1. Introduction

• 1.1. Versions, updates and modifications history

  • 1.1.1. First version, dated august 8st, 2016

2. Definitions

• 2.1. Skinography

  Refers to the company providing services through the skinography.net domain

• 2.2. Skinography.net

  Refers to the computer application provided by Skinography via Internet, and represents all the contents, services and functions provided by the aforementioned application to the Users, which are available through the Internet URL address https://skinography.net

• 2.3. Term of use

  Heach one of the conditions that Users of Skinography must fulfill, and which are provided on this document.

• 2.4. Web service

  Functionalities, uses and services that Skinography brings to the Users in the form of web pages, mobile applications or any other support based on the Internet.

• 2.5. User

  Refers to the people accessing Skinography, who therefore are making use of the Web services and being subdued to the Terms of Use, wether theyr'e Registered Users or not.

• 2.6. Registered user

  Those people that has turned into Users of Skinography, and have completed succesfully the signup process that turns them into Registered Users.

• 2.7. User typology

  Each one of the categories on which the Registered Users are divided, choosen depending on the activity of the user on relation with the service.

• 2.8. Staff

  The organization, management or production team as designated by Skinography para el desempeño de estas tareas.

• 2.9. Content

  Refers to any text, graphic or any other kind of content being available through Skinography, being provided by the User or not. For example (but not limited to): Text fragments, images, icons, photos, typographies, programming resources, source code, etcetera.

• 2.10. User content

  Refers to all the Contents included into Skinography by the User, including (but not limited to) all the contents inserted on the Profile, on the User's personal data, on the User's Messages, on the contact forms, and, in general, any other data introduction performed by the User on Skinography.

• 2.11. Photo

  Those images obtained via any process, whether they're representative of the reality or not, and that are provided in the form of a Content at Skinography being considered as artistic creations by the Law or not. Usually (but not limited to), images in the form of a computer file in the JPG, GIF or PNG format, in any size, resolution and quality.

• 2.12. Profile

  Refers to the personal web space provided to the Registered User so he can publish its User Contents.

• 2.13. User messages

  Refers to those messages, part of the User Contents, that the Registered User can send to other Users via Skinography, or receive from other Skinography Users, or from other Internet users outside Skinography.

• 2.15. Conflict Resolution Committee

  Refers to the group of people from the Skinography Staff that has been designated to regulate the fulfillment of this Terms of Use, and is capable enough to dictate resolutions when conflicts about those Terms arise.

• 2.16. Cookie

  Piece of information stored on the Internet terminal of the User in the form of a computer file, as a technical mechanism required by Skinography to provide its services.

• 2.17. Internet terminal

  The device of any kind used by the User to access Skinography

• 2.18. User registration

  The process the User should use to request Skinography his condition of Registered User in order to access the additional services provided to Registered Users.

3. Skinography ownership and legal information in accordance to LSSI Law

4. Acceptance and modification of the Terms of Use

5. Servicios

• 5.1. Paid services

  Some of the Skinography services are paid services via a membership, or via unique payments. Skinography might be associated with other companies to provide this services, on which cases the User is clearly informed. This paid services may require the acceptance of additional Terms of Use, on which cases the User is clearly informed during the contract.

  • 5.1.1.

    The user cannot resell Skinography products or services.

  • 5.1.2.

    Skinography reserves the right to cancel any paid service along with the User's account if the User fails to fulfill any of this Terms of Use. The account cancellation will imply the cancellation of all the related publications, contents, services or functions being provided to the User, even when those were part of a paid service. On such cases, Skinography won't acquiere any refund commitment.

  • 5.1.3.

    The User is obligated to use the paid services only for the purposes they were designed for.

  • 5.1.4.

    The use of paid services is subjected to this Terms of Use, therefore paid services do not provide any additional rights bypassing this Terms of Use.

  • 5.1.5. Prices

    Prices for paid services are those published on skinography.net. This prices include IVA/VAT and any other applicable taxes, and can change at any time, being the new prices published on the same page. Except when the opposite is specified, prices are not applied retroactively, not becoming Skinography obligated to refund the difference when the price is reduced, nor the User obligated to pay the additional difference when the price increases.

  • 5.1.6. Refunds

    The user can request at any time the refund for his payment for a Service. The refund will be for the complete amount if the user hasn't used the service and Skinography cannot verify that the User has received the benefits of the Service. Refunds for services based on a membership payment will be done for the amount proportional to the time that has not been used yet, except if Skinography can verify that the User didn't get the benefits of the service as announced on skinography.net at the time of the payment.

• 5.2. Membership

  For some User Typologies it's required to obtain a paid membership to use Skinography. This membership allows the User to use access all the benefits of Skinography, as listed on skinography.net when signing up.

• 5.3. Noticeboard

  The noticeboard allows Registered Users to insert announcements about castings, their needs for a project, their offers, events or other similar messages. Those announcements are published on the Internet and sent to other users whose profiles match the needs of the User publishing the announcement.

  • 5.3.1. Requirements and service specification

    • 5.3.1.3. Ads must fulfill all this Terms of Use, specially those referred to non-allowed activities

    • 5.3.1.5. Not allowed ads

      Ads about products are not allowed. For example: Photography gear for sale, beauty products, cosmetics, clothing, etcetera.

      Ads not related to the purpose of Skinography are not allowed. For example: Web design services, gyms, etcetera.

      Ads aimed to gather votes in competitions or similars are not allowed.

      Ads aimed to gather user for another web pages are not allowed.

    • 5.3.1.6.

      Skinography reserves the right to cancel ads when he considers they don't fulfill this Terms of Use. In such cases, if the ad publication was paid by the User, Skinography will refund its payment completely.

6. User Registration

• 6.2. Most important Terms for Registered Users

  • 6.2.1.

    The User must act honestly, with good behavior, with civility and with respect on Skinography, and do it so according to the Law.

  • 6.2.2.

    By accessing Skinography, the User certifies that he is at least 18 years old or the age of consent in the jurisdiction from which he is accessing Skinography; that he is familiar with the laws in his jurisdiction affecting the User's legal right to access Skinography or to access erotica or adult-oriented materials; that he has the legal right to access the Contents at Skinography and that Skinography has the legal right to make such Contents available to him; that he is requesting such contents for his own private use, and that he won't, by action or inaction, directly or indirectly, share such contents with or make such contents available to a minor in any way. Skinography can suspend temporarily the User's account and require him/her to provide proof of its age if he considers it necessary.

  • 6.2.3.

    The User must not be related in any way to prostitution services, scorts or similar, nor with services or activities that are considered illegal in any country of the world.

  • 6.2.4.

    The User must not upload photos of people that were under legal age at the time the photos were taken, whether they are recognizable or not, even when he has the legal rights or the paternal permission, and even if the images do not show nudity or erotism. When Skinography considers that, by his own criteria, some of the models on the User's photos were under legal age at the time the photos were taken, or they appear to be so, Skinography could require the User to provide legal and unambiguous documentation that proves that the models were of age at the time the photo was taken, or could remove the photo.

  • 6.2.5.

    The user must not upload contents nor images that can be considered threatening, defaming, xenophobic, against the dignity or the rights of a person, hurtful to the honor or the intimacy of a person, illegal, or any other behavior that can constitute a criminal offense.

  • 6.2.6.

    The User must not upload Contents of any kind when they're protected by Intellectual or Industrial Property rights, Author rights or Image rights, when he/she hasn't been authorized by the rights owner.

  • 6.2.7.

    The User must own any necessary Image Rights in regard to the persons appearing on his photos.

  • 6.2.8.

    The User must be legally allowed to upload and publish the Contents and photos to Skinography. Skinography can require the User to provide proof that he/she has the proper rights if he considers it necessary, and the User assumes all the responsibility about his Contents and takes it away from Skinography on its entirety.

  • 6.2.9.

    The User gives Skinography the usage rights about the contents he provides through the web to be published on skinography.net and on the social profiles of Skinography like Twitter, Instagram, Pinterest and similar. This right extends to all the countries in the world, and until the User cancels his account, or removes the content from his/her profile. Skinography does not receives any other usage right nor acquires any property rights.

7. Responsibility and acquired rights

• 7.1. Responsibility exemption

  • 7.1.1.

    Skinography offers links, directly or indirectly, to resources or other pages on the Internet that are outside skinography.net. The presence of those links has a merely informative purpose, and Skinography does not takes any responsibility about the contents or services that can be found on them.

  • 7.1.2.

    Skinography doesn't guarantees the absence of virus or other elements that may cause harm to computer systems or electronic documents of the User, nor guarantees the complete availability and correct operation of the Web Services and Contents at skinography.net, therefore Skinography does not acquires any responsibility related to the harm, damage, disputes, law suits or expenses of any kind that this incidences may cause.

  • 7.1.3.

    Skinography does not assumes any responsibility about the User Contents that the Users enter at skinography.net, nor about the messages the Users send, nor any other content of any other kind entered by the Users using the tools Skinography provides, nor about the bad use the Users may do with them. The User assumes all the responsibility about his Contents and takes it away from Skinography on its entirety.

• 7.2. Acquired rights

  Skinography reserves the right to:

  • 7.2.1.

    Deny the registration of a User, cancel a Registered User, its photos and, in general, any User Content.

  • 7.2.2.

    To cancel a Registered User or the services bought by him when he doesn't pays any of the Web Services requested by him. In such case, Skinography reserves the right to start the adequate legal proceedings aimed to obtain the payment of the debt, and the User completely takes away from Skinography all the responsibilities derived from this proceedings, including those about harm, and those related to judicial or representative expenses.

8. Intellectual and industrial propiety

• 8.1.

  Modification, copy, reproduction, download, transmission, distribution or transformation of the contents available at skinography.net is not allowed when lacking an specific authorization from the owner.

• 8.2.

  The Contents uploaded by the Users are not property of Skinography, and therefore subjected to individual authorship, image and other rights owned by their respective Users. Users have authorized Skinography to publish those contents on this web.

9. Privacy & data protection

• 9.1. What information do we store about you?

  • 9.1.1. Here's a list of all the information we store about our users

    • Name, first name and second name, if you provided them
    • Gender, when it's relevant
    • Birthday
    • Email
    • An encrypted version of your password
    • Username
    • Country and region
    • City, if you specify it
    • Phone number if you specify it, required for companies
    • The text you enter for your Bio
    • The URLs of your Facebook page, Instagram, Twitter and similar profiles, if you specify them.
    • Height, chest, waist, hips, shoe size, bra size and other similar measurements, if you're a model and have entered them.
    • Complete address, along with the coordinates of the address in a map if you enter this information. It's required for companies.
    • Depending on the type of the user, we store the settings they set up that are specific to their profile type. For example: Photographers can specify whether they are specialised in fashion photography, advertising, portraiture … whether they are available to travel or not, etcetera.
    • Users upload their works to their portfolio, so we store the images, videos or other files they provide us for that purpose. We also store the titles, descriptions, tags and hashtags they provide for each photo or content, and also for each folder they setup to organise those contents.
    • For security purposes, we store the IP from which you're connecting to your account at Skinography, the browser type you use and other information about it like its version.
    • Various technical information like the date you've signed up at Skinography, the date you've accessed your account for the last time, the date you've updated your profile or uploaded a photo for the last time, your timezone, preferred currency, etcetera.
    • Optionally, users can request to receive invoices for their payments. In those cases, we store the provided invoicing name, address and id number to build those invoices.
    • When you invite another user, we store who invited who, and when.
    • Users can write testimonials about other users. We store those also.
    • The settings you specify for your account configuration, like whether you want to receive alerts about new messages or new follows, whether you want to appear in certain sections of the web or not, etcetera.
    • If you have a paid membership, we store the information Paypal provides us about the payments agreement, which allows us to connect with Paypal and perform the payments and renewals for your membership. We do not store your Paypal password, nor your credit card or bank account numbers.
    • When a user requests the optional identity verification, they send us a scan of their ID card, passport or similar id document so we can check its identity and place the “identity verified” badge in its profile. We store the scans the user sends us for that purpose. In some cases, for security purposes, we can require a user to provide a valid identification. In such cases we follow this same procedure.
    • Users can block other users. When that happens, we store who blocked who, and when.
    • Users can communicate with each other, so we obviously store the conversations. We also store whether you are connected to a chat in order to provide the “This user is online” information to the other person on the chat. We also store whether a user has seen or not the messages he received, to provide the “Double tick” information that lets other users know when their messages have been seen.
    • Users can report other users, photos, contents and similar, and can also place copyright infringement claims. In those cases, we store the information about the report or the claim, the explanation the user provided us (if they did), the list of photos that have been reported or claimed, and the private messages the user has attached to the report.
    • We do occasionally provide some users with discount coupons and similar offers. In such cases, we store the information about the coupons that have been send to users, and about when they're redeemed.
    • Users can create groups and castings where other users can join. Those groups provide tools such as a forum, a shared calendar and a file sharing service. When a user creates or joins a group, we store the information about the group, the date he created or joined it, the messages they contributed to the forum, the files they uploaded to share with the other members and the events they added to the shared calendar.
    • Users can publish ads and castings at Skinography. We store the information they enter for them, along with the images they attach to them.
    • Users can follow other users, just like Twitter or Instagram. In such cases, we of course store the information about who is following who.
    • Users can like photos or other contents, and perform other social interactions like commenting, mentioning or tagging other users, etcetera. For those cases, we store the information about who did what, and when. In the case of comments, we also store the comment itself.
    • Users can create lighboxes that allow them to build private or public lists of photos, videos, users or other contents. In such cases, we store the information about the lightbox, when it was created, and all the contents the user places inside the lightbox.
    • When our users install the Skinography App in an Android or iOs device, we store the unique identifier of the installation, the device name, brand and model. That allows us to send them notifications.
    • Users can open a support ticket to request for help or solve their questions. We store the information they provide us through those tickets.
    • We use cookies in order to be able to identify the user securely and give him access to his account in a way that we can be sure it’s him, an no one else, who is requesting the access. We store the identifier of those cookies for that purpose.

  • 9.1.2.

    Some of this information is not required to be entered in certain cases, or is not requested to the user in some other cases. Only the data that is relevant to the user profile type is requested. For example: We do not ask for the gender of a company representative because it’s not relevant to the profile of the company, but we do require it for models because it’s relevant, for example, when we notify them about castings that are only aimed to a specific gender.

  • 9.1.3. Statistical information

    To understand how our users use Skinography, and to improve our service, we store information about the number of visits, page views and similar statistical information. This information is not specific for each user: we do not track the visits or the behaviour of individual users. Instead, we gather data that is not linked to specific users. Additionally, we do not use Google Analytics in Skinography, so we do not support nor participate in the gathering of information Google does of users that visit sites using their technology. Instead, we use an open source analytics tool (Matomo) that anonymises the IPs so they’re never linked to a specific user. Following this policy of anonymous statistical information, we keep historical track and store the following data:

    • The visits Skinography receives.
    • The number of times the Skinography home and all other sections at Skinography have been viewed.
    • The number of times a user profile, a photo, a video or other contents have been viewed.
    • The computer or the device type, brand and model our users are using to visit Skinography, and other similar information related to those devices like their screen resolution.
    • Other, more technical, information about how our users use Skinography, like the time they stay in each page, the order in which they browse through our site, the average time it takes for them to load Skinography, and similar.

• 9.2. Sharing information

  We do not share any information of our users with anyone. If we ever need to do it (for example, if we were to organise a fashion photography contest that is managed by another company specialised in such events), we would ask each user individually clearly, with an opt-in checkbox you would need to click in order to give us permission.

• 9.3. Who, where and for how long is my information being stored

  • 9.3.1.

    Skinography is a project owned by Lorenzo Herrera, with Identification number 39898734J, and postal address P.O.Box 257, ZIP 43840, Salou (Spain). We’re available at [email protected], but we recommend you to create a support ticket for a faster communication.

  • 9.3.2.

    Skinography stores your information during all the time you keep your account active. When you cancel your account, according to the spanish LOPD law, we’re required to hold your information for at least 2 years. When that happens, your information is completely removed from the internet so it’s not published anywhere, but we keep it in a safe database where it is exclusively available for legal purposes and to public administrations, judges and courts, under a legal request.

  • 9.3.3.

    The statistical information related to your activity at Skinography is not removed from our database, but is dissociated from your identity so we can keep historical information that is helpful to us, but it’s no longer linked to you in any way. For example: We want to know how many people published castings on January 2013, but we won’t be able to know who did it, or the contents of the casting itself, if the user has cancelled his account. I.e: When you cancel your account, we only know that “someone” published “some casting” on January 2013.

  • 9.3.4.

    Our servers are located in Roubaix and Gravelines, two beautiful small towns in France where OVH, our technical partner, has setup secure and powerful data centres. We put all our efforts to store your information in a secure way.

• 9.4. Your rights

  Of course, you have the right to do whatever you need with the information we have of you, here’s the complete list of your rights:

  • 9.4.1. Right to be informed

    Whenever you need, we'll let you know any information at our hand about the data we hold about you, and a list of all the data we're storing about you.

  • 9.4.2. Right of access

    You can access all the information whe store about you, and it’s as simple as logging in to your account at Skinography. Also, of course, It's free.

  • 9.4.3. Right of rectification

    You can change the information we have about your. That might seem obvious, but you already know that you can change your profile, your photos, and anything else via your account menu at Skinography

  • 9.4.4. Right of erasure

    Of course, you can remove any information we have of you. Again, it’s as easy as accessing your account at Skinography. You'll be able to change anything there, or to completely cancel your account if you wish.

  • 9.4.5. Right to restrict processing

    This means you can ask us to stop using your information in any way, but still keeping it in our databases. If you ever need to do that, we have added the option to put your profile in “Invisible mode”, which does precisely that.

  • 9.4.6. Right to data portability

    That means you can ask us to transfer or copy your data to another company when one of our tools requires it in order to get some benefit. For example, imagine we were to offer you a tool that allows you to connect your Facebook account to your Skinography profile. You would have the right to do so, and we would need to ask you for permission. We’ve never done anything like that, but if we ever do, we’ll let you know.

  • 9.4.7. Right to object

    The relevant part of this right for us is that you can request us to stop sending you marketing emails. You can always configure what emails and communications you want to receive from us from the “Notifications” section in your account. Also, we always ask you for permission first whenever we need such things. The other two cases contemplated in the law by this right are much more bizarre and do not apply directly to Skinography (the objection to us using your data for legal purposes if we ever needed to, or for scientific/historical research), but you can also object to them in your “Privacy” settings.

  • 9.4.8. Right not to be subject to automated decision-making, including profiling

    Automated decision-making or profiling refers to what some sites do by taking the information they have about you and trying to guess your tastes, your personal preferences, or even to predict your behaviour in their site in order to, for example, give you specific discounts, or show you banners tailored to you. If we ever need to do something like that, we'll ask for your permission.

  • 9.4.9.

    If you’re having trouble accessing any of your information, if you have any additional question, if you want to cancel your account and can’t find the option to do so, or if you want to change any information we have of you and couldn’t find it in your account at Skinography, let us know via email at [email protected], or even better: create a support ticket

• 9.5. Opting in for this terms

  Prior to May 25th 2018, all Skinography users will be required to review this new privacy terms, which are of required acceptance in order to keep using Skinography. We ask you to read and understand them, we’re available for any question you might have at [email protected] and via our support system

  You will receive an email from us in that regard, and the next time you access your Skinography account you’ll be required to read, understand and accept this terms in order to keep using Skinography, along with some additional opt-in checkboxes that will allow you to tell us how you want us to treat your data in compliance with the GDPR.

10. Applicable law and competent courts