Privacy Policy

Last updated: January 10, 2020
  1. ABOUT POCSTOCK

We are POCSTOCK Inc., a Delaware corporation ("POCSTOCK", "we", "our" or "us").

  1. ABOUT THIS PRIVACY POLICY

This privacy policy (the "Privacy Policy") applies to the personal data and other information that  means any individual whose personal data we collect (" you ") provide https://pocstock.com) Site") Services"), Contributor") Client").

  1. DATA WE COLLECT ABOUT YOU

The personal data we collect via or in relation to the Services can be split into three broad categories:

  • information you provide to us;
  • information collected automatically; and
  • information we obtain from third parties.

Information you provide to us

We may ask for and collect the following information when you use the Services:

Identity and profile information : We require you to provide certain personal information to create an account on the Services. If you are a Contributor, the personal information we require includes your name, company name, phone number, email address, country, state, zip code, social media profiles, portfolio website, and account password (which is stored in hashed form). You may also choose to provide us with your photographs, videos, and other artwork, what types of creative services you provide, your availability for Client assignments, and information on the person(s) featured in the Content (such as age, gender, race, ethnicity, skin tone, and other physical features).

If you are a Client, the personal information we require includes your name, company name, phone number, email address, country, state, zip code, and account password (which is stored in hashed form). You may also choose to provide us with your or your company website, your company department, and information regarding any assignments for Contributors.

Payment information : If you are a Contributor, we may request your bank account information or other payment information in order to pay you for any Client purchases of your stock content or for any creative services you provide for the benefit of a Client. If you are a Client, we may request your credit card or other payment information to complete any purchases you make through the Services. We use Stripe, a third party provider to process all payment information and do not store your payment information. The use and storage of your payment information is governed by  Stripe’s Privacy Policy .

Communications : When you communicate with us by email, mail, telephone, or through/via the Services, we collect information about your communication and any information you choose to provide.

Information we collect automatically

We collect certain information automatically when you use the Services. This information includes:

Interaction information and history : Information about your interactions and history with the Services, including the pages that you visit and links you click on, search history, the time, frequency and duration of your Site visits, and your IP address.

Location data : When you use certain features of the Services, we may collect data about your geographical location and the geographical location where your Content was created. We use this data to provide you with location-based services (such as personalized content), to categorize Content, and to confirm location release information.

Cookies : Like many websites on the Internet, when you visit the Site, POCSTOCK may assign your computer one or more cookies to facilitate access to the Site and to personalize your online experience. Through the use of a cookie, POCSTOCK also may automatically collect information about your online activity on the Services, such as the web pages you visit, the time and date of your visits, the links you click, and the searches you conduct on the Services. POCSTOCK may use this data to better understand how you interact with the Services, to monitor aggregate usage by our users and web traffic routing on the Services, and to improve the Site and our Services. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able use some of the interactive features offered on the Services. In addition, please be aware that other parties may also place their own cookies on or through the Site and/or Services and may collect or solicit personal information from you. Other cookies may reflect de-identified demographic or other data linked to the registration data you have submitted to POCSTOCK in hashed, non-human readable form. No personally identifiable information is contained in these cookies.

If you use POCSTOCK's mobile applications, POCSTOCK may also use mobile cookies. A mobile cookie is a small data file transferred to your mobile device for record-keeping purposes. These mobile cookies help POCSTOCK track session-based information and also better understand the effectiveness of the Services (by way of example only, by keeping track of the location and context in which you view a user profile). These mobile cookies do not contain any personally identifiable information.

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser. For further details, visit donottrack.us.

Information we receive from other sources

Service providers and business partners: We may also receive information about you from our service providers and business partners, including companies that assist with payment processing, analytics, data processing and management, identify verification, account management, customer and technical support, hosting, and other services which we use to personalize your POCSTOCK experience. We explain in more detail why and how we use this information below.

When we receive information from other sources, we rely on them having the appropriate provisions in place telling you how they collect data and who they may share it with.

  1. HOW YOUR PERSONAL DATA IS USED

This following explains how we use and process your personal data:

Information you provide to us

We will use this information to:

  • Carry out our obligations arising from any contracts entered into between you and us (including the Contributor Agreement and/or Client Agreement) and to provide you with the Services;
  • Identify service providers that fit your needs;
  • Identify opportunities for your skill set;
  • Better understand our users;
  • Respond to your enquiries or to process your requests in relation to your information;
  • Notify you about important changes or developments to our Services;
  • Process payments for visual content and creative services, and complete other Services-related purchases and payments;
  • Provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
  • Review any messages flagged by a user as abusive;
  • Keep records in response to any complaints filed by users;
  • Ensure that the Services are being presented in the most effective manner for you, making the Services easier for you to use and to provide you with a smooth, efficient, safe and tailored experience; and
  • Detect and protect us against error, fraud and other criminal activity; and enforce our Contributor Agreement, Client Agreement, and other agreements with users.


Information we collect automatically

We will use this information to:

  • Administer the Services and for internal operations, including troubleshooting, data analysis, testing, research, and statistical purposes;
  • Improve the Services and user experience to ensure that content is presented in the most effective manner for you;
  • Allow you to participate in interactive features of our Services, when you choose to do so; and
  • Be used as part of our efforts to keep the Services safe and secure.


Information we receive from other sources

We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the information we receive).

  1. SHARING YOUR PERSONAL DATA 

The following describes the ways we may share your personal data in the normal course of business and in order to provide our Services.

With your consent: We will disclose your personal data when and if you have agreed that we may do so. We will make this clear to you at the point at which we collect your personal data, including the purpose(s) for which we will use the personal data.

Service providers: We use third-party service providers to facilitate or outsource some aspects of our Services and some of these service providers will process your personal data.

If required by law: We may be required to disclose your personal data by law, in response to a valid order of a court or other authority, or to respond to requests relating to criminal investigations.

Change of control: If a business transfer or change of business ownership takes place, we may transfer your personal data to the new owner. If this happens, you will be informed of this transfer.

Protecting our rights: We may disclose your personal data if we feel this is necessary in order to protect or defend our legitimate rights and interests and/or to ensure the safety and security of the Services.

  1. DATA SECURITY

POCSTOCK (either itself or through third party service providers) maintains a variety of commercially reasonable electronic and procedural safeguards designed to protect your personal information from unauthorized access and disclosure. For example, POCSTOCK uses accepted tools and techniques to protect against unauthorized access to POCSTOCK’s systems. You should be aware that POCSTOCK has no control over the security of other sites on the Internet that you might visit or with which you might interact even when a link may appear to another site from one of the Services. POCSTOCK wants you to feel confident using the Services, but no system can be completely secure. Therefore, although POCSTOCK takes steps to secure your information, POCSTOCK does not promise, and you should not expect, that your personal information or communications will always remain secure. In the event of a breach of the confidentiality or security of your information, including your personal information, POCSTOCK will notify you as necessary and if possible so you can take appropriate protective steps. POCSTOCK may notify you under such circumstances using the e-mail address(es) that POCSTOCK has on record for you. You also should carefully handle and disclose your personal information

  1. UPDATING AND RETENTION OF YOUR DATA

You can access and update the personal information we hold about you by logging in to your account on the Services. For instructions on accessing your information, to request a copy of the information we hold about you or to otherwise request assistance with these rights please contact us using the information below. 

We retain your personal information as long as we are providing the Services to you. We retain your personal information after we cease providing Services to you, even if you delete your account, to the extent necessary to fulfill your request (for example, keeping your email address to make sure it’s not on our mailing list); to comply with our legal and regulatory obligations; to maintain proof of rights ownership and release information relate to the Content; for the purpose of fraud monitoring, detection and prevention; to comply with our tax, accounting, and financial reporting obligations; or where we are required to retain the data by our contractual commitments to our partners. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law. 

Even if you delete your account and we delete your information from our systems, keep in mind that the deletion by our third party providers may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time. We retain your account registration date and closure date; name; email address; Contributor upload, submission, download, and payment history; and all model and property release documents even after you have deleted your account on the Services. Contributor Content may continue to be visible on the Services for up to 120 days for the purposes of providing recommendations to alternative Content. Contributor Content will not be able to be licensed by Clients during this period. 

  1. CHILDREN

POCSTOCK is not intended for use by children. Individuals under the age of 18 are not permitted to use the Services and must not attempt to register an account or submit any personal data to us. We do not knowingly collect any personal data from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible.

If you are a parent or guardian and you learn that your child (under the age of 13) has provided us with personal data, please notify us immediately [ click here ].

  1. YOUR RIGHTS

You have various rights in relation to your personal data, including:

  • the right of access to a copy of the personal data we hold about you;
  • the right to require us to correct any inaccuracies in your personal data;
  • the right to object to decisions about you being taken by automated means;
  • where we have sought your consent, the right to withdraw your consent at any time; and
  • the right to ask us not to process your personal data for direct marketing purposes.

California Residents

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under California law.

If you are a resident of California, in addition to the rights set forth in this Privacy Policy, you generally have the right to request information from us regarding the manner in which we share certain categories of personal data with third parties for their direct marketing purposes. Under the law, however, a business is not required to provide this information if it adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s personal data to third parties for their direct marketing purposes if the customer has exercised an "opt-out", as long as the business maintains and discloses this policy and provides a cost-free means to exercise that right. If you wish to opt-out of having your personal data disclosed for direct marketing purposes you may make such a request free of charge by contacting us [ click here ].

For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see the Data We Collect About You section above. We collect this information for the business and commercial purposes described in the How Your Personal Information is Used section above. We share this information with the categories of third parties described in the Sharing Your Personal Data section above. POCSTOCK does not sell (as such term is defined in the California Consumer Privacy Act) the personal information we collect (and will not sell it without providing a right to opt out).

  1. VISITING THE SITE AND SERVICES FROM OUTSIDE THE UNITED STATES

This Privacy Policy is intended to cover collection of information on the Services from residents of the United States and is not directed to the residents of any other country. If you are visiting the Site or using the Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where POCSTOCK’s servers are located and POCSTOCK’s central database is operated. By using the Services, you understand that your information may be transferred to POCSTOCK’s facilities and those third parties with whom POCSTOCK shares it as described in this Privacy Policy. You are responsible for ensuring that information you share conforms to all local data protection laws.

  1. MORE INFORMATION

It is our goal to make our privacy practices easy to understand. If you have questions, concerns or if you would like more detailed information, please contact us [ click here ].

  1. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may change from time to time and, if it does, the up-to-date version will always be available on our Services. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Services and update the "Last updated" date at the top of this page. Please be sure to periodically check this page to ensure that you are aware of any changes to this Privacy Policy. Any material changes to this Privacy Policy will be communicated to registered users by a notification to their account and/or by posting a notice of the change on the Services.