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Photo Library Terms of Use & Privacy Notice

TERMS OF USE

The European Space Agency (herein the "Agency" or "ESA") is an intergovernmental organisation established by its Convention opened for signature in Paris on 30 May 1975 having its headquarters located at 24 rue du Général Bertrand, CS 30798, 75345 Paris Cedex 07, France.

Disclaimer
These terms and conditions constitute an agreement with the user or registered user of this site ("You") and the European Space Agency ("ESA").

Access to, and use of, the ESA Photo Library for Professionals website constitutes acceptance of the following general terms and conditions. Neither ESA nor any other party involved in creating, producing or delivering the website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the website.

While ESA tries to maintain a high level of technical operability and security of the ESA Photo Library for Professionals website, we inform you that you browse and use the website at your own risk. Therefore ESA does not warrant that the functional aspects of the website will be uninterrupted or error free or that this website, or the server that makes it available, are free of viruses or other harmful components. Please note that ESA may change material on the website without prior notice. ESA will be grateful for any feedback with regards to functional errors or content inaccuracies.

Copyrights
All material published on the ESA Photo Library for Professionals website is protected by copyright and owned or controlled by ESA or the party credited as the provider of the content, software or other material. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the content, software, material or services, in whole or in part, without obtaining prior written authorisation.

This Authorisation shall be governed and shall be interpreted in accordance with the law of France. All disputes arising out of, or in connection with, the present Authorisation shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The language of arbitration shall be English. The place of arbitration shall be Paris, France.

PRIVACY NOTICE

Introduction
Protection of Personal Data is of great importance for ESA, which strives to ensure a high level of protection as required by the ESA Framework on Personal Data Protection (herein the ?ESA PDP Framework?) which applies in this field. ESA implements appropriate measures to preserve the rights of data subjects, to ensure the processing of personal data for specified and legitimate purposes, in a not excessive manner, as necessary for the purposes for which the personal data were collected or for which they are further processed, in conditions protecting confidentiality, integrity and safety of personal data and generally to implement the principles set forth in the PDP Framework, available at:
http://www.esa.int/About_Us/Law_at_ESA/Highlights_of_ESA_rules_and_regulations

ESA PDP Framework is composed of the following elements:

- the Principles of Personal Data Protection, as adopted by ESA Council Resolution (ESA/C/CCLXVIII/Res.2 (Final)) adopted on 13 June 2017;

- the Rules of Procedure for the Data Protection Supervisory Authority, as adopted by ESA Council Resolution (ESA/C/CCLXVIII/Res.2 (Final)) adopted on 13 June 2017; and

- the Policy on Personal Data Protection adopted by Director General of ESA on 5 February 2018 and effective on 1 March 2018.

This notice is intended to inform users, as data subject, about:
- the identity of the data controller and contact details of ESA Data Protection Officer (?DPO?);
- the type of personal data which is collected and processed;
- the modalities of collection of personal data;
- the purpose of the collection and processing;
- the recipients (if any) to whom the personal data of the data subject shall be disclosed;
- the time-limits for storing the personal data;
- the practical modalities of exercising the rights of the data subject under the ESA PDP Framework.

This notice is also enabling ESA to obtain users? consent relating to the collection and further processing of their personal data, under ESA PDP Framework.

(1) Who is the Data Controller?
ESA is the sole administrator of the site https://www.esa-photolibrary.com/ (herein Photo Library for Professionals website). Users? personal data is collected and further processed as shown below upon the decision taken alone by ESA.

(2) What are the contact details of ESA Data Protection Officer?
According to ESA PDP Framework, users? first point of contact concerning personal data matters is the ESA Data Protection Officer (?DPO?), who may be contacted at DPO@ESA.int or by postal mail at 24 rue du Général Bertrand, CS 30798, 75345 Paris Cedex 07, France.

(3) What kind of personal data are collected and further processed?
The personal data which may be collected and further processed for the purposes mentioned below are in particular:

- Name and surname
- Phone number
- E-mail address
- Username and password
- Company details (provided services, phone, address, zip code, town and country)
- Intended image use information
- Users? activity: favourite photographs, interests (keyword) and downloads (date, item).


(4) How is users? personal data collected or further processed?
Users? personal data may be collected by various means, including online forms, and website use. Photo Library for Professionals website needs to collect the above-mentioned personal data from its users in order to correctly work and provide access to the Photo Library. Personal data collected from Photo Library for Professionals website will always be processed for the purposes as stated in this Privacy Notice. External third parties may also process some users? personal data when providing services to ESA. Third parties that access personal data are listed in Point 5 of this Privacy Notice.

Photo Library for Professionals website collects different kind of personal data depending on the system from where it is collected:

- Users? account: access to the Photo Library is restricted to professionals authorised by ESA. To request access, users must submit the Account Creation Form, available at:
https://www.esa-photolibrary.com/ESA/InitAccountCreation.do, and provide the following mandatory information: name and surname, username, password, email, company details (phone, address, zip code, town and country). Users may also voluntarily provide optional information such as: provided services, images use context and other. This information will be verified by ESA in order to grant registration.

- Users? activity: some interactions like favourite photographs, interests or downloads history are displayed in the users? area. ESA stores some of this information and generates some statistics about it.

- Contact us: Photo Library for Professionals website provides a specific email address where users can contact the database administrator with questions or comments.

- Cookies: for more information about cookies, users can visit our Cookie Notice: https://www.esa-photolibrary.com/ESA/info3.do.



Users are requested not to share more personal data than that which is strictly necessary. Also, users are required not to send the Agency any sensitive information (including information that indicate, directly or indirectly, their racial or ethnic origin, political opinions, adhesion to unions, parties, religious or philosophical beliefs, health situation, sexual orientation, genetic or biometric data, criminal convictions).

(5) Why is users? personal data collected and further processed?

PHOTO LIBRARY FOR PROFESSIONALS
Personal data collected will be available to users at their users? area. Access to this area will allow them to change their settings and modify their personal information. The sole purpose for which ESA will process this personal data is to provide access to the Photo Library for Professionals database and so as to manage users? requests.

USERS? ACTIVITY
Information about the use of the website by users is collected to provide the website services. ESA Photo Library for Professionals needs to process this information in order to effectively work: for example, to allow users to download or keep a history of their favourite or acquired photographs. Also, ESA collects this information to follow the use of ESA property (photographs) and to monitor the performance of the website in order to guarantee its efficiency and correct functioning. ESA never shares this information with third parties.

CONTACT FORMS AND EMAIL/PHONE COMMUNICATION
Personal data collected from questions or comments sent by users will be processed for the sole purpose of answering to such communications.

In addition to these purposes, the Agency may process users? personal data for any of the purposes mentioned in Article 5 of the Policy on Personal Data Protection.

(6) To whom might we disclose users? personal data?
Photo Library for Professionals website will require the services of third parties for its normal functioning. Providing these services involves access to personal data controlled by ESA. Processing of personal data by third parties is always carried out following the instructions provided by ESA. Regarding the personal data collected from Photo Library for Professionals website, the Agency discloses users? personal data to any of the following third party recipients for the fulfilment of all or part of the purposes mentioned above:

Company: Service provided: Servers of the recipient are located in:
Orkis, SAS Hosting and photograph database France
The Agency does not consider users? personal data as an asset for sale and, thus, does not sell their personal data to any third parties.

(7) How long do we retain users? personal data for?
ESA may keep users? personal data for as long as necessary for the fulfilment of the above-mentioned purposes. Users? Personal Data shall be deleted thereafter. Also, ESA will erase the personal data from rejected account requests within six months; and from accounts closed by users within one year. As data subject, users can always exercise their right of erasure of personal data as it is provided by ESA PDP Framework. For further information on data subject?s rights, please refer to Point (8) of this Privacy Notice.

(8) How can users erase, rectify, complete or amend their personal data?
The Agency is keen to collect and process accurate personal data and to keep it up to date. Users may request the erasure, rectification, completion or amendment of their personal data if, and to the extent that it is inaccurate or incomplete, having regard to the purposes for which they are collected and processed, or if they are processed in violation with the principles referred in ESA PDP Framework. If users choose to make a request for the erasure of their personal data, they understand and agree that they will no longer be able to access the Photo Library for Professionals database. The above-mentioned request should be submitted to esa.photolibrary@esa.int. ESA will ensure the account will be deleted and will contact the DPO of the service provider so that any additional records are deleted as well. Users may also be allowed access to their personal data and have the possibility to erase, rectify, complete or amend it by accessing their Photo Library for Professionals users? area by login with the username and password they have chosen when creating their account: https://www.esa-photolibrary.com/ESA/account and edit their personal information. Users may address the ESA DPO, as first point of contact, by sending an email to: dpo@esa.int

(9) What could users do in case of a data protection incident?
In case of a data protection incident, users should contact the ESA DPO, as first point of contact, by sending an email to: dpo@esa.int and in copy: esa.photolibrary@esa.int. In case users wish to submit a complaint, they are required to comply with the Rules of Procedure of the Supervisory Authority set forth by ESA PDP Framework. Users will be required to demonstrate that a data protection incident occurred in relation to their personal data, following a decision of the Agency or at least to justify serious reasons to believe that such incident occurred.

(10) Consent
Processing of personal data aimed to grant access to the database and reply to communications (online form, email or phone) is based on users? consent. Users can withdraw such consent by requesting ESA to stop the processing. This will not affect the legitimacy of the personal data processing that took place prior to the withdrawal of user consent. Users will be able to withdraw their consent at any time:
- by sending an email at: esa.photolibrary@esa.int
- by sending an email to ESA DPO at: DPO@ESA.int
If users choose to withdraw their consent, they understand and agree that they will no longer be able to access the Photo Library for Professionals database.

Last updated: 9 June 2020