Legal FAQ

This legal FAQ aims at providing you answers to frequently asked questions.

Disclaimer: The information on this page is intended to provide helpful information and is not a definitive statement of law. You should not use this information as a substitute for legal or other professional advice, and the information does not construe any legal agreement between you and us.

Will Picturepark sign our DPA?

No. You are the data controller and we are the data processor. We do not know which personal or confidential data you store within Picturepark, and we do not control access of your users to such data. It is our obligation to inform you via our Data Processing Agreement how we process your personal or confidential data so that you can decide if our processing of your data meets your requirements and all legal regulations applicable to you.

Can we change any of your legal agreements?

No. We do not negotiate any of our agreements because we provide you our Cloud Service (or professional services such as Technical Support, and software licenses) in a highly standardized way. This doesn’t permit us to agree to terms which are effectively not reflected in our processes and infrastructure. That said, we are always interested to provide all our stakeholders with fair conditions so please feel free to suggest any changes to legal@picturepark.com.

We don’t agree with your agreements but still would like to use Picturepark? What can be done?

It depends on what exactly you don’t agree with. If you disagree with the Picturepark Cloud Agreement or DPA then you might want to consider hosting Picturepark Onsite within your IT infrastructure or one of your trusted IT hosting service providers. If you disagree with our Professional Services agreements then you might want to consider a partner providing you with the services you need.

What’s our obligation to end users if we use Picturepark?

Because you are the data controller, you should at a minimum add your own privacy policy to your Picturepark instance. Your privacy policy (and potentially other terms) will then be displayed in various locations of the Picturepark UI to users, including on login and registration pages where your users also have to explicitly agree to these terms.

We also recommend you to create your own usage terms which e.g. define the users obligations when uploading or downloading content that contains personal or confidential data. These usage terms should reflect at the minimum our AUP which you can reuse if you want. It’s also your obligation to reflect within your usage terms how we process your data being your sub-processor.

Please also note that in case that the Picturepark Privacy Policy is published on your Picturepark, this will be removed during the course of May/June 2018 with only having our AUP left (and any other terms we kindly ask you to provide us).

Please contact your Picturepark representative or support@picturepark.com for help on how your privacy policy and usage terms can be published.

We haven’t receive a signed copy which we countersigned. Are your agreements now really legally binding?

Yes. All our agreements state that they can be amended by us providing you a notice period as defined in the agreement, and it includes sending you this information by email. In order to ensure you really receive all such notices, please signup for our legal notice mailing list and ensure that our email sender addresses (the “picturepark.com” domain or at least “legal@picturepark.com”) are whitelisted and don’t end up in your spam bin.

If you wish to receive signed copies on our behalf in PDF format then please request with legal@picturepark.com. However, this will not change our right to change our agreement and supersede the signed one by providing you notice of those new agreements via email.