Privacy Policy

About this Privacy Policy

What Services does this Privacy Policy Apply To

Diffusely has developed a suite of services on the software-as-a-service model for the real estate industry, commercialized under the name “ProperShot”.

ProperShot is a software solution comprising (i) a mobile application for assisted photography ("Mobile App"), (ii) a web application for managing and optimising photographs ("Web App") and (iii) meta-application services enabling a customisable multi-environment experience to be created between the Mobile App and the Web App in order to provide a complete offering based around the Mobile App and the Web App ("Meta-Application Services").

Together, the Mobile App, the Web App and the Meta-Application Services are referred to as the "ProperShot Services".

Who does this Privacy Policy Apply To

This Privacy Policy applies to all the users of ProperShot Services (“User(s)”, “You”, “Your”), on any device and for any purpose (account creation, free trial, subscription, use of the ProperShot Services). 

What is the Purpose of this Privacy Policy

The purpose of this Privacy Policy is to provide Users with information regarding how We process Personal Data, including:

• what Data We collect;
• what We’re going to do with it;
• what processes We’ll follow;
• and what Your rights are in relation to that Data.

Personal Data will be collected and processed in compliance with the applicable national or state legislation and/or regulation, including but not limited to the European Union Data Protection Regulation 2016/679 (the “GDPR”), the California Consumer Privacy Act of 2018 (“CCPA”) and the EU-US Data Privacy Framework of 2023 when applicable.

This Privacy Policy is part of the Application Terms of Services published on the Mobile App, the Web App and any other contractual document that may bind Diffusely to the User. Our policies and procedures on the collection, use and disclosure of Your information when You purchase a subscription, access or use the ProperShot Services and tells You about Your privacy rights and how the law protects You.

Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not purchase, access or use the ProperShot Services.

This Privacy Policy is not..

The terms of service or commercial terms that govern Your purchase, access and use of the ProperShot Services. 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

“Data” or “Personal Data” means any information relating to a natural person, including any information deemed personal information under the applicable regulation regarding data protection and/or information through which a person may be identified directly or indirectly (e.g. by reference to a user ID, an identification number, location data, an online username or one or several specific elements related to a person’s physical or  health status, nationality, cultural or social identity).

“Data Controller”, for the purposes of the GDPR (General Data Protection Regulation), refers to Diffusely’s Client as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data. For the purpose of this Privacy Policy, Diffusely’s Client is the Data Controller.

“Device” means any device that can access the ProperShot Services such as a computer, a cellphone or a digital tablet.

“Processing” or “Process” means any operation or set of operations carried out by Us and Our ProperShot Services Providers for the purpose of providing the ProperShot Services, regarding Data, such as collection, registration, organization, retention, adaptation or modification, extraction, consultation, use, disclosure by transmission, distribution or any other form of making available, matching or interconnection as well as archiving and/or deletion.

“ProperShot Services” has the definition provided above.

“Service Provider” means Diffusely and any natural or legal person who needs to process the data for the provision of the ProperShot Services. It may therefore refer to third-party companies or individuals whose ProperShot Services are used by Diffusely to facilitate the provision of the ProperShot Services or to assist Diffusely in analyzing how the ProperShot Services is used. For the purpose of this Privacy Policy, ProperShot Services Providers are considered Data Processors.

“Usage Data” refers to data collected automatically, either generated by the use of the ProperShot Services or from the ProperShot services infrastructure itself (for example, the duration of a page visit).

“User Account” means a unique account created for You to access our ProperShot Services, the User Account may be a content manager account (administrator account) and content producer Account (unique user account). Content manager accounts give access to information shared by content producers on their content producer accounts.

“User” means any natural or legal person who accesses, acquires or uses the ProperShot Services.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

To enable You to use Our ProperShot Services, We will be required to obtain certain personally identifiable information that can be used to contact You, identify You and provide the ProperShot Services to You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• The access ID to your User Account
• The name of the company holding Your User Account
• Feedback and survey responses
• Usage Data
• Payment and Purchase Data

Unless specified otherwise, all Data requested by the ProperShot Services is mandatory and failure to provide this Data may make it impossible for Diffusely to provide them. In cases where the ProperShot Services specifically states that some Data is not mandatory, Users are free not to communicate this Data.

Any use of Cookies – or of other tracking tools – by Diffusely or the Service Providers serves the purpose of providing the ProperShot Services, in addition to any other purposes described in this Privacy Policy.

Users are responsible for any third-party Personal Data obtained, published or shared by the User and confirm that they have the third party's consent to provide such Data.  

Usage Data

Usage Data is collected automatically when using the ProperShot services.

Usage Data may include:

• ProperShot Services metadata. When a User interacts with the ProperShot Services, metadata is generated to provide additional context about their use of the ProperShot Services.
• Log data. Like most websites and services delivered over the Internet, Our servers automatically collect information when You access or use Our ProperShot Services, recording this information in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the ProperShot Services, the pages of Our ProperShot Services that You visit, the time spent on those pages, Your browser type and settings, the date and time the ProperShot Services were used, information about browser configuration and plugins, and language preferences.
• Device data. Diffusely collects information about Devices accessing the ProperShot Services, including the type of device, operating system used, device settings, application IDs, unique device identifiers and crash data.

Payment and Purchase Data

If you make any purchase for the ProperShot Services, You will need to provide Your payment data. This data will include:

• Name, surname,
• Payment method,
• If using a debit or credit card, the card type, expiration date, Your card number,
• Billing address,
• VAT number,
• Mobile phone number,
• Organisation name,
• Details of your purchase,
• Price and payment history.

Data Received from Third Parties

Diffusely will receive some Personal Data from the ProperShot Services Providers who are Our payment partners in order send You invoices, charge You for Your purchase, process Your payment, provide You with Your purchase.  

Information Collected while Using the ProperShot Services

While using Our ProperShot services, in order to provide features of Our ProperShot Services, We collect:

• content that is transmitted to it, and information about that content, i.e. photographs/images, metadata.

We use this information to provide features of Our ProperShot services, to improve and customize the ProperShot Services. The information may be uploaded to Diffusely servers and/or a Service Providers’ servers.

Use of Your Personal Data

We may use Personal Data for the following purposes:

• To provide, update, maintain and protect the ProperShot Services. This includes the use of Personal Data to support delivery of the ProperShot Services, including to prevent or address service errors, security or technical issues, and to analyze and monitor usage, trends and other activities.
• To develop, test and provide additional features. Diffusely tries to make the ProperShot Services as useful as possible. For example, We make ProperShot Services suggestions based on historical use and predictive models, identify organizational trends and insights, customize Your experience of the ProperShot Services, or to create new features and products.
• To manage Your Account: to manage Your registration as a User of the ProperShot Services. The Personal Data You provide can give You access to different functionalities of the ProperShot services that are available to You as a registered User.
• To support and manage Your requests: To attend and manage Your requests to Us.
• To protect the security of the ProperShot Services, Our company, Our Users. 
• To contact You: as part of Our ProperShot Services, We provide our Users with certain communications and updates, We may send You service, transactional, technical and other administrative communications, such as communications about Your User Account, Our ProperShot Services offerings, changes to the ProperShot Services, and important ProperShot Services-related notices, such as security and fraud notices. We consider these communications as part of Our ProperShot Services to You.
• To provide You with general information about other products/services, ProperShot Services and events which We offer that are similar to those that You are using unless You have opted not to receive such information.
• To broadcast/communicate advertisements of our products and services, including personalized ads to You. We may use Your data to show You personalised ads and content on Our website and/or Our products and on other online platforms, including but not limited to Facebook, LinkedIn or GoogleAds, and to create a audience lookalike audience on the basis of Your profile Should You want to withdraw Your consent to such use of Your personal information please do so by exercising Your right pursuant to the section below entitled “Your RIghts under this Privacy Policy”.
• To conduct market and user research. To improve Our ProperShot Services and troubleshoot new products and features, we may carry out research. For example we may survey clients and Users or third parties about client satisfaction, user experience, the effectiveness of our marketing campaigns, and their broader interests.
• As required by applicable law, legal process or regulation.
• To send You invoices, charge You for Your purchase, process Your payment.
• To establish, exercise or defend legal claims.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns, evaluate and improve Our products, the ProperShot Services, marketing and Your User experience.

We may share Your personal information in the following situations:

• With Services Providers and their Affiliates (see Appendix I - list of Service Providers): We may share Your Personal Data, including Usage Data and Payment and Purchase Data, with Service Providers to provide, facilitate and maintain the ProperShot Services, to monitor and analyze the use of the ProperShot Services, to contact You.
• With Our Affiliates: We may share Your information with Our Affiliates, in which case we will require those Affiliates to honor this Privacy Policy. 
• With other users: if You are a content producer and You share personal information on the ProperShot Services, such information may be viewed by the content managers on their accounts.
• With third party partners: We may share certain Data, with professional service providers or marketing and advertising partners like Facebook, LinkedIn or GoogleAds to create personalised ads and content. This way we can inform you about Our services and products, subject to your consent and choice to opt out.  We do not, and will not sell, including to any third party partners, any of your personal data, such as your name, address, email address or credit card information.
• As required by applicable law, legal process or regulation.
• We may disclose Your personal information for any other purpose provided we obtain Your consent.

Legal Basis for Processing Personal Data

We may process Personal Data for the purposes and with the persons mentioned under “Use of Your Personal Data”, pursuant to the following legal basis:

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes, including for direct marketing/advertising purposes.
• Performance of an agreement: provision of Personal Data is necessary for the performance of an agreement between Diffusely and its clients and/Diffusely and its Users.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which Diffusely is subject.
• Our Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by Diffusely, such as:
• • improving the ProperShot Services and the functioning of the ProperShot Services for its Clients and User experience,
  • monitoring the ProperShot Services for fraud and/or other illegal or impermissible use.

In any case, Diffusely will gladly help to clarify the specific legal basis that applies to the Processing of Your Data.

Retention of Your Personal Data

Diffusely keeps Your Personal Data only as long as necessary to provide the ProperShot Services and for Diffusely’s legitimate and essential business purposes such as:

• Maintaining the performance of the ProperShot Services,
• Making data-driven business decisions about new features and offerings,
• Complying with Our legal obligations,
• Resolving disputes.

The length of time week Data depends on:

• The nature of the Data,
• Why we’re processing the data (the purpose),
• Any guidelines or recommendations from the relevant data protection authorities,
• Any relevant legal obligations.

Your Personal Data will be deleted upon Your request or as soon as it is no longer required to achieve the purpose for which the Personal Data has been collected, namely, to provide the requested ProperShot Services. If legal regulations (e.g., by fiscal, commercial, or contractual law) apply that require longer storage of Your Personal Data, or if We need Your Personal Data to assert legal claims or defend against legal claims, We will store Your Personal Data until the expiration of the corresponding storage period or until the settlement of the claims.

Diffusely will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our ProperShot Services, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at Diffusely operating offices and in any other places where the parties involved in the Processing are located. Data may therefore be transferred or transmitted to, or stored and processed in, countries outside where You live, for the purposes stated in this Privacy Policy.

Specifically, Personal Data of the Data Subjects will be hosted on servers located in the following regions/countries: European Union, United States.

These Data transfers are necessary to provide the ProperShot Services.  

Your express consent to this Privacy Policy followed by Your submission of such Data represents Your agreement to that transfer.

In the event of a change in the recipient countries, Diffusely shall inform the Client and all its Users and provide them with an updated list of recipient countries.

Diffusely will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy. All transfers of Personal Data made for the purpose of the Commercial Agreement, the provision of the Software ProperShot Services and under this Privacy Policy, from the European Union, the European Economic Area (EEA), their Member States and Switzerland to other countries shall only be made in accordance with the Standard Contractual Clauses, EU-US Data Privacy Framework, and/or relevant adequacy decision in order to ensure each Data transfer complies with applicable EU legislation.

Disclosure of Your Personal Data

Law enforcement

Under certain circumstances, Diffusely may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

Diffusely may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation,
• Protect and defend the rights or property of Diffusely,
• Prevent or investigate possible wrongdoing in connection with the ProperShot Services,
• Protect the personal safety of Users of the ProperShot Services or the public,
• Protect against legal liability.

Security of Your Personal Data

Diffusely protects Your Personal Data by establishing reasonable technical and organizational measures to ensure the security of the processing of Personal Data and its confidentiality.

In this regard, Diffusely takes every suitable precaution regarding the nature of the data and the risks presented by the processing to preserve the security of the Personal Data and especially to avoid that the Personal Data is distorted, damaged or that non-authorized third parties have access to the Personal Data: physical protection of locations, authentication procedures with personalized and secure access via identifiers and confidential passwords, encryption of certain data, etc.

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Your Rights and How to Exercise Them

Your Rights under this Privacy Policy

Diffusely undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

• Request access to Your Personal Data,
• Request correction of the Personal Data that We hold about You,
• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing/advertising purposes.
• Request erasure of Your Personal Data,
• Request the transfer of Your Personal Data,
• Withdraw Your consent. You have a right to, at any time, withdraw Your consent to the processing of Your Personal Data for any above stated purposes, including direct marketing/advertising. This right to withdraw Your consent to direct marketing/advertising does not affect Your ability to use Our services. However, if You withdraw Your consent to the use of Your Personal Data for purposes necessary to contract performance, We may not be able to provide You with access to certain specific functionalities of the ProperShot Services.

Exercising of Your Rights under this Privacy Policy

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us.

You may exercise Your rights, including opt out Your consent to stated above purposes by sending a request to privacy@diffuse.ly. If You make a request, We will try Our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

You may file a claim with the CNIL (French Information Commissioner’s Office):

• Directly online;
• By letter: 3 Place Fontenoy - TSA 80751 - 75334 Paris Cedex 07.

Detailed Information on the Processing of Your Personal Data

For the sole purpose of providing the ProperShot Services, improving the ProperShot Services, the features of Our ProperShot Services and ensuring the best quality User experience, other ProperShot Services Providers We use may have access to Your Personal Data.

We, or Our ProperShot Services Providers, may use tools such as, or with the purpose of:

• Analytics,
• Infrastructure monitoring,
• User database management.

The third-party vendors may collect, store, use, process and transfer information about Your activity on Our ProperShot Services in accordance with their Privacy Policies.

Keeping Your Data Safe

Diffusely is committed to protecting Our Users’ Personal Data. We put in place appropriate technical and organisational measures to help protect the security of Your Personal Data. However, please be aware that no system is ever completely secure.

To protect Your User Account, We encourage You to:

• Use a strong password which You only use for you User Account,
• Never share Your password with anyone,
• Limit access to Your devices,
• Log out once You have finished using the ProperShot Services.

If other individuals have access to Your User Account, then they can access Your Personal Data.

It is Your responsibility not to allow other individuals to use Your User Account or access the ProperShot Services.

Children's Privacy

Our ProperShot Services does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Changes to this Privacy Policy

Diffusely may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or We may make changes to Our ProperShot Services or business. We will post the changes to this page and we encourage you to review our Privacy Policy to stay informed. If We make changes that materially alter Your privacy rights, We will provide additional notice, such as via email or through the ProperShot Services. 

Changes to this Privacy Policy are effective when they are posted on this page. By continuing to use the ProperShot Services after such date You agree to the updated Privacy Policy.

Information about Diffusely I Contact Us

Diffusely has appointed a DPO:

• Alexandra Lachowsky
• which You may contact with the following email address: privacy@diffuse.ly

For any additional information on the protection of Your Personal Data, You may contact Us: privacy@diffuse.ly or legal@diffuse.ly