Terms of Use, Privacy Policy, and GDPR
Privacy Policy
Estudio Fraire takes your
privacy very seriously. We have developed this privacy policy to protect the
information gathered from our site visitors.
When you subscribe or register, we collect and store personally
identifiable information from you that may include your name, postal and email
addresses, facts about your profession, company, and responsibilities. Our web
server identifies the domain name and IP address of each visitor to our
websites. We also track information, in aggregate, on pages and features that
users access.
Information collected about subscribers and users may be used by
us, our publications, and our affiliates and partnering third-party companies
to provide subscribers and users with the features of the site, to enable us to
provide the products you requested, to send email notifications about our
services and products, to enforce our user agreement, to inform advertisers as
to how many users have seen or click their advertising banners, and for audits,
statistical analysis and product development. We will disclose site usage
information to third parties only in aggregate.
We will remove any registrant (and their personal information)
from our database pursuant to a request from the registrant. Estudio Fraire
may modify this policy from time to time to reflect legal, technological or
other developments. Any such modified policy will appear at this URL.
Terms and Conditions
Access and use of the Estudio Fraire website is
subject to the terms and conditions set forth herein and all applicable laws. Estudio Fraire
may revise these terms and conditions from time to time by updating this page.
By using the web site you are agreeing to comply with and be bound by these
terms and conditions.
Copyright Notice
All contents of this web site, other than those expressly
otherwise identified, Copyright 2020 Estudio Fraire. All rights
reserved. Materials published in the Estudio Fraire web sites may
contain other proprietary notices or describe products, services, processes or
technologies owned by Estudio Fraire or third
parties. Please note that by publishing these materials, Estudio Fraire
is not granting any license under any copyright, trademark, patent or another
intellectual property right of Estudio Fraire or any third
party.
Restrictions of Use
Estudio Fraire owns the copyright
in the selection, coordination, arrangement, and enhancement of such content,
as well as in the content original to it. Various third-party content providers
have made available their intellectual property for the purposes of promotion
and own the copyright in content original to it. You may not modify, publish,
transmit, display, participate in the transfer or sale, create derivative
works, or in any way exploit the content of the sites except as otherwise
expressly permitted under copyright law without the express permission of Estudio Fraire
and the copyright owner. For information on reuse and reprints, click here, log
on to www.copyright.com.
Estudio Fraire maintains
the right at any time to change or discontinue any aspect or feature of its
sites.
You shall not upload, post or otherwise make available on
interactive areas and comments sections, forums, and any other user-generated
content section and any material protected by trademark, copyright or another
proprietary right without the permission of its owner. The responsibility lies
with you for determining that such material is not protected by trademark,
copyright or another proprietary right. You will be solely liable for any
damages resulting from any infringement of copyright, trademark or another
proprietary right, or any other harm resulting from any uploading, posting or
submission.
Postings made to the interactive areas do not become the property
of Estudio
Fraire but can be used for the promotion of its print or digital
properties. You grant the royalty-free, non-exclusive and ongoing right, and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display any message posted in interactive
areas and/or any email in Estudio Fraire existing or
future digital or print titles.
Community Guidelines and User
Content
Estudio Fraire may contain
comments sections in which you may post or upload comments or user-generated
content. You are solely responsible for your use of any interactive content
areas and you use them at your own risk.
Community Guidelines
If you submit any user content or participate in an interactive
area within or in connection with Estudio Fraire, you agree to
abide by the following rules of conduct: To agree not to:
Upload, post or otherwise transmit any user content that violates
or infringes in any way upon the rights of others, including any statements
that may defame, harass, stalk or threaten others;
Upload, post or otherwise transmit any user content that is
offensive to the online community, including blatant expressions of bigotry,
racism, abusiveness, vulgarity or profanity.
Upload, post or otherwise transmit user content that does not
generally pertain to the designated topic or theme of any interactive area;
Upload, post or otherwise transmit any user content, software or
other materials that contain a virus or other harmful or disruptive component;
Upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of solicitation;
Upload, post, or otherwise transmit any user content protected by
copyright, trademark, trade secret, right of publicity or another proprietary
right without the express permission of the owner of such copyright, trademark,
trade secret, right of publicity or another proprietary right. The burden of
determining that any user content is not protected by copyright, trademark,
trade secret, right of publicity or other proprietary right rests with you. You
shall be solely liable for any damage resulting from any infringement of
copyrights, trademarks, trade secrets, rights of publicity or other proprietary
rights or any other harm resulting from such a submission. Any person
determined by Estudio
Fraire, in its sole discretion, to have violated the intellectual
property or other rights of others shall be barred from submitting or posting
any further material on Estudio Fraire.
Include images, photos, articles or other content that
constitutes, promotes or encourages illegal acts, violation of any right of any
individual or entity, violation of any local, state, national or international
law, rule, guideline or regulation, or otherwise creates liability.
To protect your safety, please use judgment when submitting
information to the website. Be mindful that divulging personal phone numbers
and addresses or other information can be used to identify or locate you in
public areas of the web site. Estudio Fraire reserves the
right to delete, move or edit any submission at any time, for any reason or in
its discretion, but has no obligation to review or remove any such content.
Disclaimer
The materials on this site are provided "as is" and
without warranties of any kind either express or implied.
Trademarks
The trademarks, service marks, and logos (referred to herein
collectively as "Trademarks") displayed on this site, including Estudio Fraire
and their logos, are registered and/or unregistered marks of Estudio Fraire.
The Trademarks of third parties may also be displayed on this site and are the
property of their respective owners.
Linking
Estudio Fraire sites may
provide links to certain other web sites, not under our ownership or domain. We
have done so only for the convenience of Web users, and are not responsible for
the content of other sites.
Contact
General Data Protection Regulation
We are Estudio Fraire, located at
1140 Broadway 6th Floor, New York, NY 10001 USA (“Estudio Fraire”) and welcome
to our privacy policy. This policy sets out how we handle your personal
information if you’re a Estudio Fraire user or visitor
to our Sites. It applies across all Estudio Fraire Sites (the
“Sites”).
1. When we say ‘we’, ‘us’ or ‘Estudio Fraire it’s because
that’s who we are and we own and run the Sites.
2. If we say ‘policy’ we’re talking about this privacy policy. If
we say ‘user terms’ we’re talking about the rules for using each of the Sites.
The rules vary by product and each product makes them separately available and
seeks consent to them separately to this policy.
The type of personal information we collect
1.
We collect certain personal information about visitors and users of our Sites.
2. The most common types of information we collect include things
like: user-names, member names, email addresses, IP addresses, other contact
details, survey responses, blogs, photos, support queries, forum comments,
content you direct us to make available on our Sites (such as item
descriptions) and web analytics data. We will also collect personal information
from job applications (such as, your CV, the application form itself,
cover letter and interview notes).
How we collect personal information
1.
We collect personal information directly when you provide it to us,
automatically as you navigate through the Sites, or through other people when
you use services associated with the Sites.
2. We collect your personal information when you provide it to us
when you complete membership registration and buy or provide items or services
on our Sites, subscribe to a newsletter, email list, submit feedback, enter a
contest, fill out a survey, or send us a communication.
Personal information we collect about you from others
1.
Although we generally collect personal information directly from you, on
occasion, we also collect certain categories of personal information about you
from other sources. In particular:
1. Social Media;
2. Third party service providers (like Google, and others) who are
located in or outside the US, which may provide information about you when you
link, connect, or log in to your account with the third party provider and they
send us information such as your registration and profile from that service,
this only occurs if you are using Estudio Fraire sites. The
information varies and is controlled by that service provider or as authorized
by you via your privacy settings at that service provider; and
3. Other third-party sources/ and or partners from around the
world whereby we receive additional information about you (to the extent
permitted by applicable law), such as demographic data or fraud detection
information, and combine it with information we have about you. For example,
fraud warnings from service providers like identity verification service. We
also receive information about you and your activities on and off the Estudio Fraire
platform through partnerships, or about your experiences and interactions from
our partner ad networks. We also receive information about you as a rights
holder from our third-party authors. For example, information in the form of a
model release when your image is used in an item made available on our Sites.
How we use personal information
1.
We will use your personal information:
1. To fulfill a contract, or take steps linked to a contract: in
particular, in facilitating and processing transactions that take place on the
Sites, like where you purchase an item from our marketplace.
2. Where this is necessary for purposes that are in our, or third
parties, legitimate interests. These interests include:
1. Operating the Sites;
2. Providing you with services described on the Sites;
3. Verifying your identity when you sign in to any of our Sites;
4. Responding to support tickets, and helping facilitate the
resolution of any disputes;
5. Updating you with operational news and information about our
Sites and services e.g. to notify you about changes to our Sites, website
disruptions or security updates;
6. Carrying out technical analysis to determine how to improve the
Sites and services we provide;
7. Monitoring activity on the Sites, e.g. to identify potentially
fraudulent activity and to ensure compliance with the user terms that apply to
the Sites;
8. Managing our relationship with you, e.g. by responding to your
comments or queries submitted to us on the Sites or asking for your feedback or
whether you want to participate in a survey;
9. Managing our legal and operational affairs (including, managing
risks relating to content and fraud matters);
10. Training Estudio Fraire staff about how
to best serve our user community;
11. Improving our products and services.
12. Providing general administrative and performance functions and
activities; and
3. Where you give us consent:
1. Providing you with marketing information about products and
services which we feel may interest you; and
2. Customizing our services and websites, like advertising that
appear on the Site – where this involves the use of cookies or similar
technologies – in order to provide a more personalized experience.
4. for purposes that are required by law.
5. For the purpose of responding to requests by government, a
court of law, or law enforcement authorities conducting an investigation.
When we disclose your personal information
1.
We will disclose personal information to the following recipients:
1. Companies that are in the Estudio Fraire group which are
located in Argentina and the US;
2. Authors of any items or services made available to you, so they
can facilitate support and license validation, who may be located in any of the
countries our products are available in;
3. subcontractors and service providers who assist us in
connection with the ways we use personal information (as set out above), in
particular: website hosting providers which are located in The US; technical and
customer support services which are located in Argentina, and the US;
recruitment agencies which are located in Argentina and the US; marketing and
analytics services which are located in the US; security and fraud prevention
services which are located in the US; subscription management services which
are located in the US; payment processing services which are located in the US;
identification verification services located in the US; and operational tooling
services which are located in the US. Noting that our subcontractors and
services providers may also transfer and access such information from other
countries in which they have operations.
4. Our professional advisers (lawyers, accountants, financial
advisers etc.) which are located in Argentina and the USA;
5. Regulators and government authorities in connection with our
compliance procedures and obligations;
6. A purchaser or prospective purchaser of all or part of our
assets or our business, and their professional advisers, in connection with the
purchase;
7. A third party to respond to requests relating to a criminal
investigation or alleged or suspected illegal activity;
8. A third party, in order to enforce or defend our rights, or to
address financial or reputational risks;
9. A rights holder in relation to an allegation of intellectual
property infringement or any other infringement; and
10. Other recipients where we are authorized or required by law to
do so.
Where we transfer and/or store your personal information
1.
We are based in the USA so your data will be processed in the USA. Some of the
recipients we have described in section 10 above, and to whom we disclose your
personal information, are based outside Argentina and the US. We do this on the
basis of your consent to this policy. In order to protect your information, we
take care where possible to work with subcontractors and service providers who
we believe maintain an acceptable standard of data security compliance.
How we keep your personal information secure
1.
We store personal information on secure servers that are managed by us and our
service providers, and occasionally hard copy files that are kept in a secure
location in the US. Personal information that we store or transmit is protected
by security and access controls, including username and password
authentication, two-factor authentication, and data encryption where
appropriate.
How you can access your personal information
1. You can access some of the personal information that we collect
about you by logging in to your account. You also have the right to make a
request to access other personal information we hold about you and to request
corrections of any errors in that data. You can also close the account you have
with us for any of our Sites at any time. To make an access or correction
request, contact our privacy champion using the contact details at the end of
this policy.
Marketing Choices regarding your personal information
1. Where we have your consent to do so (e.g. if you have
subscribed to one of our e-mail lists or have indicated that you are interested
in receiving offers or information from us), we send you marketing
communications by email about products and services that we feel may be of
interest to you. You can ‘opt-out’ of such communications if you would prefer
not to receive them in the future by using the “unsubscribe” facility provided
in the communication itself.
2. You also have choices about cookies, as described below. By
modifying your browser preferences, you have the choice to accept all cookies,
to be notified when a cookie is set, or to reject all cookies. If you choose to
reject cookies some parts of our Sites may not work properly in your case.
Cookies and web analytics
We
use cookies to improve the experience of our users. Cookies are small files
that are stored on your computer and are used to identify our users. You will
see a message on our website. By closing this message you consent to the use of
cookies on our part unless you decide to disable them.
When you visit our Sites, there’s certain information that’s
recorded which is generally anonymous information and does not reveal your
identity. If you’re logged into your account some of this information could be
associated with your account. We’re talking about the following kinds of
details:
1. Your IP address or proxy server IP address’;
2. The domain name you requested;
3. The name of your internet service provider is sometimes
captured depending on the configuration of your ISP connection;
4. The date and time of your visit to the website;
5. The length of your session;
6. The pages which you have accessed;
7. The number of times you access our site within any month;
8. The file URL you look at and information relating to it;
9. The website which referred you to our Sites; and
10. The operating system which your computer uses.
2. Occasionally, we will use third-party advertising
companies to serve ads based on prior visits to our Sites. For example,
if you visit our Sites, you may later see an ad for our products and services
when you visit a different Site. Read more about your options in our cookie
policy.
Information about children
1.
Our Sites are not suitable for children under the age of 16 years, so if you
are under 16 we ask that you do not use our Sites or give us your personal
information (if you are a young tech wiz, please direct your nearest
responsible adult to use the Sites for you!). If you are from 16 to 18 years,
you can browse the Sites but you’ll need the supervision of a parent or
guardian to become a registered user. It’s the responsibility of parents or
guardians to monitor their children’s use of our Sites.
Information you make public or give to others
1.
If you make your personal information available to other people, we can’t
control or accept responsibility for the way they will use or manage that data.
There are lots of ways that you can find yourself providing information to
other people, like when you post a public message on a forum thread, share
information via social media, or make contact with another user (such as a
third party Author) whether via our Sites or directly via email. Before making
your information publicly available or giving your information to anyone else,
think carefully. If giving information to another user via our Sites, ask them
how they will handle your information. If you’re sharing information via
another website, check the privacy policy for that site to understand its
information management practices as this privacy policy will not apply.
How long we keep your personal information
1. We retain your personal information for as long as is necessary
to provide the services to you and others, and to comply with our legal
obligations. If you no longer want us to use your personal information or to
provide you with the Estudio Fraire services, you
can request that we erase your personal information and close your Estudio Fraire
account. Please note that if you request the erasure of your personal
information we will retain information from deleted accounts as necessary for
our legitimate business interests, to comply with the law, prevent fraud,
collect fees, resolve disputes, troubleshoot problems, assist with
investigations, enforce the terms of service and take other actions permitted
by law. The information we retain will be handled in accordance with this
Privacy Policy.
When we need to update this policy
1. We will need to change this policy from time to time in order
to make sure it stays up to date with the latest legal requirements and any
changes to our privacy management practices.
2. When we do change the policy, we’ll make sure to notify you
about such changes, where required. A copy of the latest version of this policy
will always be available on this page.
How you can contact us
1.
If you have any questions about our privacy practices or the way in which we
have been managing your personal information, please contact our legal
department in writing at guillermo@estudio-fraire.com.ar
2. We’re really glad you made it to the end of the
privacy policy because knowing this stuff is the best way to
understand how your personal information is used and how to best manage it!
If you’re a user or visitor in the European Economic Area these
rights also apply to you:
1. For the purposes of applicable EU data protection law
(including the General Data Protection Regulation 2016/679 (the “GDPR”), we are
a ‘data controller’ of your personal information.
How you can access your personal information
1.
You are also entitled to ask us to port your personal information (i.e. to
transfer in a structured, commonly used and machine-readable format, to you),
to erase it, or restrict its processing. You also have rights to object to some
processing that is based on our legitimate interests, such as profiling that we
perform for the purposes of direct marketing, and, where we have asked for your
consent to process your data, to withdraw this consent as more fully described
below.
2. These rights are limited in some situations – for example, we
can demonstrate that we have a legal requirement to process your personal
information. In some instances, this means that we may retain some data even if
you withdraw your consent.
3. Where we require your personal information to comply with legal
or contractual obligations, then provision of such data is mandatory: if such
data is not provided, then we will not be able to manage our contractual
relationship with you or to meet obligations placed on us. In all
other cases, the provision of requested personal information is optional.
4. If you have unresolved concerns you also have the right to
complain to data protection authorities. The relevant data protection authority
will be the data protection authority of the country: (i) of your habitual
residence; (ii) of your place of work; or (iii) in which you consider the alleged
infringement has occurred.
Both personal information and personal data have the same meaning
in the context on this page.
CALIFORNIA
CONSUMERS: If you are a California
resident and wish to exercise your rights under the California Consumer
Protection Act, click here
Questions? Please contact us at:
Estudio
Fraire
Av Coronel Díaz Nro
1520 Ofic 2C
Buenos Aires, Argentina (CP 1425)
