MyFaceGuard Platform Terms of Use

Platform – MyFaceGuard, a digital solution available on the website https://www.myfaceguard.com/ and intended for managing photos using the functionality it contains.

Terms – these MyFaceGuard Platform Terms of Use, together with all amendments and supplements to them, published on the website www.myfaceguard.com.

Service Provider – the legal entity specified in clause 2.3 of these Terms, which operates the Platform and provides the services available on it.

Album — a set of photos created in a Client Account with a unique name that describes the set and distinguishes it from other sets of photos created in the Client Account.

Client — a natural or legal person in whose name a Client Account has been created and who uses the Platform in accordance with these Terms, regardless of the type of service chosen.

Client Account — an account created on the Platform for a Client, intended to enable use of the Platform's functionality for sending Photo Use Requests, receiving and managing User Choices, managing Albums and photos, managing the rights of Users linked to the Client Account, and performing other actions related to the use of photos. In the Platform interface, the Client Account is referred to as an “organisation account”.

Client Administrator — a User whom the Client has authorised to manage the Client Account in full and to use the functionality available in it, including managing the Users linked to the Client Account and the roles assigned to them, adding and removing Client Administrators and Client Editors, and deleting the Client Account.

Client Editor — a User whom the Client Administrator, on the Client's instruction, has authorised to use the functionality of the Client Account to the same extent as a Client Administrator, except for the right to manage other Users linked to the Client Account and the roles assigned to them, and the right to delete the Client Account.

User — a natural person who has registered on the Platform and uses it in their own name or in the name of a Client in accordance with the rights granted. Depending on how the Platform is used, a User may be a Client, a Client Administrator, a Client Editor or a Photo Use Request Recipient, and one User may hold several roles at the same time.

User Account — an individual natural person's account on the Platform through which the User authenticates and uses the Platform's functionality in accordance with the roles available to them — as a Client, Client Administrator, Client Editor or Photo Use Request Recipient — and switches between these roles.

Access Rights — rights granted to a User to access the Client Account, Albums, photos, Photo Use Requests and other information, and to use the Platform's functions to the specified extent.

Photo Use Request — a request prepared on the Platform to find out the position of the person shown in a photo regarding its use. The request is sent in the name of the Client, and the Client, using the functionality provided on the Platform, includes in it the necessary information about the purpose and conditions of the photo's use and the processing of personal data, so that the person can make a User Choice.

Photo Use Request Recipient — a User to whom a Photo Use Request is sent and who, using the functionality provided on the Platform, can make a User Choice. Receiving a Photo Use Request does not in itself confirm the recipient's identity or that the recipient is shown in the photos concerned, nor does it grant the recipient Access Rights to the Platform or an Album. To use the Platform as a User, the Photo Use Request Recipient creates a User Account if one has not been created before.

User Choice (response) — a User's choice regarding the use of photos contained in an Album, given in response to a Photo Use Request. The User Choice is made using the options offered on the Platform, which make it possible to determine whether and how the photos concerned may be used, and to specify other conditions related to their use.

Consent — a freely given, specific, informed and unambiguous indication of the data subject's wishes regarding a specific processing of personal data, insofar as such processing is carried out on the basis of the data subject's consent.

Biometric Data — personal data obtained on the Platform by technically processing an image of a person's face and determining its characteristic geometric points and other facial features, on the basis of which a mathematical representation of the facial features (a biometric template) is created that makes it possible to uniquely distinguish that person from other persons and recognise them in photos.

Biometric Search Functionality — optional Platform functionality that uses a User's Biometric Data to automatically search for and select Album photos in which the User concerned is potentially shown.

These Platform Terms of Use set out the procedure for using the Platform and the rights, obligations and liability of the Service Provider, the Client and Users, including Client Administrators and Client Editors, in connection with the use of the Platform.

The MyFaceGuard Platform is a digital solution for managing photos and information related to the processing of personal data of the persons shown in them:

• it makes it possible to manage the use of photos contained in Albums by sending Photo Use Requests and receiving and managing User Choices;
• it makes it possible to grant, change and withdraw Access Rights to an Album and to manage the scope of the Access Rights granted;
• if the Biometric Search Functionality is activated, it uses the Platform's technical solutions and the User's Biometric Data to automatically select photos included in an Album in which the User concerned might potentially be shown, making it easier to find these photos without having to manually review the entire set of Album photos (the result of automated selection is a technical prediction and not a final confirmation of the person's identity);
• it enables the Client Administrator and the Client Editor to send Photo Use Requests in the name of the Client, record and manage information about User Choices, and maintain a history of changes to Photo Use Requests and User Choices;
• it makes it possible to use other functionality available on the Platform.

The Service Provider of the Platform is MyFaceGuard, SIA, registration No. 40203708503, registered address: Kaivas iela 31 k-5 - 117, Rīga, LV-1021, Latvia, email address (general enquiries): hello@myfaceguard.com; email address for privacy and compliance matters: compliance@myfaceguard.com.

The Terms are binding on the User who has accepted them, and on the Client in whose name the Terms have been accepted in accordance with the procedure set out in these Terms.

By creating a User Account and accepting the Terms, the User confirms that they have read the Terms, understand them, agree to them and undertake to comply with them.

By accepting the Terms, an agreement on the use of the Platform on the conditions set out in the Terms is concluded between the Service Provider and the person who accepts the Terms in their own name or in whose name the Terms are accepted.

A User who creates a Client Account in the name of another natural or legal person confirms that they are entitled to act in the name of that Client, to create a Client Account for it and to accept the Terms in the Client's name. Upon acceptance, the Terms become binding on that Client.

By accepting the Terms, the Client also becomes bound by the Data Processing Agreement, which forms an integral part of these Terms and applies insofar as the Service Provider processes personal data on behalf of the Client, unless the Service Provider and the Client have separately agreed on other terms for the processing of personal data.

Other documents of the Service Provider also apply to the use of the Platform insofar as they relate to the specific use of the Platform, including the privacy policy and other documents referred to in the Terms.

The purpose of the Platform is to provide a technical solution for managing photos and information related to the processing of personal data of the persons shown in them, including creating and managing Albums, managing Access Rights, Photo Use Requests and User Choices, and, if the relevant functionality is activated, automated search and selection of photos.

Depending on the rights granted to the User, the Album settings and the functionality available on the Platform, the Platform may make it possible to:

• create and manage a Client Account;
• create and manage one or more Albums;
• upload, store, organise, view and manage photos placed in an Album;
• grant, change and withdraw Users' access rights, including:
  • for the Client Administrator and the Client Editor — access rights to the Client Account, Albums, photos and Photo Use Requests in accordance with the role assigned to them;
  • for the Photo Use Request Recipient — access rights to the relevant Album, photos and Photo Use Request for making a User Choice;
• record and manage information about photos placed in an Album and the related processing of personal data;
• send Photo Use Requests and record and manage User Choices in accordance with the relevant legal basis for processing personal data;
• record the fact and time of sending Photo Use Requests and receiving User Choices, the scope, purpose, conditions and status of requests, and maintain information about the User Choice, including the history of its changes, insofar as it relates to the specific processing;
• store and manage information and documentation related to the processing of personal data;
• if the relevant Platform functionality is activated, use the User's Biometric Data to automatically select photos in an Album by identifying photos in which the Photo Use Request Recipient concerned might potentially be shown;
• review automatically selected photos and confirm or reject the match determined by the Platform;
• search for, select, review and update information recorded on the Platform;
• receive notifications and reminders generated by the Platform;
• use other functions available on the Platform.

The Platform is a technical management and record-keeping tool. Use of the Platform does not in itself ensure or guarantee that the processing of personal data carried out by the Client complies with the requirements of applicable law.

The Client independently determines the purposes and legal basis for processing the photos placed in Albums and the related personal data, and is responsible for the lawfulness of that processing, for informing data subjects and for enabling them to exercise their rights.

To use the Platform, the User creates an individual User Account, except where specific Platform functionality is available without a User Account.

The Platform is intended for persons who have reached 18 years of age.

By creating a User Account, a person confirms that they have reached 18 years of age and are entitled to independently assume the obligations arising from these Terms.

By creating a User Account and accepting these Terms, an agreement on the use of the Platform on the conditions set out in these Terms is concluded between the User and the Service Provider.

A User Account is individual and intended only for use by the natural person for whom it was created.

When creating a User Account, the User must provide true, accurate and up-to-date information.

The User may not pass their authentication data to another person or allow another person to use their User Account.

The User is responsible for keeping their authentication data confidential and for following appropriate security measures.

The User must inform the Service Provider without delay if they suspect unauthorised access to the User Account or another incident related to account security.

One User may act on the Platform in several roles — in their own name and as a Client Administrator or Client Editor. When acting as a Client Administrator or Client Editor, the User uses only the access rights to the Client Account granted to that role. These roles do not give the User the right to access another User's account or to make a User Choice in another User's name. One User may use the Platform in their own name and at the same time be a Client Administrator or Client Editor. A User's access to the Client Account is separate from the use of their individual account in their own name. The role of Client Administrator or Client Editor does not in itself give the right to access another User's individual account or to decide on the use of their photos on their behalf.

A Client Account is created for a specific Client and is linked to the Client regardless of which User performs the functions of Client Administrator at any given time.

A Client Account may be created by a User:

• in their own name, if the User is the Client; or
• in the name of another natural or legal person, if the User is entitled to act in the name of that Client.

By creating a Client Account in the name of another person, the User confirms that they have the necessary rights to represent the Client, to create a Client Account in its name and to accept the Terms in the Client's name.

The User who creates a Client Account becomes its initial Client Administrator.

The Client must ensure that the Client Account has at least one active Administrator throughout its operation. If an Administrator's rights are terminated or withdrawn, the Client ensures that another Administrator is linked to the Client Account before those rights are terminated or withdrawn.

Creating a Client Account does not in itself transfer the Client's rights or responsibility for the processing of personal data carried out within the Client Account to the Client Administrator or the Client Editor.

The Client is the responsible party for the processing of photos and related personal data carried out within its Client Account, insofar as, based on the actual circumstances and applicable law, the Client determines the purposes and means of that processing of personal data.

The Client determines which Users are entitled to act as Client Administrators and Client Editors, and the Client Administrator manages their roles on the Platform in the Client's name.

In accordance with the procedure set out on the Platform, the Client may:

• appoint one or more Client Administrators and Client Editors;
• change Client Administrators, Client Editors and their roles;
• terminate the rights granted to a Client Administrator or Client Editor, subject to the requirement of at least one administrator in an active Client Account;
• change Users' roles between the Client Administrator and Client Editor roles, subject to the scope of rights set out in these Terms and the requirement of at least one administrator in an active Client Account;
• terminate the roles assigned to a specific User and assign those roles to another User, subject to the requirement of at least one administrator in an active Client Account;
• delete the Client Account, with this action performed on the Platform by the Client Administrator.

The Client is responsible for choosing Client Administrators and Client Editors, for the rights granted to them and for amending or terminating those rights in good time.

The Client is responsible for ensuring that, within the Client Account:

• personal data is processed lawfully;
• an appropriate legal basis is established for the processing of personal data;
• personal data is processed for specified and lawful purposes;
• the rights of data subjects are respected;
• it has all the necessary rights, authorisations, permissions and other legal basis for uploading, storing, processing, sharing and otherwise using on the Platform the photos placed in Albums and the information they contain, including personal data.

Appointing or replacing a Client Administrator or Client Editor does not release the Client from the obligations and liability that apply to it.

The Client Administrator and the Client Editor act in the name of the Client. The Client Administrator has full management rights for the Client Account. The Client Editor has the same rights, except for the right to manage other Users linked to the Client Account and the roles assigned to them, and the right to delete the Client Account.

The Client Administrator and the Client Editor may:

• create and manage Albums;
• upload and manage photos contained in Albums;
• send Photo Use Requests to their recipients and grant access to the relevant Albums and photos;
• determine the access of Photo Use Request Recipients to the relevant Albums and photos;
• manage Photo Use Requests;
• review and manage information recorded on the Platform about Photo Use Requests and User Choices;
• use other functions available to the Client Account, subject to the Client Account management and deletion restrictions set for the Client Editor.

The Client Administrator and the Client Editor may act only in the name of the Client, following the Client's instructions and within the scope of rights set for the relevant role.

The Client Administrator may, in the name of the Client, invite new Client Administrators and Client Editors, change their roles and terminate their access to the Client Account, subject to the requirement of at least one administrator in an active Client Account.

A Client Account may have several Client Administrators and Client Editors. An active Client Account must always have at least one Client Administrator. The last Client Administrator may remove their own administrator role or leave the Client Account only after the Client Administrator role has been assigned to another User and has taken effect. Sending an invitation alone is not sufficient. This condition must also be observed if the administrator role is changed or the administrator is removed from the team.

Replacing a Client Administrator or Client Editor, or terminating their rights, does not in itself affect the existence of the Client Account or the Albums, photos, Photo Use Requests, User Choices and other information in it. When a role is changed or terminated, the Access Rights of the User concerned are changed or terminated accordingly.

If the Client cannot replace the Client Administrator, including because the previous Client Administrator cannot be reached, does not cooperate or has lost the right to represent the Client, the Client may contact the Service Provider and request that the Client Administrator be replaced.

In that case, the Service Provider may request the information and documents needed to verify the identity of the Client and of the person entitled to act in its name, their right of representation and their rights to the Client Account concerned.

Albums are created within a Client Account and are linked to that Client Account.

The Client Administrator and the Client Editor may create one or more Albums in accordance with the functionality available on the Platform and the conditions of the chosen service.

The Client Administrator and the Client Editor may, in the name of the Client, upload, organise, manage and delete photos in an Album in accordance with the rights granted to the relevant role.

The Client is responsible for ensuring that it has all the necessary rights to the photos placed in an Album and to other content contained in them, and an appropriate legal basis for processing the personal data contained in the photos on the Platform, including uploading, storing, sharing and otherwise processing them on the Platform.

The Client Administrator and the Client Editor may upload and otherwise process photos in an Album only in the name of the Client, within the authorisation given by the Client and the rights granted to the relevant role.

The Client Administrator and the Client Editor may, in the name of the Client, grant a Photo Use Request Recipient Access Rights to a specific Album, the photos available in it and the necessary information about the purpose and conditions of the photo's use and the processing of personal data. The request recipient may access the information once they have become a User of the Platform.

Access Rights are granted to a specific Photo Use Request Recipient and may not be transferred to another person.

A Photo Use Request Recipient may access only those Albums, photos, requests and Platform functionality for which they have been granted the relevant Access Rights.

The Client Editor has no right to manage other Users' Access Rights to the Client Account concerned and its Albums.

The User is prohibited from attempting to gain access to Albums, photos, information or Platform functions for which they have not been granted Access Rights.

In accordance with the Platform functionality available to them, the User may view the photos available in an Album, use the automated photo selection functionality and save the photos available to them on their device.

The Platform provides technical functionality for sending Photo Use Requests, finding out User Choices and managing information about the use of photos and its status. The name of a request does not in itself determine the legal basis for processing personal data.

The Platform may record information about the Photo Use Request and the User Choice, their date and time, the photos concerned, the purpose, scope and conditions of use, the Client, the status, changes, objections and withdrawal of Consent, where processing is based on Consent.

The User may review the Photo Use Requests sent to them and respond in accordance with the legal basis for processing personal data specified in the request and the functionality available on the Platform.

The Platform records and maintains information about the status of Photo Use Requests and User Choices and changes to it, in accordance with the functionality available on the Platform.

The Client is responsible for ensuring that Consent, where it is used as the legal basis for processing personal data, is requested, obtained and used in accordance with the requirements of applicable law.

Recording a Photo Use Request or a User Choice on the Platform does not in itself confirm that the processing of personal data is lawful. Where processing is based on Consent, recording it does not in itself confirm that the Consent is legally valid. Confirmation that a User is shown in a photo is not in itself Consent to the use of the photo.

On receiving a withdrawal of Consent or an objection to the processing of personal data, the Client is responsible for taking the necessary further action in accordance with the relevant legal basis and applicable law.

The Platform may provide optional Biometric Search Functionality, the purpose of which is to automate and make it easier for the User to find their photos in an Album.

When the Biometric Search Functionality is used, the Platform's technical solution may use the User's Biometric Data to compare it with features detected in the photos in an Album and automatically select photos in which the User concerned might be shown.

Use of the Biometric Search Functionality is the User's choice. The User is under no obligation to activate the Biometric Search Functionality or to provide Biometric Data for its use, and refusing to use this functionality does not limit the User's ability to use the Album and other Platform functions available to them that do not require the processing of Biometric Data.

If the Biometric Search Functionality is available in an Album, the User may activate it at their own choice in accordance with the procedure set out on the Platform.

Before the Biometric Search Functionality is activated, the User is given information about the relevant processing of personal data and, where the legal basis for that processing requires it, the Platform provides the option to give appropriate Consent to the processing of Biometric Data.

A User's refusal to create Biometric Data or to use the Biometric Search Functionality does not limit their right to use other Platform and Album functions available to them, insofar as those functions by their nature do not depend on the use of Biometric Data.

The Biometric Search Functionality is an aid for finding photos and is not to be regarded as an infallible means of identifying a person.

The results of automated photo selection are obtained by technical comparison, and it is possible that:

• a photo in which the User is actually shown is not selected;
• a photo in which the User is not shown is selected; or
• a person's match is otherwise determined inaccurately or incorrectly.

To reduce the consequences of incorrect automated identification, the Platform may enable the User to review automatically selected photos and confirm that the User concerned is shown in a specific photo.

Automated selection of photos is not in itself to be regarded as the User's final confirmation that the specific User is shown in the photo concerned. Where the Platform provides a User confirmation function, the final match for the purposes of the Platform may be recorded after the User's confirmation.

When reviewing the results of automated selection, the User must not confirm a photo as their own if another person is shown in it.

Where the Platform provides this option, the User may stop using the Biometric Search Functionality and request deletion of the Biometric Data related to the use of this functionality in accordance with the procedure set out on the Platform, subject to the applicable personal data protection rules.

The Service Provider may restrict, suspend, change or terminate the availability of the Biometric Search Functionality or of individual related functions if this is necessary in connection with legal requirements, instructions from competent authorities, personal data protection or information security considerations, technical limitations, the development of the Platform or other objectively justified reasons.

Restricting, suspending, changing or terminating the Biometric Search Functionality does not in itself limit the User's access to other Platform functions that do not depend on the use of Biometric Data, unless the nature of the functionality concerned implies otherwise.

Personal data is processed in connection with the use of the Platform in accordance with applicable personal data protection legislation.

The Client is responsible for the lawfulness of the processing of personal data carried out as a result of using the Client Account and the Albums created within it, including determining the purposes of processing personal data and an appropriate legal basis, insofar as, based on the actual circumstances, the Client is to be regarded as the controller of that processing of personal data.

The Client Administrator and the Client Editor carry out actions related to the processing of personal data in the name of the Client in accordance with the rights of their role and the Client's instructions.

Insofar as the Service Provider processes personal data contained in the Client's data on behalf of the Client, it acts as a processor of personal data. The conditions of such processing of personal data are set out in the Data Processing Agreement, which forms an integral part of these Terms.

Information about the processing of personal data carried out by the Service Provider as a controller in connection with the provision and use of the Platform is provided in the MyFaceGuard privacy policy.

The processing of Biometric Data in connection with the use of the automated photo search and selection functionality is additionally subject to the conditions set out in section 11 of these Terms, “Use of Biometric Data for automated selection of photos”, and to the information about the relevant processing of personal data provided in the privacy policy.

The Platform may be used only for its intended purpose and in accordance with the Terms.

The User is prohibited from:

• creating or maintaining several User Accounts for one and the same person without the Service Provider's permission, unless such an option follows from the Platform's functionality;
• using the Platform for an unlawful purpose or in a way that breaches legislation, the requirements of these Terms or the rights or legitimate interests of other persons;
• uploading, placing, storing or otherwise using photos, personal data or other content on the Platform if the person does not have the relevant rights or other legal basis for doing so;
• using the Platform to send misleading, fraudulent, unlawful, offensive or otherwise unauthorised notifications, requests or other content;
• giving or withdrawing Consent, confirming or rejecting a photo match, granting or changing Access Rights or performing other actions provided on the Platform in the name of another person if the User has no right to act in that person's name;
• impersonating another person, falsely stating their identity, right of representation or connection with another natural or legal person, or providing false or misleading information to the Service Provider or other Users of the Platform;
• disrupting, overloading, damaging or otherwise adversely affecting the operation, security or availability of the Platform or related information systems;
• attempting to gain unauthorised access to the Platform, a User Account, a Client Account, an Album, personal data, information systems or other information to which the User has not been granted Access Rights;
• testing the Platform or related information systems for vulnerabilities, carrying out security testing or attempting to bypass the technical or organisational security measures implemented on the Platform without the Service Provider's prior permission;
• using robots, scrapers, automated requests or other automated means to access the Platform or to obtain, collect, copy or organise information or data available on the Platform without the Service Provider's permission, except where such use is expressly provided for in the Platform's functionality;
• copying, modifying, transforming, decompiling, deconstructing, reverse engineering or otherwise attempting to obtain the Platform's source code or to discover its technical operating principles, except insofar as such actions are expressly permitted by applicable legislation;
• using the Platform to distribute malware, harmful code, spam or other content that may harm the Platform, the Service Provider, Users or other persons;
• using the Platform's automated photo search and selection functionality, Biometric Data or the results of this functionality to identify, profile or track other persons or for other purposes not provided for in the Platform's functionality or for which there is no appropriate legal basis;
• obtaining, downloading, copying, distributing or otherwise using photos, personal data or other information available in an Album beyond the scope of the Access Rights granted to the User or contrary to the purpose for which the access was granted;
• performing other actions whose purpose or effect is to use the Platform contrary to its intended purpose, the Terms or the requirements of applicable legislation.

The Platform and its components, including software, software code, technical solutions, functionality, structure, user interface, design, database structure, documentation, trade marks, names, logos and other elements of the Platform, are the intellectual property of the Service Provider or its licensors and are protected in accordance with applicable legislation.

For the duration of the Terms and the relevant service, the Service Provider grants the User a limited, non-exclusive and non-transferable right to use the Platform for its intended purpose, in accordance with the rights granted to the User, the chosen service and these Terms.

Use of the Platform does not grant the User or the Client ownership rights or other intellectual property rights to the Platform or its components, except for the rights to use the Platform expressly provided for in the Terms.

Without the Service Provider's prior written Consent, the User may not copy, reproduce, modify, transform, distribute, sell, lease, sub-license or otherwise commercially exploit the Platform or its components, except insofar as such actions are expressly permitted by the Terms, follow from the Platform's intended functionality or may not be restricted under applicable legislation.

The Service Provider does not acquire ownership rights or intellectual property rights to photos or other content merely because it is uploaded, stored or otherwise processed on the Platform.

The Client ensures that it has all the necessary rights and permissions to place and use photos and other content on the Platform to the extent necessary to use the Platform functionality chosen by the Client.

The Client grants the Service Provider a non-exclusive right to technically use, reproduce, store, process and otherwise use photos and other content placed on the Platform only to the extent and for as long as necessary to provide the Platform services and the functionality chosen by the Client.

For the purposes of these Terms, the rights granted to the Service Provider to content placed on the Platform do not include the right to use that content for the Service Provider's advertising, marketing or other purposes unrelated to the provision of the Platform services, unless a separate agreement has been reached on such use or another legal basis exists.

The Service Provider takes reasonable measures to ensure the availability and proper operation of the Platform.

The Service Provider does not guarantee uninterrupted operation of the Platform where its operation is affected by maintenance work, security incidents, disruptions of third-party services, force majeure or other circumstances beyond the Service Provider's reasonable control.

The Service Provider may carry out maintenance, updates, improvements and security enhancements of the Platform.

The Service Provider may change the Platform's functionality, informing of material changes in accordance with the procedure set out in the Terms.

Use of the Platform or of individual functionality may be subject to a fee in accordance with the service types, subscription plans, prices and other payment conditions specified on the Platform.

The amount of the fee for using the Platform, the payment period, the functionality included in the service concerned and other fee-related conditions are specified on the Platform before the paid service concerned is chosen or purchased.

By choosing a paid service, the person accepts the price, billing period and other payment conditions applicable to that service as specified on the Platform at that time.

Where a service is provided on a subscription basis, the fee applies for the subscription period specified on the Platform in accordance with the conditions of the chosen subscription plan.

The availability of individual Platform functions may depend on the chosen service or subscription plan.

The Service Provider may change the fees for using the Platform, the subscription plans or the functionality included in them. Changes relating to a service already purchased or in effect apply in accordance with the procedure set out on the Platform or in the conditions of the service concerned.

If payment is not made by the due date, the Service Provider may restrict or suspend the availability of the paid service or the relevant functionality in accordance with the procedure set out on the Platform.

Prices shown on the Platform include value added tax or other applicable taxes, unless the Platform clearly states otherwise.

If the Client and the Service Provider have concluded a separate agreement, individual offer or other arrangement regarding fees for using the Platform, the conditions set out in that agreement or arrangement take priority with respect to the amount of the fee and the billing procedure.

Each person is liable for their failure to fulfil, or improper fulfilment of, their obligations under the Terms in accordance with applicable law.

The Client is responsible for:

• the lawfulness of processing the photos placed in Albums and the related personal data;
• establishing an appropriate legal basis for processing personal data;
• having the necessary rights to the photos placed in Albums;
• appointing Client Administrators and Client Editors and the rights granted to them;
• taking the necessary action if the legal basis for processing personal data changes or ceases to exist.

The Client Administrator and the Client Editor are each responsible for their own actions on the Platform within the rights and obligations of their role.

The Photo Use Request Recipient is responsible for using the Platform and the photos available to them in accordance with the Terms and applicable law.

Replacing a Client Administrator or Client Editor does not affect the Client's responsibility for the processing of personal data carried out within its Client Account.

The Platform is a technical tool and does not replace the Client's obligation to ensure that the processing of personal data it carries out is lawful.

Limitations of the Service Provider's liability apply only to the extent permitted by applicable law.

The Service Provider may temporarily restrict or terminate a User's access to the Platform if the User materially or repeatedly breaches the Terms.

The Service Provider may restrict access immediately if this is necessary to protect the security of the Platform, personal data, Albums or other Users or to prevent a possible unlawful act.

Where circumstances allow, the Service Provider informs the person concerned before restricting access and gives a reasonable period to remedy the breach.

Where an access restriction is imposed for security reasons, the Service Provider, insofar as technically possible and without compromising security, informs the person concerned of the reason for the restriction and its expected duration.

The Client may stop using the Client Account in accordance with the conditions of the chosen service.

The Client Administrator may, in the name of the Client, request termination of the Client Account and delete the Client Account. The Client Editor does not have this right.

Before the Client Account is deleted, the Client may download the confirmations of User Choices available on the Platform (Photo Use Confirmation Certificate in PDF format). Other data export options are provided if they are available on the Platform or agreed in a separate arrangement.

When the Client Account is terminated, the Access Rights of Client Administrators, Client Editors and other Users to that Client Account and its Albums are terminated.

The procedure for storing, transferring and deleting personal data in the Client Account after the service ends is determined by the applicable contractual documents and personal data protection requirements.

The User may request deletion of their User Account in accordance with the procedure set out on the Platform. The User Account and the related information and data are permanently deleted, except for data whose retention is necessary to fulfil obligations set out in legislation or to defend legal claims.

Closing the individual User Account of a Client Administrator or Client Editor does not in itself terminate the Client Account. If the User is the last Client Administrator, before closing the individual User Account the administrator role must be assigned to and in effect for another User, or the Client Account must be terminated.

The Service Provider may amend the Terms if this is necessary in connection with the development of the Platform, changes to the service, legal requirements, security considerations or other objectively justified reasons.

The User and, where necessary, the Client are informed on the Platform of amendments to the Terms before they take effect. Where justified for particular amendments, information about them may also be provided electronically to the email address given for communication or in another appropriate way.

The current version of the Terms is available on the Platform and/or the Service Provider's website.

Notices related to the use of the Platform may be sent to the email address specified on the Platform, made available in the User Account and the Client Account, or sent using another means of communication provided on the Platform.

The User and the Client must ensure that the contact information given on the Platform is true and up to date.

Questions about using the Platform may be sent to the Service Provider at: support@myfaceguard.com.

Questions about these Terms may be sent to the Service Provider at: hello@myfaceguard.com.

Questions about privacy or compliance matters may be sent to the Service Provider at: compliance@myfaceguard.com.

The Terms and the legal relationships arising from the use of the Platform are governed by the laws in force in the Republic of Latvia.

The parties first try to resolve disagreements related to the use of the Platform through mutual negotiation.

If a dispute cannot be resolved through negotiation within 30 days, it is to be settled by a court of the Republic of Latvia in accordance with the jurisdiction set out in legislation, unless applicable legislation provides for another mandatory dispute resolution procedure.

The Terms take effect on the day they are published on the Platform's website.

If any provision of the Terms is found to be invalid or unenforceable, this does not affect the validity of the remaining Terms.

Matters not governed by the Terms are subject to other contractual documents and legislation applicable to the relevant legal relationships.