Privacy Policy

1. Scope of This Privacy Policy

1.1. Scope of Application

This Privacy Policy describes our commitment to the protection of data privacy and how we treat the Personal Information that we receive from visitors of this website (“Website(s)”) and users of software applications (“App(s)”) that (i) are managed and operated by FUJIFILM Europe or one of its affiliates as indicated under the Section “Data Controller” (“FUJIFILM” or “we”) and (ii) have a link to this Privacy Policy.

This Privacy Policy may also apply when referred to in an offline context, e.g. for workshops and other events and marketing activities. In case stipulations that differ from this Privacy Policy are clearly indicated, the relevant differing stipulations shall prevail.

1.2. Data Controller and Data Protection Officer

The Data Controller in relation to any personal data that is collected within the scope of this Privacy Policy is FUJIFILM Electronic Imaging Europe GmbH, Fujistraße 1, 47533 Kleve, Germany. For further information please see the Website imprint.

Our Data Protection Officer can be contacted as follows:
Mail: FUJIFILM Electronic Imaging Europe GmbH, Data Protection Officer, Fujistraße 1, 47533 Kleve, Germany
Email: datenschutz_ffrm@fujifilm.com

1.3. External links

This Privacy Policy does not apply to those websites that have published their own privacy statement and to third party sites, even if links to their websites are on our Website(s) and App(s). Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave one of our Websites and to read the privacy statements of each and every website that collects personal information.

2. Management of Personal Information

2.1. Collection of Personal Information

In principle, you may view the Website(s) without disclosing Personal Information. The Website(s) and App(s) may collect certain technical information, e.g. which content you have viewed within the Website(s), or which website you have referred to access the Website(s). In the process of collecting such information, which purpose is to improve the usability of the Website(s) or App(s), information shall not be collected in a manner in which you may be identified, nor shall you be identified during the process of information analysis.

You may be requested or required to provide personally identifiable information (“Personal Information”) to access certain areas of the Website. Also, we may ask for certain Personal Information when you order a product, request services, participate in promotional activities or research studies or correspond with us. Personal Information we collect may include name, mailing address, phone number, email address, payment details and other details you provide to us for example in a contact form, registration for an account or subscription to an email newsletter or other marketing communication.

We process your Personal Information based on your consent, for the performance of a contract or as necessary for the purposes of our legitimate interests, including for responding to your enquiries and to customize and improve our web offerings, products and services in accordance with your preferences (Art. 6 (1) (a), (b) and (f) GDPR).

2.2. Purpose of Use of Personal Information

The purpose of use of your Personal Information shall be clearly indicated in this Privacy Policy or otherwise when collecting the information, except in cases where the purpose of use is self-evident to you. The use of Personal Information provided by you shall be limited to the purpose of use indicated to you in advance. However, we reserve the right to conduct additional processing to the extent permitted or required by relevant laws and regulations.

Furthermore, we may be required to use and retain personal data for legal and compliance reasons, such as the prevention, detection, or investigation of a crime; loss prevention; or to combat fraud. We may also use personal data to meet our internal and external audit requirements, information security purposes, and as we otherwise believe to be necessary or appropriate: (a) under applicable law, which may include laws outside your country of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (c) to enforce terms and conditions; and (d) to protect our rights, privacy, safety, or property, or those of other persons.

The following examples illustrate possible scenarios in which we collect and use your Personal Information:

2.2.1. User Accounts

When you register for a customer account we usually collect name, e-mail address and password. In addition, you can provide your address, including billing and delivery address in your customer account. When placing an order, we collect data on the goods you have selected, corresponding pricing information, any vouchers you might use, your billing and delivery address, and the selected method of payment and shipping. In connection with the fulfilment of orders we collect in particular information regarding payment, delivery and returns.

Our FUJIFILM Professionals Platforms are exclusive platforms for professional users specifically interested in receiving information on certain FUJIFILM products and services. When you register for a user account at one of our FUJIFILM Professionals Platforms, we usually collect your name, company name, department and job title as well as your business related contact information.

We may use your Personal Information to maintain your user account, to verify that you are a legitimate user, to provide you with the requested information on FUJIFILM products and services, including any newsletters you may subscribe to and to respond to support and other enquiries you might have. In connection with your user account, we may analyze your use of our website and our newsletter to better understand your preferences and to improve our web services. We store such information in connection with your user account. If you have given your marketing consent, we might also contact you under your business contact details for marketing purposes in relation to our products and services that may be of interest for you.

If you have created a user account, we store your data for as long as you maintain your user account. In the event of deletion of your user account, we store the relevant data only to the extent permitted or required by law.

Through your user account, you can administer and update your contact data and your preferences. Please treat your access data as confidential and do not share your password with any third parties. If you become aware of, or if you suspect that a third party has obtained unauthorized access to your access data or uses your account, please change your password without undue delay.

2.2.2. Personalized Services

In connection with the personalized services, we may process and use your information for advertising and market research purposes or for personalized provision of services if you have given your consent. If you give your consent the information accessed by you whilst visiting the Website(s) and Apps(s) may be stored in a user profile in order to be able to offer you information specifically personalized for you (e.g. in the form of a newsletter). You may withdraw your consent at any time with effect for the future.

If you use personalized services we will use your Personal Information required for the provision of the services for the duration of your registration and thereafter for as long as required or permitted under applicable laws. We may share your information with affiliated FUJIFILM companies if this is necessary to respond to your inquiries or if necessary for the provision of the services. We may forward inquiries regarding our products and services also to a distributor that is responsible for the relevant product or service category and region.

2.2.3. Blog / Forums

Some of our Websites offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blog or community forum, contact us with the contact details provided in the section “Contact Us”. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

2.2.4. Email newsletters

If you subscribe to our newsletter(s), we will use the Personal Information necessary or separately provided by you to send you our email newsletter(s) as agreed. Newsletter emails may contain web beacons, tracking pixels or links that allow us to analyze your use of the newsletter, including information on whether you received and opened our newsletter. You may withdraw your consent and unsubscribe from the newsletter at any time either by sending a message to us or via a dedicated unsubscribe link in the newsletter.

2.2.5. Email advertising without subscription

If we receive your email address in connection with the sale of goods or services and you have not objected to this, we are entitled to regularly offer you similar goods and services, such as the one you purchased by using your email. You may withdraw your consent to such use of your email address at any time in the future by sending a message to us or via the unsubscribe link provided in our emails.

2.2.6. Postal advertising

We may be entitled by applicable laws to store your first and last name, postal address and, if applicable, your title and academic degree and use it for our own advertising purposes, in particular for sending offers and information about our goods and services by postal services. You can object to this use of your information at any time for the future by sending a message to us.

2.3. Data Sharing and Disclosure

We will not disclose or supply, share or otherwise distribute your Personal Information to third parties except as described in this Privacy Policy. We share Personal Information when:

(a) your consent is given in advance;

(b) it is necessary to provide you with our services, including in particular, sending of marketing communications, providing customer service, supporting our marketing and product distribution, or operating our systems or applications. These companies are authorized to use your Personal Information only as necessary to provide these services.

(c) Personal Information may be shared with the FUJIFILM group if needed to provide services or fulfill product orders, for account administration, to facilitate sales and marketing, for customer and technical support, and to promote business and product development. Please click here http://www.fujifilm.com/about/office/ to see a list of FUJIFILM Group locations we may share Personal Information with. We may also forward inquiries regarding our products and services to a third party distributor that is responsible for the relevant product or service category and region;

(d) you order products or use other services which require a fee, your name, address, credit card number, and other information is disclosed to financial institutions or other parties for payment settlement;

(e) our business is assigned or transferred either by operation in law or otherwise including mergers, consolidations and dissolution or transfer of operations;

(f) your Personal Information disclosure is required by applicable laws and regulations or such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding conducted by relevant authorities; or

(g) there is an immediate need for disclosure to protect human life or human rights.

2.4. International Data Transfers

We may transfer the Personal Information we collect to and store such information in other countries which may have different privacy or data protection laws than the country in which the information was provided.

This means that your Personal Information also may be transferred to and/or processed by FUJIFILM entities or (on their behalf) by third party service providers outside the European Union ("EU") or the European Economic Area ("EEA"). The data protection regulation in the relevant countries where your Personal Information is collected or processed might deviate from the level of protection granted by legislation in the EU/EEA. However, FUJIFILM will ensure the adequate protection of your Personal Information in accordance with the applicable laws and the principles set out herein. By using our Website(s) and App(s), you agree with the collection and transfer of your Personal Information outside the EU/EEA as described herein.

2.5. Data Security

FUJIFILM takes adequate technical and organizational security measures in order to protect your Personal Information from being misused and to prevent the loss of your information. Your Personal Information is saved in a secure operating environment that is not accessible to the public. All Personal Information provided by you in the course of registration or use of personalized services will be transferred in encrypted form in order to prevent misuse of the information by any third party.

3. Use of Cookies, Tracking Technology and Social Media Plug-ins

3.1. Use of Cookies and Tracking Technology

Our Website(s) and App(s) may use “Cookies” or similar technologies (analysis programs and social media services). Cookies are text files that are sent by a Website(s) to the user's browser in order to store information on the user's devices. Whenever the Website(s) is accessed, the information contained in the Cookie is read by the Website(s).

3.1.1. Your consent to the use of cookies

We distinguish between strictly necessary cookies, which are required for the proper functioning of our Website(s), and other cookies. Strictly necessary cookies do not require your consent. For other cookies we request your consent before placing them on your device. You can use our website only after confirming your cookie settings.

When you first visit our Website(s) a pop-up window is shown with our Cookie Consent Manager. If you click on the button “Cookie Settings” you will be directed to the Privacy Preference Center. The Privacy Preference Center also displays a cookie list where you can find details about the cookies and the purposes they are used for. In the Privacy Preference Center you can enable or disable the use of cookies with the toggle switch. Please note that if you do not accept cookies, you may not be able to use certain features of our website as intended.

3.1.2. Changing your cookie preferences / withdrawing your consent

You may change your cookie preferences anytime in the Cookie Settings.

You can also deactivate the use of / delete cookies via your browser settings at any time. Please note that in this case you may not be able to make full use of the complete range of functions offered by the Website(s).

3.1.3. Cookie list

3.2. Social Network Plug-ins

Our Website(s) and App(s) may offer plug-ins for social networks (“Networks”). Social network plugins are easy ways of sharing content with other people via Networks. When you access the Website(s), these plug-ins can potentially create a direct connection between your browser and the respective Networks. If you interact with the plug-ins, for example in the case of Twitter by clicking on “Tweet This” or with Facebook by clicking the ‘I like' button or making a comment, the corresponding information will be transmitted directly from your browser to the Network. In some cases, information is already exchanged with a Network when you visit the Website(s), regardless whether you interact with the plug-ins or not.

You can prevent information from being shared with a Network by not allowing the corresponding Cookies and/or logging off from the Network before using the Website(s).

4. Data Retention

We will retain your Personal Information for as long as your account is active or as needed to provide you with services. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

5. Your Rights Relating to your Personal Information under the GDPR

You have the right to request from us access to and rectification or erasure of personal data, to restrict processing of your personal data, to object to such processing and to exercise your right to data portability in accordance with the GDPR and applicable laws.

You have the right to lodge a complaint with a competent supervisory authority in accordance with the GDPR and applicable laws if you consider that the processing of personal data relating to you infringes the GDPR. For this purpose, you can contact in particular the supervisory authority in the EU Member State of your habitual residence or the place of the alleged infringement. A list of the national Data Protection Authorities can be found at https://edpb.europa.eu/about-edpb/about-edpb/members_en.

6. Changes to the Privacy Policy

FUJIFILM reserves the right to change, amend, or update this Privacy Policy. If we do decide to change our Privacy Policy, we will post the revised Privacy Policy and indicate the date of publication. On return visits, please remember to review the Privacy Policy for any changes, since continued use of the Website(s) or the App(s)s after any posted revision indicates your consent to our use your information in accordance with the changed, amended, or updated Privacy Policy.

FUJIFILM COLLABORATORS PROGRAM TERMS AND CONDITIONS

General

1. Instructions on how to apply for the “X-Thusiasts Program” (“Program”) form part of these Terms and Conditions. By submitting an application to this Program you are deemed to have accepted these Terms and Conditions.

2. The promoter of this Program is FUJIFILM Electronic Imaging Europe GmbH of Fujistrasse 1, 47533, Kleve, Germany (“Promoter”).

3. Subject to clause 4, application to this Program is open to residents from the countries as listed in the application form aged 18 years or over (“Participants”).

4. Employees of the Promoter and agencies associated with this Program are ineligible to apply.

The Program commences on 1st March 2022 and will continue until such time as the Program is terminated by the Promoter. The Promoter will provide a minimum of two (2) weeks’ notice to all Participants prior to the Program ending, via an announcement at Fujifilm Collaborators (“Website”).

6. The laws of Germany apply to this Program to the exclusion of any other law. Participations submit to the exclusive jurisdiction of the courts of Düsseldorf, Germany.

Participation

7. To apply to the Program, Participants must visit the Website and follow the prompts to provide the requested details for verification, as well as the photographs they wish to submit.

8. Participants must upload six (6) photographs taken by the Participant on a FUJIFILM X Series camera.

9. The Promoter will individually judge the photos submitted based on originality and artistic merit and select photos submitted for use in further FUJIFILM promotional materials including but not limited to social and digital channels, subject to the licence set out below.

10. If a Participant’s photographs are selected for use in further FUJIFILM promotional materials, including but not limited to social and digital channels, the Participant will be given credit for any images used by first and second name. Any such Participant should reap the benefits of being featured by FUJIFILM on various platforms. If a successful Participant’s work is considered exceptional, they may potentially be considered for a position as a FUJIFILM brand ambassador and/or considered for commissioned work.

11. Participants agree that they are fully responsible for any materials they submit via the Program including but not limited to comments, links, and images (“Content”). The Promoter shall not be liable in any way for such Content to the fullest extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Participants warrant and agree that:

(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

(b) their Content shall not contain viruses or cause injury or harm to any person or entity;

(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

(d) their Content is either their original work or they will obtain full prior consent from any person who has jointly created or has any rights in their Content to the uses contemplated by these Terms and Conditions prior to submitting their Content, and their Content does not infringe the rights of any third party;

(e) they consent to any use of their Content, shall obtain waivers of all moral rights in their Content to which any individual is now or may be at any future time entitled under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction and warrant that they have the full authority to grant these rights; and (f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

Without limiting any other terms herein, the Participant agrees to indemnify the Promoter for any breach of the above terms.

12. As a condition of participating in this Program, each Participant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display any Content they submit for any of the following promotional or marketing purposes in any of the following media operated by the Promoter, its affiliates or sub-licensees without compensation, restriction on use, attribution or liability:

(a) the Promoter's or affiliate´s social media accounts;

(b) Promoter-owned website (such as instax.co.uk, myFUJIFILM.co.uk and fujifilm-x.com) galleries and pages promoting or supporting the Fujifilm Collaborators Program;

(c) digital PDF documents, such as eBooks;

(d) email and email marketing to the Promoter’s or affiliate´s contact list;

(e) blog posts on Promoter-owned websites; and (f) online advertisements promoting the Fujifilm Collaborators Program.

13. By participating in the Program, Participants also consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) for an unlimited period without remuneration for the purpose of promoting this Program (including any outcomes), and promoting any products manufactured, distributed and/or supplied by the Promoter, as outlined in clause 13.

Verification

14. The Promoter reserves the right, at any time, to verify the validity of Participants (including their identity, age, place of residence and employment) and reserves the right, in its sole discretion, to disqualify any Participant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the Program or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Program. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

15. If there is a dispute as to the identity of any Participant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Participant.

16. Incomplete or indecipherable submissions will be deemed invalid.

Privacy

17. The Promoter collects personal information ("PI") in order to conduct and administer the Program and may, for this purpose, disclose such PI to third parties, including but not limited to related entities (affiliates), agents, contractors, service providers, suppliers and, if required, to any authorities. Participation in the Program is conditional on providing the requested PI. The Promoter will also use and handle PI as set out in its Privacy Policy and in accordance with applicable data protection legislation] The Promoter will not disclose Participants’ PI to countries outside the EEA other than potentially to its service providers subject to appropriate protections in accordance with its Privacy Policy.

Promoter’s Rights

18. These Terms and Conditions may be changed, amended or varied at any time for any reason by the Promoter in its absolute discretion. Any updated version of the Terms and Conditions will be posted on the Website. All changes are effective from the date of posting of the revised Terms and Conditions. The Promoter recommends that all Participants re-visit the Website from time to time to read the Terms and Conditions.

19. The Promoter’s decision in relation to all matters arising under this Program is final and binding. No correspondence will be entered into.

20. Each Participant agrees that, unless otherwise indicated and with the exception of Content submitted by Participants, all copyright in the information and materials contained on the Website (including but not limited to any text, images, audio, or video), together with any trade mark/s, logo/s and/or any other material in which intellectual property right/s are capable of subsisting, as featured herein, is owned by the Promoter, or otherwise reproduced by the Promoter with the permission from the relevant owner/licensee, as the case may be.

21. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Program.

22. If this Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to disqualify any Participant and/or to modify, suspend, terminate or cancel the Program.

23. To the extent permitted by law, the Promoter may also, in its absolute discretion, at any time:
(a) terminate the Program;
(b) exclude a Participant from applying to the Program.

Liability and Indemnity

24. Nothing in these terms and conditions excludes or limits the Promoter’s liability for (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; (c) any other matter for which it would be illegal for the Promoter to exclude or attempt to exclude its liability.

25. Save as provided in paragraph 25 above the Promoter is not liable for losses that result from its failure to comply with these Terms and Conditions or any other failure that fall into the following categories (a) loss of income or revenue; (b) loss of business; (c) loss of profits; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time.

26. Save as provided in paragraph 25 above, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for (a) any personal injury; or (b) any loss or damage, whether direct, indirect, special or consequential, arising in any way out of: (i) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (ii) any theft, unauthorised access or third party interference; (iii) any submission or Content that is lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or (iv) use of the Website.

27. To the extent permitted by law, the Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site or intranet site, or any combination thereof, including (but not limited to) any injury or damage to Participant’s or any other person’s computer related to or resulting from participation in or downloading any materials in this Program.

28. Any cost associated with accessing the Program website is the Participant’s responsibility and is dependent on the Internet service provider used.

29. Each Participant indemnifies the Promoter (including its respective officers, employees and agents) from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of the Participant using the Website and/or participating in the Program in breach of these Terms and Conditions or the Terms of Use of the Website.