PERSONAL DATA PROCESSING POLICY

1.1. Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (Article 4(1) GDPR).

1.2. Controller / Operator means the fotonapassport organization, which alone or jointly with others determines the purposes and means of the processing of personal data (Article 4(7) GDPR). In this Policy the controller is referred to as the “Operator”.

1.3. User / Data Subject means an individual aged 18 or over who uses the Website and/or the fotonapassport Service.

1.4. Website means the website located on the Internet at https://fotonapassport.ru/.

1.5. fotonapassport Service / Service means the Operator’s software and hardware system intended for the automated preparation of digital images and PDF files for printing ID photos based on photographs uploaded by the User.

1.6. Processing of personal data means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction (Article 4(2) GDPR).

1.7. Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Operator (Article 4(8) GDPR).

1.8. Facial image means a photograph, selfie, image or other visual material uploaded by the User to the Service, as well as images created or modified in the course of providing the service.

1.9. Final Result means a file or set of files generated by the Service after processing the User’s photograph, including a PDF, a JPG and/or a ZIP archive.

1.10. Cookies means small pieces of data that are stored on the User’s device and used for the operation of the Website, analytics, saving settings, authorization and other purposes.

1.11. Third country means a state outside the European Economic Area (EEA). International transfer of personal data means the transfer of personal data to a recipient located in a third country or to an international organisation (Chapter V GDPR).

1.12. Recipient means a natural or legal person, public authority, agency or another body to which the personal data are disclosed, whether a third party or not (Article 4(9) GDPR).

2.1. The controller of personal data (the Operator) is:

Organization:

fotonapassport

Website:

https://fotonapassport.ru/

Email for inquiries regarding personal data:

support@fotonapassport.ru

2.2. The Operator processes Users’ personal data in connection with the provision of the services of the fotonapassport Service, the performance of the public offer, the processing of orders, the acceptance of payment, the provision of the result, User support and compliance with the legal obligations applicable to the Operator.

2.3. The Operator has not appointed a Data Protection Officer, as this is not mandatory for the Operator under Article 37 GDPR. All requests and questions concerning the processing of personal data and the exercise of the User’s rights shall be sent to support@fotonapassport.ru.

3.1. The Operator processes personal data lawfully, fairly and in a transparent manner in relation to the User.

3.2. The processing of personal data is limited to the achievement of specific, predetermined and lawful purposes.

3.3. Processing of personal data that is incompatible with the purposes for which the personal data was collected is not permitted.

3.4. Only personal data that meets the purposes of its processing is processed.

3.5. The content and scope of the personal data processed correspond to the stated purposes of processing.

3.6. The Operator does not process personal data that is excessive in relation to the stated purposes of processing.

3.7. The Operator takes the necessary legal, organizational and technical measures to protect personal data against unlawful or accidental access, destruction, modification, blocking, copying, provision, dissemination and other unlawful actions.

3.8. The Operator ensures the accuracy of personal data to the extent necessary for the purposes of processing.

3.9. Personal data is stored in a form which permits identification of the User for no longer than is necessary for the purposes of processing, unless a longer retention period is required by applicable law (in particular Czech accounting and tax legislation) or is necessary for the establishment, exercise or defence of legal claims.

3.10. The Operator is responsible for, and is able to demonstrate compliance with, the principles set out in this section (Article 5(2) GDPR).

4.1. The Operator processes the personal data of the following categories of data subjects:

4.1.1. Users of the Website;

4.1.2. Users who create an account or personal account;

4.1.3. Users who place an Order;

4.1.4. Users who pay for the services of the Service;

4.1.5. Users who contact support;

4.1.6. Users who have given consent to receive advertising and informational messages.

4.2. The Service is intended only for persons aged 18 or over.

4.3. The Operator does not provide services to minors and does not accept photographs of children and minors for processing.

4.4. The User shall upload only their own photographs. Uploading photographs of third parties, including children and minors, is prohibited.

5.1. Depending on the User’s actions on the Website and in the Service, the Operator may process the following personal data:

5.1.1. phone number, if previously provided by the User;

5.1.2. email address;

5.1.3. photographs uploaded by the User;

5.1.4. images created or modified in the course of processing;

5.1.5. final files, including PDF, JPG and ZIP archives;

5.1.6. order history;

5.1.7. information about the selected plan;

5.1.8. payment information, including the amount, date and status of the payment;

5.1.9. payment identifiers and technical information received from the payment service;

5.1.10. IP address;

5.1.11. User-Agent;

5.1.12. date and time of visits to the Website;

5.1.13. information about actions on the Website and in the personal account;

5.1.14. cookies and other technical identifiers;

5.1.15. information about the User’s consents;

5.1.16. the content of requests to support;

5.1.17. other information that the User independently provides to the Operator when using the Service or contacting support.

5.2. The Operator does not request from the User their first name, patronymic, last name, passport details, registration address, date of birth, information about children, information about health, information about political views, religious beliefs, intimate life or other special categories of personal data.

5.3. The Operator does not request from the User photographs of identity documents.

5.4. The Operator does not use the User’s facial image to establish identity, identify the individual, compare it with databases, verify identity, make legally significant decisions or grant access to rights or to services of third parties.

5.5. The facial image is processed solely for the purposes of preparing ID photos, generating an image on a background that meets the requirements of the selected document, providing the User with the ability to independently fit the image to the face guide/oval and generating the final files.

5.6. A facial image is personal data. The Operator does not process facial images as biometric data for the purpose of uniquely identifying a natural person within the meaning of Article 9 GDPR (Recital 51 GDPR). Facial landmarks (for example, the position of the eyes, chin and top of the head) are determined only in order to crop and position the photograph in accordance with the requirements of the selected document and are not used to identify or authenticate the User.

5.7. The Operator obtains personal data directly from the User, with the exception of technical data collected automatically when the Website is used (clauses 5.1.10–5.1.14) and payment identifiers, payment statuses and other technical information received from payment services (clause 5.1.9).

6.1. The Operator processes Users’ personal data for the following purposes:

6.1.1. ensuring the operation of the Website and the Service;

6.1.2. registration and authorization of the User;

6.1.3. creation (including automatic creation upon payment for the Order) and maintenance of the personal account;

6.1.4. acceptance and processing of Orders;

6.1.5. communication with the User regarding the Order;

6.1.6. uploading and processing of the User’s photographs;

6.1.7. automated and neural network image processing;

6.1.8. preparation of photos on a background that meets the requirements of the selected document;

6.1.9. providing the User with the ability to independently fit the image to the face guide/oval;

6.1.10. generation of PDF files, JPG files and/or ZIP archives;

6.1.11. providing the User with access to the result;

6.1.12. acceptance of payment for services;

6.1.13. generation and sending of a fiscal receipt;

6.1.14. processing of refunds;

6.1.15. consideration of Users’ requests, claims and inquiries;

6.1.16. ensuring the security of the Website and the Service;

6.1.17. prevention of fraud, abuse and violations of the terms of the Service;

6.1.18. keeping records of Users’ consents;

6.1.19. compliance with the legal obligations of the Operator, including accounting and tax obligations;

6.1.20. protection of the rights and legitimate interests of the Operator;

6.1.21. analytics of the Website’s operation and improvement of the quality of the Service;

6.1.22. assessment of the effectiveness of advertising;

6.1.23. sending advertising and informational messages, subject to the User’s separate consent.

6.2. The legal basis for the processing of personal data for each of the purposes listed in clause 6.1 is set out in section 7 of this Policy. The Operator does not process personal data for purposes other than those listed in clause 6.1 without informing the User in advance.

7.1. The Operator processes Users’ personal data on the following legal grounds under Article 6(1) GDPR:

7.1.1. the legitimate interests of the Operator (Article 6(1)(f) GDPR) in measuring, improving and promoting the Service — for the use of analytics cookies (Yandex.Metrica, Webvisor and, on language versions of the Website other than Russian, Google Analytics 4) and marketing cookies (VK Pixel and, on language versions of the Website other than Russian, Google Ads) and for the related transfer of information about a completed payment to Yandex.Metrica and Google described in clause 13.3 (purposes in clauses 6.1.21 and 6.1.22). These cookies are used by default from the User’s first visit until the User refuses them; the User may refuse them and object to this processing at any time, free of charge and with effect for the future (Article 21 GDPR), in the cookie banner (“Customize” → “Necessary only”), via the “Cookie settings” link at the bottom of the Website pages or in the browser settings, without having to state reasons, and refusing them does not limit the use of the Service;

7.1.2. the User’s explicit consent given in the Consent to the Processing of Personal Data and Facial Images (Article 49(1)(a) GDPR) — for the transfer of personal data, including facial images, to third countries described in sections 10 and 20 of this Policy (other than the transfer of data collected through analytics and marketing cookies, clause 20.5), to the extent that the transfer is not based on another safeguard or ground specified in section 20;

7.1.3. the performance of the contract concluded by the User’s acceptance of the public offer (Article 6(1)(b) GDPR) — for the creation and maintenance of the account, the acceptance and processing of Orders, the uploading and processing of photographs, including automated and neural network image generation, cropping and background preparation, the generation and delivery of the final files, the acceptance of payment and the processing of refunds, User support and the sending of service and transactional messages (sign-in links, links to the files, password recovery, reminders that the files of a paid order are waiting to be downloaded) (purposes in clauses 6.1.1–6.1.15);

7.1.4. the taking of steps at the User’s request prior to entering into the contract (Article 6(1)(b) GDPR) — for the processing of photographs and the preparation of preliminary images before the Order is paid for;

7.1.5. compliance with legal obligations to which the Operator is subject (Article 6(1)(c) GDPR) — for keeping accounting and tax records and for responding to requests of public authorities (purpose in clause 6.1.19);

7.1.6. the legitimate interests of the Operator (Article 6(1)(f) GDPR) — for ensuring the security of the Website and the Service, preventing fraud and abuse, limiting the frequency of requests, keeping error logs, keeping the server-side consent log and establishing, exercising or defending legal claims (purposes in clauses 6.1.16–6.1.18 and 6.1.20). The Operator’s legitimate interests are the secure and uninterrupted operation of the Service, protection against abuse and the ability to prove the fulfilment of its obligations and to defend its rights; the Operator has assessed that these interests are not overridden by the interests or fundamental rights and freedoms of the User;

7.1.7. the User’s separate consent to receive advertising and informational messages (Article 6(1)(a) GDPR, in conjunction with § 7 of Czech Act No. 480/2004 Coll., on Certain Information Society Services), if such messages are sent (purpose in clause 6.1.23).

7.2. Where processing is based on consent, the User gives consent by a clear affirmative action expressly provided for by the Website interface, in particular by ticking the relevant box. Placing an Order, uploading photographs, creating an account or paying for the service is not in itself treated as consent where the processing is based on another legal ground specified in clause 7.1.

7.3. The User may withdraw consent at any time, as easily as it was given, in the manner provided for by this Policy. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal (Article 7(3) GDPR).

7.4. The provision of an email address and of photographs is a requirement necessary to enter into and perform the contract: without them the Operator cannot provide the service. The User is under no statutory obligation to provide personal data. Refusing analytics and marketing cookies (clause 7.1.1) and refusing consent to receive advertising and informational messages (clause 7.1.7) do not prevent the use of the Service.

8.1. The Operator may perform the following actions with personal data:

8.1.1. collection;

8.1.2. recording;

8.1.3. systematization;

8.1.4. accumulation;

8.1.5. storage;

8.1.6. clarification;

8.1.7. updating;

8.1.8. modification;

8.1.9. retrieval;

8.1.10. use;

8.1.11. transfer;

8.1.12. provision;

8.1.13. access;

8.1.14. depersonalization;

8.1.15. blocking;

8.1.16. deletion;

8.1.17. destruction.

8.2. Personal data may be processed both with and without the use of automation tools.

8.3. The main data processing in the Service is carried out by automated means.

8.4. The Operator does not carry out automated decision-making, including profiling, which produces legal effects concerning the User or similarly significantly affects the User within the meaning of Article 22 GDPR. Automated processing in the Service is used only to prepare the image and the final files ordered by the User.

9.1. To provide the service, the Operator processes the User’s photographs and images.

9.2. Image processing may include:

9.2.1. uploading a photograph;

9.2.2. storing a photograph for the established period;

9.2.3. automated image processing;

9.2.4. neural network image processing;

9.2.5. generating an image on a background that meets the requirements of the selected document;

9.2.6. improving image quality;

9.2.7. preparing an image for independent fitting by the User;

9.2.8. generating a PDF, a JPG and/or a ZIP archive;

9.2.9. providing the result to the User;

9.2.10. deleting the image upon expiry of the retention period.

9.3. The Operator may use third-party automated and neural network image processing services, including those located outside the European Economic Area (EEA), in particular in the USA. Such services include Kie.ai, OpenAI API, Higgsfield / Higgsfield CLI and OpenRouter platform, if the relevant provider is enabled in the technical environment of the Service.

9.4. Only the User’s image, the technical processing request, the generation parameters and the technical request metadata necessary to perform the processing are transferred to external services for processing, without the User’s phone number, email address, payment data or other contact details.

9.5. The Operator does not transfer the User’s phone number, email, payment data or other contact details to third-party image processing services, unless this is required for the provision of the relevant service and is provided for by the User’s separate consent.

9.6. The Operator takes reasonable measures to minimize the scope of data transferred to third parties and does not transfer to external AI providers information about the plan, payment, order history, correspondence with support or the User’s full profile.

9.7. The User understands that automated and neural network image processing may affect the appearance of the result, including the background, lighting, quality, color rendering, sharpness and other image parameters.

9.8. Background removal (silhouette extraction) is performed on the Operator’s own infrastructure, located in the Russian Federation (see section 20), without transferring the image to external services.

10.1. In connection with the use of Kie.ai, OpenAI API, Higgsfield / Higgsfield CLI, OpenRouter platform and other third-party automated and neural network image processing services, the Operator may transfer personal data to recipients located in third countries outside the EEA, including the USA.

10.2. Such a transfer may be carried out solely for the purpose of providing the service to the User, namely for processing the image, preparing the result and ensuring the operation of the Service.

10.3. In the course of such a transfer, only the User’s image, the technical processing request, the generation parameters and the technical request metadata are transferred to external image processing services, without the phone number, email address, payment data or other contact details.

10.4. The Operator does not transfer personal data to third countries for the purposes of selling data, transferring it to advertising partners, making it publicly available or using Users’ images in public materials.

10.5. Transfers to image processing services are carried out on the basis of the Standard Contractual Clauses adopted by the European Commission (Article 46(2)(c) GDPR), where such clauses have been concluded with the relevant recipient; otherwise, the transfer is necessary for the performance of the contract between the User and the Operator (Article 49(1)(b) GDPR) and/or is based on the User’s explicit consent given after having been informed of the possible risks of such a transfer (Article 49(1)(a) GDPR). Further information on the location of processing, the safeguards and the risks of transfers is set out in section 20 of this Policy.

10.6. By giving the Consent to the Processing of Personal Data and Facial Images, the User explicitly consents to the transfer of the image to third countries for the purpose of providing the service and confirms that the User has been informed of the possible risks of such a transfer described in clause 20.7 of this Policy.

10.7. If the User does not agree with a possible transfer of the image to third countries, the User shall refrain from using the Service and uploading photographs.

11.1. The Operator may entrust the processing of personal data to processors only on the basis of a contract meeting the requirements of Article 28(3) GDPR, which obliges the processor to process personal data only on the documented instructions of the Operator, to ensure confidentiality and security of the data and to engage sub-processors only with the Operator’s authorisation.

11.2. Third parties that may participate in the processing of personal data include:

11.2.1. hosting providers;

11.2.2. server infrastructure providers;

11.2.3. payment services and aggregators;

11.2.4. fiscal data operators and online cash register services;

11.2.5. authorization and messaging services;

11.2.6. automated and neural network image processing services;

11.2.7. analytics services;

11.2.8. advertising and analytics platforms;

11.2.9. technical contractors involved in the support and development of the Service;

11.2.10. other persons, if their participation is necessary for the provision of the service, compliance with the law or protection of the Operator’s rights.

11.3. The Operator uses the Platega and UnitPay payment services (Russian bank cards and SBP) and the Norelio payment service (foreign bank cards) to accept and process payments.

11.4. The Operator may use Kie.ai, OpenAI API, Higgsfield / Higgsfield CLI and OpenRouter platform for automated and neural network image processing for the purpose of providing the service.

11.5. The Operator may use the Yandex.Metrica, Webvisor and VK Pixel services and, on language versions of the Website other than Russian, Google Analytics 4 and Google Ads (the Google tag) for analytics of the Website’s operation, assessment of the effectiveness of advertising and improvement of the Service, unless the User has refused the use of the relevant categories of cookies.

11.6. Persons processing personal data on behalf of the Operator shall maintain the confidentiality of personal data and ensure its protection.

11.7. Personal data may be transferred to public authorities, courts, law enforcement agencies, tax authorities and other authorized persons where the Operator is obliged to do so by applicable law or where this is necessary for the establishment, exercise or defence of legal claims.

11.8. The current list of the specific recipients of personal data is set out in the Register of Processors and Recipients of Personal Data published on the Website.

12.1. Payment for the services of the Service is made using the Platega payment service (platega.io) or, if it is unavailable, the UnitPay payment service by bank card, via the Faster Payments System (SBP) and/or by other payment methods available on the Website. Payment by foreign bank card is made via the Norelio payment service on its payment page; in this case, Norelio receives the buyer’s email address, the payment amount and the order number for the purpose of accepting payment, and the transfer of these data to a third country is possible (see section 20).

12.2. The Operator does not store Users’ full bank card data, including the full card number, expiration date, CVV/CVC code or other data that would allow a payment to be made independently.

12.3. Payment data is processed by the payment service and other settlement participants in accordance with their rules and the requirements of the law.

12.4. The Operator may receive and store information necessary for recording payment, performing the agreement and processing refunds, including:

12.4.1. the date and time of the payment;

12.4.2. the payment amount;

12.4.3. the payment status;

12.4.4. the payment identifier;

12.4.5. the selected plan;

12.4.6. information about the refund, if one was made.

12.5. Information about payments and orders may be stored by the Operator for the periods necessary to comply with Czech accounting and tax legislation and other applicable law, keep records, consider claims and protect the Operator’s rights.

13.1. The Website uses cookies and similar technologies.

13.2. Cookies may be used for the following purposes:

13.2.1. ensuring the operation of the Website;

13.2.2. authorization of the User;

13.2.3. saving settings;

13.2.4. ensuring security;

13.2.5. traffic analytics;

13.2.6. improving the quality of the Service;

13.2.7. assessing the effectiveness of advertising;

13.2.8. personalization of the interface and advertising messages, where applicable.

13.3. The Website may use Yandex.Metrica and Webvisor (unless the User has refused analytics cookies) and VK Pixel (unless the User has refused marketing cookies). Unless the User has refused analytics and marketing cookies, the Operator may transfer from its server to Yandex.Metrica information about a completed payment (the order number, amount, payment time, advertising click identifier and Yandex.Metrica visitor identifier) in order to assess the effectiveness of advertising; the User’s name, email address, phone number and photos are not transferred in this case. On language versions of the Website other than Russian, the Website may also use Google Analytics 4 and Google Ads through the Google tag (gtag.js) with Google Consent Mode (version 2): if the User has made a choice, the tag follows it; if the User has not made a choice and appears to be located in the EU/EEA, the United Kingdom or Switzerland, all Google storage is “denied” and the tag sends only cookieless signals; elsewhere, Google storage is “granted” by default until the User refuses. For payments in a currency other than the Russian rouble made on such language versions, the Google tag and the Operator’s server may transfer to Google information about the completed payment (the payment identifier, amount, currency, payment time and the Google advertising click identifier); the server-side transfer is not made if the User has refused marketing cookies and, for Users in the EU/EEA, the United Kingdom or Switzerland, is made only if the User has accepted marketing cookies. The User’s name, email address, phone number and photos are not transferred to Google. Details are set out in the Cookie Policy.

13.4. The User is notified of the use of cookies via the cookie banner on the Website. Analytics and marketing cookies are used by default from the User’s first visit until the User refuses them; the User may at any time refuse non-essential cookies or change their choice in the cookie banner (“Customize” → “Necessary only” or by turning off individual categories) or via the “Cookie settings” link at the bottom of the Website pages. The User’s saved choice always takes precedence and applies for the future.

13.5. The User may restrict or disable the use of cookies in the browser settings.

13.6. Disabling cookies may cause certain functions of the Website, the personal account, authorization, placing an Order and payment to work incorrectly.

13.7. The detailed procedure for using cookies is determined by the Cookie Policy posted on the Website.

13.8. Information about the User’s choice of cookie settings may be recorded in a server-side consent log, including the selected cookie categories, the date and time of the choice, the IP address, the User-Agent, the page address, the referral source, and an anonymous or session identifier. Such a log is kept to confirm the User’s choice, including a refusal, and that it is respected, to ensure security and to protect the Operator’s rights.

13.9. Necessary cookies are used without consent, as they are strictly necessary for the provision of the service expressly requested by the User (§ 89(3) of Czech Act No. 127/2005 Coll., on Electronic Communications), and the related processing is based on Article 6(1)(b) and (f) GDPR. Analytics and marketing cookies are used by default, and the related processing is based on the Operator’s legitimate interest in measuring, improving and promoting the Service (Article 6(1)(f) GDPR); the User may refuse them and object to this processing at any time, with effect for the future (Article 21 GDPR), in the cookie banner or via the “Cookie settings” link at the bottom of the Website pages. The server-side consent log referred to in clause 13.8 is kept on the basis of the Operator’s legitimate interest in being able to demonstrate the User’s choice (Article 6(1)(f) GDPR).

14.1. The Operator may send the User service and transactional messages necessary for the operation of the Service and the performance of the agreement, including:

14.1.1. links to sign in to the personal account and to recover the password;

14.1.2. messages about the status of the Order;

14.1.3. notifications that the result is ready;

14.1.4. links to download the result;

14.1.5. support messages;

14.1.6. notifications of payment and refund;

14.1.7. other messages necessary for the provision of the service.

14.2. Service and transactional messages are not advertising messages and are sent for the purpose of performing the agreement and ensuring the operation of the Service.

14.3. Advertising and marketing messages, including repeat offers, promotions, discounts, promo codes and special offers, are sent to the User only if the User has given separate consent, in accordance with § 7 of Czech Act No. 480/2004 Coll., on Certain Information Society Services.

14.4. Advertising messages may be sent by email, SMS, phone, Telegram and other communication channels specified in the User’s consent.

14.5. The User may at any time, free of charge, object to the processing of personal data for direct marketing purposes and opt out of receiving advertising messages via the unsubscribe link, the mailing settings, a request to support or any other method specified in the message (Article 21(2) and (3) GDPR).

14.6. Opting out of advertising messages does not affect the receipt of service and transactional messages necessary for the provision of the service.

15.1. Personal data retention periods are determined by the purposes of processing, the requirements of applicable law (in particular Czech accounting and tax legislation), the terms of the public offer and the User’s consents.

15.2. Source photographs, generated image variants, preliminary images, intermediate processed images, temporary files and cached copies — for both unpaid and paid requests — are stored for no more than 90 calendar days: for an unpaid request, from the moment of its creation; for a paid request, from the moment of payment. Upon expiry of this period, an unpaid request is deleted in full. If by that time the final files for a paid request have not yet been generated, the said data are stored until they are generated, but no longer than the period established by clause 15.3 of this Policy.

15.3. Final JPG/PDF/ZIP files of a paid order and the download links associated with them are stored for 12 months from the moment of payment (if an additional payment was made for the order, from the moment of the last payment), unless a longer period is required by applicable law, accounting, the consideration of claims or the protection of the Operator’s rights. Upon expiry of this period, the paid request is deleted in full.

15.4. Upon expiry of the relevant retention period, photographs, preliminary images, generated images, temporary files, download links, EXIF data and cached copies are deleted irretrievably.

15.5. The User may delete photographs, all profile data or the account before the specified periods expire via the personal account or by contacting the Operator.

15.6. The User shall independently download and save the Final Result within the file retention period.

15.7. If the User has not downloaded the result within the retention period and the files have been deleted, the Operator is not obliged to restore such files.

15.8. The User’s account data is stored until the User deletes the account via the personal account or by contacting support, or until the account is terminated on other grounds.

15.9. Order history, payment information, cash register and accounting information, information about consents, the User’s requests and other legally significant data may be stored for the periods necessary to comply with Czech accounting and tax legislation and other applicable law, consider claims, protect the Operator’s rights and confirm the fact that the service was provided.

15.10. Personal data processed for advertising messages is stored until the User withdraws consent to receive advertising and informational messages or until the Operator discontinues the relevant mailing.

15.11. Upon achievement of the purposes of processing, personal data is subject to erasure or anonymisation, unless further storage is required by applicable law or is necessary for the establishment, exercise or defence of legal claims.

16.1. The User may submit a request to the Operator to delete the account, delete personal data or withdraw consent to the processing of personal data.

16.2. The request is sent to the email address support@fotonapassport.ru, via the personal account, support on the Website or the feedback widget, if such functionality is available.

16.3. In the request, the User must specify the contact details used during registration or when placing the Order, as well as the substance of the request.

16.4. After receiving the request, the Operator may request additional information necessary to confirm that the account or data belongs to the person making the request.

16.5. When an account is deleted, the Operator deletes photographs, preliminary images, generated images, temporary files, download links, EXIF data, cached copies and session data, if they have not been deleted earlier.

16.6. After the account has been deleted, the Operator may continue to store certain data if such storage is necessary for:

16.6.1. compliance with a legal obligation to which the Operator is subject (Article 17(3)(b) GDPR);

16.6.2. maintaining accounting, tax or cash register records;

16.6.3. confirming the fact that the service was provided;

16.6.4. considering claims and disputes, including the establishment, exercise or defence of legal claims (Article 17(3)(e) GDPR);

16.6.5. protecting the rights and legitimate interests of the Operator;

16.6.6. fulfilling obligations to government authorities.

16.7. After the account has been deleted, the Operator may store minimal technical data for the purpose of preventing abuse, fraud and repeated registration of violators, including a salted hash of the phone number and a salted hash of the email, on the basis of the Operator’s legitimate interest in preventing abuse (Article 6(1)(f) GDPR). Such data is not used to restore deleted photographs or generation history.

16.8. Withdrawal of consent to the processing of personal data may make it impossible to continue using the Service, to provide the service, to access the account or to receive the result.

16.9. If the User withdraws consent before the provision of the service has been completed, the Operator may stop providing the service if further provision is impossible without processing personal data.

17.1. Under Articles 15–22 GDPR, the User has the right to:

17.1.1. obtain confirmation as to whether personal data concerning them are being processed, access to such personal data and information about their processing, and a copy of the personal data (right of access, Article 15 GDPR);

17.1.2. obtain the rectification of inaccurate or incomplete personal data (Article 16 GDPR) and the erasure of personal data, in particular where they are no longer necessary for the purposes of processing, consent has been withdrawn or the data have been processed unlawfully (right to erasure, Article 17 GDPR);

17.1.3. withdraw consent to the processing of personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal (Article 7(3) GDPR);

17.1.4. withdraw consent to receive advertising and informational messages and object at any time to the processing of personal data for direct marketing purposes, in which case the personal data will no longer be processed for such purposes (Article 21(2) and (3) GDPR);

17.1.5. obtain the restriction of processing in the cases provided for by Article 18 GDPR, and object, on grounds relating to their particular situation, to processing based on the legitimate interests of the Operator (Article 21(1) GDPR); in that case the Operator shall no longer process the personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the User, or for the establishment, exercise or defence of legal claims;

17.1.6. lodge a complaint with a supervisory authority (Article 77 GDPR), in particular with the Office for Personal Data Protection (Úřad pro ochranu osobních údajů), Pplk. Sochora 27, 170 00 Praha 7, Czech Republic, www.uoou.cz, or with the supervisory authority of the EU/EEA member state of the User’s habitual residence, place of work or place of the alleged infringement, as well as to an effective judicial remedy (Article 79 GDPR);

17.1.7. receive the personal data which the User has provided to the Operator and which are processed by automated means on the basis of consent or of the contract in a structured, commonly used and machine-readable format, and transmit those data to another controller (right to data portability, Article 20 GDPR);

17.1.8. not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the User or similarly significantly affects the User (Article 22 GDPR); the Operator does not make such decisions (clause 8.4).

17.2. To exercise their rights, the User may send a request to support@fotonapassport.ru.

17.3. The Operator responds to Users’ requests without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests; the Operator shall inform the User of any such extension, together with the reasons for the delay, within one month of receipt of the request (Article 12(3) GDPR). Information and actions taken on requests are provided free of charge; where requests are manifestly unfounded or excessive, in particular because of their repetitive character, the Operator may charge a reasonable fee or refuse to act on the request (Article 12(5) GDPR).

18.1. The User shall provide accurate data.

18.2. The User shall upload only their own photographs.

18.3. The User is prohibited from uploading photographs of children, minors or third parties, as well as photographs obtained unlawfully.

18.4. The User shall not use the Service to violate the rights of third parties or applicable law.

18.5. The User shall independently ensure access to the email address used for authorization and for receiving the sign-in link, the fiscal receipt and the result.

18.6. The User is responsible for the consequences of providing inaccurate data, uploading other persons’ photographs or violating this Policy, the public offer and applicable law.

19.1. The Operator takes appropriate technical and organisational measures to ensure a level of security of personal data appropriate to the risk (Article 32 GDPR).

19.2. Such measures may include:

19.2.1. designation of a person within the Operator responsible for personal data protection matters (the Operator has not appointed a Data Protection Officer, see clause 2.3);

19.2.2. restriction of access to personal data;

19.2.3. use of authorization and authentication tools;

19.2.4. differentiation of access rights;

19.2.5. recording of actions performed with personal data;

19.2.6. protection of the server infrastructure;

19.2.7. use of a secure connection when transmitting data;

19.2.8. backup, where applicable;

19.2.9. control of access to administrative sections;

19.2.10. deletion of files upon expiry of the established retention period;

19.2.11. minimization of the scope of data transferred to third parties;

19.2.12. other measures necessary to protect personal data.

19.3. The Operator takes measures to restrict access to photographs and processing results only to those persons and services for which such access is necessary for the provision of the service, technical support, compliance with the law or protection of the Operator’s rights.

19.4. The Operator does not make Users’ photographs publicly available and does not use them in advertising materials, portfolios, case studies, social networks or public publications without the User’s separate consent.

20.1. Personal data of Users are processed not only in the European Economic Area but also in third countries. Such processing involves the transfer of personal data to third countries within the meaning of Chapter V GDPR.

20.2. The main infrastructure of the Service, including hosting, the database, file storage and the Operator’s own background-removal service, is located in the territory of the Russian Federation. The Russian Federation is a third country for which the European Commission has not adopted an adequacy decision under Article 45 GDPR.

20.3. The Operator uses the hosting provider Beget in the territory of the Russian Federation.

20.4. Kie.ai, OpenAI API, Higgsfield / Higgsfield CLI, OpenRouter platform and other third-party automated and neural network image processing services may process images outside the EEA, including in the USA. Only the User’s image, the technical processing request, the generation parameters and the technical request metadata are transferred to them, without the User’s email address, payment data or contact details (section 10).

20.5. Payment services (Platega and UnitPay, Russian payment services, and Norelio) and analytics and advertising services (Yandex.Metrica, Webvisor and VK Pixel — in the Russian Federation; Google Analytics 4 and Google Ads — outside the EEA, including in the USA) may process the data transferred to them in accordance with sections 12 and 13 of this Policy outside the EEA. The transfer of data collected through analytics and marketing cookies is not based on the User’s consent: Standard Contractual Clauses apply only where they have been concluded with the relevant provider, and the Operator does not claim that such clauses or other appropriate safeguards are in place for these transfers. A User who does not wish such data to be transferred may refuse analytics and marketing cookies as described in section 13.

20.6. Except as stated in clause 20.5 for data collected through analytics and marketing cookies, transfers of personal data to third countries are carried out on the basis of the Standard Contractual Clauses adopted by the European Commission (Article 46(2)(c) GDPR), where such clauses have been concluded with the relevant recipient. Otherwise, the transfer is carried out because it is necessary for the performance of the contract between the User and the Operator (Article 49(1)(b) GDPR) and/or on the basis of the User’s explicit consent given after having been informed of the possible risks of such a transfer (Article 49(1)(a) GDPR), which is recorded in the Consent to the Processing of Personal Data and Facial Images. The User may request information on the safeguards applied to a particular transfer at support@fotonapassport.ru.

20.7. The User is informed that, in third countries for which no adequacy decision has been adopted and no appropriate safeguards are in place, the level of personal data protection may not be equivalent to that in the EU/EEA, public authorities of those countries may have access to personal data under local law, and the exercise and enforcement of the User’s rights may be more difficult.

20.8. If the User does not agree with the transfer of personal data to third countries described in this section, the User shall refrain from using the Service and uploading photographs.

21.1. This Policy applies to the processing of personal data of all Users, regardless of the country in which they are located.

21.2. The Operator is established in the Czech Republic. The processing of personal data under this Policy is governed by the GDPR, Czech Act No. 110/2019 Coll., on Personal Data Processing, and, as regards cookies and similar technologies and advertising messages, by § 89(3) of Czech Act No. 127/2005 Coll., on Electronic Communications, and § 7 of Czech Act No. 480/2004 Coll., on Certain Information Society Services.

21.3. This Policy does not limit any rights that the User may have under mandatory provisions of the data protection law applicable to the User.

21.4. This Policy is governed by the law of the European Union and the law of the Czech Republic.

22.1. The Operator maintains records of processing activities in accordance with Article 30 GDPR. A description of the main processing activities is set out in the Register of Personal Data Processing Activities published on the Website.

22.2. In the event of a personal data breach, the Operator notifies the Office for Personal Data Protection (Úřad pro ochranu osobních údajů) without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons (Article 33 GDPR). Where the breach is likely to result in a high risk to the rights and freedoms of Users, the Operator informs the affected Users without undue delay (Article 34 GDPR). The Operator documents every personal data breach, including its facts, effects and the remedial action taken (Article 33(5) GDPR).

23.1. The Operator and other persons who have gained access to personal data shall not disclose personal data to third parties or disseminate it without the User’s consent or another legal basis under the GDPR, unless otherwise required by applicable law.

23.2. The Operator does not sell Users’ personal data to third parties.

23.3. The Operator does not transfer Users’ photographs to advertising partners for their own use.

23.4. The Operator does not use Users’ photographs for publishing reviews, showcasing examples, creating portfolios, advertising materials or social media content without the User’s separate consent.

24.1. The User may send a request regarding the processing of personal data to: support@fotonapassport.ru.

24.2. The request must contain information allowing the User and the User’s account or Order to be identified, as well as a description of the substance of the request.

24.3. The Operator may request additional information to confirm that the data belongs to the person making the request.

24.4. The Operator considers requests within the periods specified in clause 17.3 of this Policy (Article 12(3) GDPR).

24.5. The response is sent to the User to the email address or via another communication channel used for the request, unless another method of response has been agreed with the User.

25.1. The Operator may unilaterally amend this Policy.

25.2. The new version of the Policy enters into force from the moment of its publication on the Website, unless a different date is specified in the new version of the Policy.

25.3. The User shall independently monitor changes to this Policy.

25.4. Continued use of the Website or the Service after the publication of a new version of the Policy means the User’s agreement with the new version of the Policy.

25.5. If the User does not agree with the new version of the Policy, the User shall stop using the Website and the Service.

Organization:

fotonapassport

Website:

https://fotonapassport.ru/

Email:

support@fotonapassport.ru