Privacy Notice for the My KODAK MOMENTS App, KODAK Kiosk Connect App., KODAK MOMENTS HD App, KODAK Create App, KODAK Create Lite App, KODAK MOMENTS Chat & Print App, KODAK MOMENTS App and KODAK Photo Services fulfillment.

Revised: April 22, 2021 (ID: 2021_04_22)

Privacy Notice for Kodakmoments.com, My KODAK MOMENTS App,

KODAK Kiosk Connect App., KODAK MOMENTS HD App, KODAK Create App, KODAK Create Lite App,

KODAK MOMENTS Chat & Print App, KODAK MOMENTS App and KODAK Photo Services fulfillment.

Kodak Alaris and its Affiliates (collectively “Kodak Alaris”) are committed to protecting your privacy online. Our pledge is to safeguard any personal information that you provide us, and to make certain we use this information only as you choose. If you are accessing our services from within the European Economic Area, they are provided by Kodak Alaris Limited; if you are accessing the services from outside the European Economic Area they are provided by Kodak Alaris, Inc. (each individually “Kodak Alaris”).

We have updated this Privacy Notice in order to maintain compliance with both the California Consumer Privacy Act (CCPA) and the EU General Data Protection Regulation (GDPR).

In Brief:

In order to maintain our relationship and provide you with the services below, we must collect personal information from you. We will only use this information for the purposes described herein and may not be able to facilitate such services without it. We will only collect and process your information where we have a legal basis to do so. This legal basis for collecting and using the information described above will depend on the specific information concerned and the context in which we collect it. We, however, will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (for instance, to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations).
Generally, your personal information will be purged in due time from our systems when no longer needed, such as after an order has been fulfilled.
We do not and will not sell your personal information. Further, we will not share your personal information with any third parties except for those entities that process data for us, and with which we have established a Data Protection Agreement. See specific details below.
In the processing of your information, we may need to transfer your personal data to an entity in a third country. We will only conduct such transfers where we have enacted Standard Contractual Data Protection Clauses with the processor/service provider to help ensure adequate safeguards with respect to the protection of your privacy and fundamental rights and freedoms.
You may also request that we provide you with a copy of any personal data of yours in our possession.
You have the right to request access to and rectification of your personal data that we hold, or, in certain circumstances, to request we delete, or restrict our processing of your data and to object to further processing. This may include personal information collected from you over the preceding 12 months.However, if you do object to or restrict our processing of your information, it may prevent us from providing you with the services you’re requested and/or fulfilling our contract with you.
We will never discriminate against you for exercising your rights under law.
You have the right to lodge a complaint with a supervisory authority
Please direct any such requests to our Data Protection Officer (DPO) at:
dpo@kodakalaris.com -or- Data Protection Officer

Kodak Alaris Inc.
336 Initiative Drive
Rochester, NY 14624
USA

Scope of This Notice

The goal of this Privacy Notice is to advise you of how we use your personal information that we collect when you use the My KODAK MOMENTS App, the KODAK Kiosk Connect App, KODAK MOMENTS HD App, KODAK Create App, KODAK Create Lite App, the KODAK MOMENTS App (“the Alaris App or Alaris Apps”), the MKC app, the KODAK MOMENTS.COM web app, the Kodak Moment Apple TV app, or Partner applications that use KODAK Photo Services Fulfillment (“Partner App or Partner Apps”) and how we use that information. This Privacy Notice also describes the choices you have regarding how this information is used.

How We Collect and Use Your Personal Information

Kodak Alaris' primary goals in collecting your personal information are to:

provide an enjoyable, personalized experience while using the Alaris Apps and Partner Apps,
tailor our communications to match your interests, and
facilitate the development of new products and services relevant to consumers like you.

Here are the types of personal information we gather, and how we use it.

Information Collected When You Install Alaris Apps

Any personal information we collect from you is used is support of providing our services to you. The Alaris Apps are mobile applications that help you create photo products from images accessible on your mobile device by submitting the images and other digital content to a Kodak Alaris server for fulfillment in-store, to a Kodak Alaris server for fulfillment at a central photo lab for products to be shipped to home, to a Kodak Picture kiosk, or to servers operated by Kodak Alaris and/or its service providers for storage and processing of your digital content to facilitate your use of our social features (such as sharing text and images with others). If you decide to download the Alaris Apps, then , Kodak Alaris will collect, process and use your information in the ways described in this Notice. The Kodak Alaris Apps may need to make use of the following permissions of your mobile device:

APPLE iOS users

Permission Type	Information shared with Kodak Alaris	How we use the information
Location Services	The location of your device.	Your location is used to search for retail stores near you that can fulfill your order.
Push Notifications	A unique, Alaris App specific, identifier for your device	This is used to send Alaris App messages to your device even when the Alaris App is not running.
Photos	The images you select on your mobile device, their image names and their folder names.	The images and associated data are used to create your photo products.
Facebook	The images you select on your mobile device and their image names.	The images and associated data are used to create your photo products.
Camera	The ability to use the device camera.	The images and associated data are used to create your photo products.
Microphone	The ability to use the device microphone.	The audio may be used during video creation.

ANDROID users

Permission Type	Information shared with Kodak Alaris	How we use the information
Your Location – Coarse (Network based) and Cine (GPS and Wi-Fi based)	The location of your device.	Your location is used to search for retail stores near you that can fulfill your order.
INTERNET	See sections below for creating On-line products and Information Automatically Collected.	See sections below.
Read External Storage	Images, their names and folders.	Use to present images to you for selection and to create photo products.
Write External Storage	No information is collected.	We write session id data to allow you to restart the Alaris App and resume at the point in the workflow where you left the Alaris App. We write a summary about your images to allow faster selection for future uses. We write a history of your orders.
Access and Change Network and Wi-Fi or Wi-Fi Multicast State	No information is collected.	Use to check for a proper network connection and change it if required.
Power Management – Wake Lock	No information is collected.	Use to keep the mobile device from powering down while connected to a kiosk or Kodak Alaris server.
Push Notifications	A unique, Alaris App specific, identifier for your device.	This is used to send Alaris App messages to your device even when the Alaris App is not running.
Camera	No information is collected.	Use to read a QR code to make a connection to a kiosk and to create your photo products.
Read Phone State	A non-reversible, encrypted SHA256 hash of your device ID IMEI number to create a unique ID but it can not be used to determine what device the data came from.	Use to evaluate your use of the Alaris App.
Microphone	The ability to use the device microphone.	The audio may be used during video creation.

WINDOWS & WINDOWS Phone users:

Permission Type	Information shared with Kodak Alaris	How we use the information
Your Location – Coarse (Network based) and Fine (GPS and Wi-Fi based)	The location of your device.	Your location is used to search for retail stores near you that can fulfill your order.
INTERNET	See sections below for creating On-line products and Information Automatically Collected.	See sections below.
Read External Storage	Images, their names and folders.	Use to present images to you for selection and to create photo products.
Write External Storage	No information is collected.	We write session id data to allow you to restart the Alaris App and resume at the point in the workflow where you left the Alaris App. We write a summary about your images to allow faster selection for future uses. We write a history of your orders.
Access Network and Wi-Fi	No information is collected.	Use to check for a proper network connection.
Power Management – Wake Lock	No information is collected.	Use to keep the mobile device from powering down while connected to a kiosk or Kodak Alaris server.
Push Notifications	A unique, Alaris App specific, identifier for your device.	This is used to send Alaris App messages to your device even when the Alaris App is not running.
Read Phone State	A non-reversible, encrypted SHA512 hash of your device ID IMEI number to create a unique ID but it can not be used to determine what device the data came from.	Use to evaluate your use of the Alaris App.

Information Collected And Used When You Install Partner Apps

No information is collected by Kodak Alaris when you install a Partner app. Please refer to the individual Partner app’s privacy policy to determine what information the partner collects.

Information Collected And Used When You Create or Order a Photo Product On-line

When you are in the process of working on a photo product in the prints workflow, the Alaris App is using a Kodak Alaris server. A Kodak Alaris session id is stored locally on your mobile device so that you can continue working on photo products using the application. This information is deleted if you start the application again. Session information is deleted after the order has been placed.
When you are in the process of working on a photo product, the following information regarding each selected photo is also sent to Kodak Alaris: the photo image and its associated image tags that are contained in the image file. This information is temporarily stored at Kodak Alaris and then deleted after 2 days with no continued activity, or when you begin using the Alaris App again. When you print a photo product, this information is temporarily stored at Kodak Alaris to support your current order and to permit you to make a repeat future order. It is deleted after 30 days. When you store and share a photo product, this information is temporarily stored at Kodak Alaris and then deleted when you delete the photo product that you stored and shared.
When you submit for printing a photo product, the Alaris App may ask you for identification information. This data may include your first name, last name, telephone number, and e-mail address. This data will be associated with your photo product order and then deleted 6 months after the order is completed or cancelled.
When using Partner applications, Kodak Alaris collects the images, order information and data that may include your first name, last name, telephone number and e-mail address. This data will be associated with your photo product order and then deleted 6 months after the order is completed or cancelled.

Information Collected And Used When You Create an Account

Use of some of our services may require you to sign up for an Alaris Account, for example if you wish to use our social features. When you do, we may ask for personal information, such as your name, email address, telephone number or credit card. We might also ask you if you want to create a publicly visible profile, which may include your name and will permit you to designate which photos you want to share as well as any text you may add.
Some of our services may also permit you to set up an account using information you have stored in third party social media networks, for example, by linking your Facebook account to our services, which allows us to obtain information from your Facebook account such as your friends or contacts, profile picture, birthdate, gender, or other profile-related information and any other information you have opted to share with “everyone” on Facebook (or similar third party platform). The information we obtain from third party services depends on your account/privacy settings with those third parties and the third parties’ privacy policies, so be sure to check those policies and to adjust your settings to meet your preferences.
We use the information collected when you create an account to:

provide you with and personalize our products and services
allow you to use the sharing functionality of our services (where available) and to interact with other users
enable you to choose which individuals you will allow to follow you (if you use any of our social features) and enable you to follow others
deal with your enquiries and requests
administer your order
provide you with information about our own products and services which we believe will be of interest to you, via e-mail and SMS (with your prior consent where required by applicable law).

Information Collected and Used When Using Our Social Features

Alaris Accounts may include social features that will permit you to share text and images with others. Such content can be deleted at any time by you. Content shared via these features will only be viewable to your followers. People can follow you in the following ways: (a) for accounts set to private mode, you will need to approve any requested followers or (b) if you do not have your account set to private mode, anybody who searches you by display name or email address will be able to follow you.

Followers will be able to view:

Display name (usually First/Last name)
Profile picture (if user selects one)
Your followers and people you are following
Your digital assets shared
Followers will not see email address, payment information and shipping addresses.

We will respect the choices you make to limit sharing or visibility settings in your Alaris Account, and you should carefully choose your privacy setttings, including whether you allow for your Alaris Account to be visible to others.

If you decide to use our social features we will store and process your personal information in a cloud storage solution (including on servers operated by our third party service providers on our behalf), and we and our affiliated group companies will process and use your information to provide you with the requested services, and as necessary for technical operations, quality assurance or in connection with a customer support issue. While your information may be accessed for these purposes from countries not providing for the same level of protection as considered adequate in the European Union, we will implement appropriate safeguards to protect your personal information.

Information Alaris Apps Automatically Collect And How This Information Is Used

At installation time, you may be asked for your consent to track your usage of the Alaris App. This data will be recorded in the form of Cookies and web beacons. We use Localytics, a web analysis service, to track your usage of the Alaris Apps. If you do not consent to using performance cookies for usage tracking, the analytics function will not collect information.
Cookies: Cookies are small pieces of information stored by the Alaris App in your mobile device for the purposes set out below.

Kodak Alaris “strictly necessary cookies” are used primarily as follows:

to manage and present site information and the pictures displayed on your computer;
to deliver information specific to your interests; and
to manage images associated with photo products like on a shopping cart screen.

Our Alaris Apps use Localytics, a web analysis service. If you have given your consent, Localytics uses “performance cookies,” which are text files placed on your mobile device, to help the Alaris App analyze how users use the Alaris App. The information generated by the cookie about your use of the Alaris App will be transmitted to and stored by Localytics on servers in the United States, a country which does not provide for the same level of data protection as considered adequate in the European Union. However, we have appropriate safeguards in place to ensure that Localytics will use this information only on behalf of Kodak Alaris, as the Alaris App operator, and only for the purpose of evaluating your use of the Alaris App, compiling reports on Alaris App activity, and providing other services to Kodak Alaris App relating to Alaris App activity and Internet usage.

Some Alaris Apps also use Fabric, a web analysis service from Twitter inc. that transmits information about your use of the app. Fabric collects information and statistics and crash data about from your use of the Alaris app. This information does not contain your personal information, and is used by us to improve the app.

You may prevent the use of Localytics and Fabric by unselecting the appropriate setting in the Alaris App’s setup screen.

Web Beacons: Alaris Apps also may place small "tracker gifs" or "beacons" on many of the screens in our Alaris App. With your consent, we use these beacons, in connection with cookies, to collect data on the usage of our Alaris Apps including but not limited to the date and time of your usage, the screens or functions used, the type of operating system (e.g., iOS or Android), and the domain name of the user's Internet service provider (e.g., Verizon). This information is collected about thousands of Alaris App uses and analyzed as a whole. This information is useful in, for example, tracking the performance of our Alaris App.

When using WhatsApp ordering photo products

Description and scope of data processing

With the Kodak Alaris Chat & Print service on WhatsApp, Kodak Alaris offers the end customers of its partners the ability to order photo products from its partners via WhatsApp. Provided that the end customers have given the corresponding declaration of consent, they can contact Kodak Alaris via their WhatsApp channel and send images to Kodak Alaris partners for processing. When images are transmitted via WhatsApp to Kodak Alaris' partners, personal data in the form of the images may be processed by WhatsApp. Kodak Alaris and its partners themselves do not transmit any personal data to WhatsApp (neither do they transmit telephone numbers of end customers which enable them to contact Kodak Alaris in the first place, but which are already available at WhatsApp, nor do they send images from Kodak Alaris to WhatsApp or other data such as address data).

By agreeing to be contacted by Kodak Alaris and its partners via WhatsApp, the end customer agrees to the transmission path to the described risks. Kodak Alaris, as owner of the service on WhatsApp, cannot delete the telephone number transmitted by the end customer. The transmitted images can be deleted by Kodak Alaris upon request of the end customer. Otherwise the transmitted images are automatically deleted after 7 days. The terms of use of WhatsApp can be found at https://www.whatsapp.com/legal/?eea=1#terms-of-service. The privacy policy of WhatsApp Inc. can be found here: https://www.whatsapp.com/legal/?eea=1#privacy-policy.

Other personal data is not transferred via WhatsApp during the order process. Please do not enter any personal information into WhatsApp without being asked.

Legal basis, objection and deletion

The communication between the end customer and the partners of Kodak Alaris via WhatsApp is based on the explicit consent of the end customer to this transmission process, legal basis is Art. 6 para. 1 a) DSGVO/GDPR. Kodak Alaris has no influence on the transmission to WhatsApp, the storage, deletion and general processing of this data on and by WhatsApp.

With regard to the order the partners of Kodak Alaris process the data of the end customer on the basis of a contract; legal basis for the processing of the data is Art. 6 para. 1 b) DSGVO/GDPR. Within the scope of order processing the partners of Kodak Alaris pass on the personal data of the end customers to the service providers used for the processing of the photo orders. The data about this order (like name, address, telephone number, payment data and picture data) are stored for the purpose of the order processing as well as the treatment of possible complaints and repeat orders with the partners and are deleted afterwards. The storage period at the partners of Kodak Alaris for personal data will be up to 10 years, due to tax and commercial law obligations (if an order was placed). The period of storage starts on 1st of January of the year following the order and ends 10 years later. The data will be deleted accordingly after this period

Payment Information

If you purchase a product or service through the Alaris Apps, a third party payment processors (such as Paypal) may collect the billing and financial information they need to process the charges. This may include your postal address, email address and financial information. Our third party payment processors may share non-financial information with us related to your purchases, like your name, shipping address and items purchased in order to fulfill your order.

Sharing Your Information

Your personal information will not be rented or sold to any third party. Kodak Alaris may share your personal information as follows:

Companies who work on our behalf: We contract with other companies to perform business support functions on our behalf, which may involve limited access to your personal information. We require these companies to use the information only to provide the contracted services; they are prohibited from transferring the information to another party except as needed to provide those services. Some examples of these business support functions include order fulfillment, coupon fulfillment, award and rebate fulfillments, customer survey execution; and information systems management. We also may make aggregate non-personal information available to select service providers.
Kodak Alaris' Affiliates: We may share your information with other companies within the Kodak Alaris group of companies for the purposes of processing, analyzing or storing your personal information or otherwise as needed to provide our services to you, with the requirement that they not transfer your information to another party for marketing purposes, or use your information contrary to your expressed choices. Similarly, if one of our affiliates shares your information with us, we will not transfer your information to another party for marketing purposes or use your information contrary to your expressed choices.
Kodak Alaris App Partners: We may enter into agreements with Partner App providers to provide printing capabilities using our Photo Services Fulfilment network. These Partner Apps create photo products and use Kodak Photo Services to have photo products produced. These partners pass to us information needed to process the order; including name, address, phone number, email address, order assets and production information. In some cases our photo service may collect this information for the partner and pass it back to them. We may share your information with a partner, with the requirement that they not transfer your information to another party for marketing purposes, or use your information contrary to your expressed choices. Similarly, if one of our partners shares your information with us, we will not transfer your information to another party for marketing purposes or use your information contrary to your expressed choices. Please refer to the individual Partner app’s privacy policy for details.
Business Transfers: Kodak Alaris reserves the right to transfer your personal information in connection with the sale or transfer of all or a portion of our business or assets. If the business is sold or transferred, Kodak Alaris will transfer such information to the new business owner. In some cases, this may mean that the new organization will not be able to continue providing to you the services or products that Kodak Alaris provided.
Law Enforcement: Kodak Alaris may disclose personal information to third parties without your consent for any of the following reasons: to comply with any law, regulation or court order, to cooperate with Government investigations, to help prevent fraud or to enforce or protect the rights of Kodak Alaris or its subsidiaries.
With Your Consent: In all other cases, Kodak Alaris will obtain your express consent before sharing your information with third parties. For example, Kodak Alaris may conduct a joint offer or contest with a third party and you will be asked whether your personal information should be shared with that third party.

Note that some of the affiliated group companies, service providers and other third parties identified above may be based in territories that are outside of the European Economic Area. However, where this is the case, we will take measures to ensure that your personal information is protected in accordance with this Privacy Notice and local applicable law.

Your Choices about Receiving Notification from us

When using a Kodak Alaris Photo Application or Partner Application, Kodak Alaris may send you e-mail or other notification about your orders and in response to your questions, or as otherwise required to handle the contractual relationship with you.

We may further decide to send you marketing e-mails and other notifications via your mobile device with information about products and services of the Kodak Alaris group that we believe will be of interest to you, but we will always obtain your prior consent to such types of communications where this required under applicable law. You may access the wording of the consent declarations you have made, if any, at any time by sending a respective request to the contact information provided under the "How to Reach Us" section below.

You can opt-out of receiving marketing communications at any time, and withdraw any marketing consent declaration given (if any) with effect for the future, by contacting us at the address indicated in the "How to Reach Us" section below or using the functionality offered in the last communication you received from us.

How You Can Remove Information

You can request Kodak Alaris to remove all your Alaris App data stored by Kodak Alaris by notifying our privacy office. See the “How to Reach Us” section below for details. Please refer to the individual Partner app’s privacy policy for details on how to have your data removed from Partner Apps.

Removed information may persist in our backup copies for up to 100 days.

Protecting Your Information

Kodak Alaris implements a variety of administrative, managerial, and technical security measures to help protect your personal information. Kodak Alaris has Internal Control Standards which relate specifically to the handling of personal information. These include certain controls to help safeguard the information we collect online.

Kodak Alaris employees are trained to understand and comply with these controls and we communicate our Privacy Notice, practices and guidelines to our employees. However, while we strive to protect your personal information, you must also take steps to protect your information. We urge you to take every precaution to protect your personal information while you are on the Internet. Please refer to the individual Partner app’s privacy policy for details on how they protect your information.

While we may, based on both our own international presence as well as that of our vendors, store and/or process your personal information in various countries, primarily the United States and the European Union. We assure you that all facilities, systems, and networks we employ leverage appropriate information security and privacy safeguards and that your rights and associated legal remedies are always available regardless of your data’s location.

Keeping Your Information Accurate

You may send an e-mail to the address noted in the "How to Reach Us" section below to request a change to your information or a copy of the personal information we have collected about you online. To protect your privacy, proof of identity is required. Please refer to the individual Partner app’s privacy policy for details on how to correct information they may have.

Your Rights

In accordance with applicable law, you have the right to access and request information about the personal information stored by Kodak Alaris and, as appropriate, the right to have those data updated, rectified, exported and made available, or deleted or to object to its processing for legitimate reasons. You additionally have the right, to lodge a complaint with the appropriate supervisory authority. To exercise your rights, or in case you have any questions about the collection and use of your personal information under this Privacy Notice, please contact Kodak Alaris as indicated under the "How to Reach Us" section below.

How to Reach Us

If you need additional information regarding your privacy when using a Kodak Alaris application, partner application or website, please contact us by mail at:

Kodak Alaris Inc. 336 Initiative Drive Rochester, NY 14624 Attn: Data Privacy Office

Or contact us by email :

DPO@kodakalaris.com

Kodak Alaris’ Data Privacy office will work with you to resolve any concerns you have about this Notice.

The Company complies with the EU-U.S. Privacy Shield Frameworkas set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. The Company has certified that it adheres to the Privacy Shield privacy principles based on Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. To learn more about the Privacy Shield program, and to view The Company's certification, please visit the Privacy Shield website.

The Company also participates in the Direct Marketing Association Privacy Shield and Safe Harbor programs. Further information about their programs is available at https://thedma.org/resources/compliance-resources/privacy-shield-safe-harbor-guide/ In addition, consumers may register and/or otherwise contact the DMA Privacy Shield Line at:

DMA

  Privacy Shield Line 
  1615 L Street NW, Suite 1100 
  Washington, DC 20036
  USA

As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means.

Kodak Alaris reserves the right to modify this Privacy Notice from time to time, by posting an update notice on the help pages.