shall be finally settled by the District Court of Skellefteå. You and Printler undertake to not appeal the District Court´s judgment or decision.

The legal proceeding will be conducted in the Swedish language.