FUJIFILM XApp PRIVACY POLICY

Our Commitment to Privacy

FUJIFILM cares about your privacy. This Privacy Policy applies to FUJIFILM Corporation (“FUJIFILM” or “we”) and the global group of companies headed by FUJIFILM Holdings Corporation (the “FUJIFILM Group”).

This Privacy Policy describes our privacy practices only in relation to the use of our FUJIFILM XApp (our “App”) and will help you better understand our privacy practices and the choices you can make about the way your personal data is collected and used.

Through our App, you may be able to link to sites or applications maintained by other companies within the FUJIFILM Group, as well as unaffiliated third-party sites. As more fully described below, each of these sites may be governed by a different privacy policy or statement. We suggest you check the privacy link typically located in the footer of each web page to access and review the applicable privacy policy or statement. Since privacy policies or statements may change periodically, we also suggest that you occasionally re-visit them.

Please read this Privacy Policy carefully and contact us at InfoSec-NA@fujifilm.com if you have any questions about our privacy practices, your personal data, rights, or choices.

This Privacy Policy is effective as of April 11, 2024.

California residents can click here for further information about how we collect and process their personal data.

The Personal Data We Collect

The information we collect from visitors to our App helps us improve our App and provide better service to you. We collect, use, disclose, transfer, and store personal data when needed to provide our services and for our operational and business purposes as described in this Privacy Policy. You may also choose to provide us with what may be considered sensitive personal data (collectively, “sensitive personal data”) such as your precise geolocation. Depending on where you live, we may need to collect consent prior to our collection of your sensitive personal data.

The personal data we collect falls into two broad categories: (1) personal data you voluntarily provide to us; and (2) personal data that is automatically collected.

Personal Data You Provide

We collect personal data in order to provide a service or carry out a transaction requested by you. For example, we may collect certain contact information (i.e., name, email address, and phone number) if you make an inquiry related to our App. We may also ask for feedback relating to our App.

In addition, we may also collect personal data when you upload content, including thumbnail versions of photos and images, which may include personal data containing your, or others’, likeness, camera operation history such as last downloaded image, anonymized IP addresses, and geotagging information. However, any photo or image data will only be collected and processed within your digital camera product, our App, and your device. Photos and images are retained by FUJIFILM to fulfill services requested by you and then promptly deleted. By default, the collection of this data, including geotagging information, is turned off but can be turned on if you so choose. When you upload content, we also collect operation history, which are logs related to your interaction with our App or related devices. By default, the collection of this log information is turned off but can be turned on at any time if you so choose. We do not sell this personal data for any purpose.

Personal Data Collected Automatically

Network Services. The App may allow you to record and view the shooting activity information using your FUJIFILM digital camera product. That information may include geolocation data such as IP address-based geolocation. The geotagging data allows you to see where your images have been taken. The App contains a feature to allow you to determine whether this information will be accessible through the App, and through the Network Services which connect the App and your FUJIFILM digital camera product.

Google Services. We may use Google Analytics to collect and process information about your use of our App, including app operation history such as last image edited. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our App. Additionally, Google Maps is incorporated into our App in order to provide certain location services and features. Google Maps may use cookies to collect your IP address and geolocation information.
To learn more about how Google uses data, visit Google’s Privacy Policy and Google’s page on “How Google uses data when you use our partners’ sites or apps.” By using the App, you consent to the collection, use and disclosure of your personal information in accordance with Google’s privacy policies and terms. Google Analytics is governed by its own privacy policies and terms that own and operate Google Analytics and not by this Policy. We encourage you to review those policies and terms.

PostHog. The App also uses analytics tools provided by PostHog. PostHog collects certain information related to your device, operating system, interactions with the App, camera operation, and any errors related to using the App. This information is collected in order to assist us in providing the App, for improving and developing the App, and creating statistical information for research and marketing purposes. For more information on PostHog, please visit its Privacy Policy.

Third Party Account Providers. We will use the User ID(s) linked to third party accounts that you have created in connection with products and services provided by such third parties, including Facebook, Google, and Apple (collectively, “Third Party Account Providers”) whenever you sign into the App’s Network Services. The User ID(s) are collected by each Third Party Account Provider in accordance with the respective privacy policies of these Third Party Account Providers, and are provided to FUJIFILM as an anonymized token ID for authentication purposes. For clarity, we will not access or collect any other information related to third party accounts that you have created with Third Party Account Providers, other than an anonymized token ID, which is provided to FUJIFILM by the Third Party Account Providers in accordance with their own respective privacy policies. The anonymized token ID, whether alone or in combination with any other information, does not allow for FUJIFILM to personally identify you. We will never access or collect any other information from your accounts with such third party platforms, and we will not share any of your personal data with any Third Party Account Provider.

How We Use Your Personal Data

We will obtain your consent to collect, use or disclose personal data where we are required by law to do so.

We use and process personal data for these service- and business-related purposes:

To address any comments, requests, inquiries, and suggestions you submit to us.
To monitor your compliance with any of your agreements with us.
To send you technical notices, updates, security alerts, and support any administrative messages.
To identify, fix, and troubleshoot bugs and service errors.
Operation of our App: We use your personal data to operate our App and perform our services via our App on your behalf.
Legal obligations: We may be required to use and retain personal data for legal and compliance reasons, such as the prevention, detection, or investigation of a crime; loss prevention; or to combat fraud. We may also use personal data to meet our internal and external audit requirements, information security purposes, and as we otherwise believe to be necessary or appropriate: (a) under applicable law, which may include laws outside your jurisdiction of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (c) to enforce terms and conditions; and (d) to protect our rights, privacy, safety, or property, or those of other persons.

When We Share Personal Data

FUJIFILM will not disclose personal data to any third party or use it for an undisclosed purpose except as otherwise noted at the point it is collected and where necessary to provide services or conduct our business operations or as otherwise permitted by applicable law, as further described below.

Within FUJIFILM and the FUJIFILM Group: FUJIFILM is comprised of a global operation with offices and locations around the world. They are supported by a variety of global teams and functions situated in other organizations within the FUJIFILM Group. Personal data may be shared with FUJIFILM and with the FUJIFILM Group if needed to provide services, operate our App, for customer and technical support, and to promise business and product development.
With third-party service providers. We may share your personal data with our third-party service providers who perform services on our behalf. Our third-party service providers are not permitted to share or use personal data we make available to them for any purpose other than to fulfill their obligations to FUJIFILM.
With third parties for legal reasons. We will share personal data when we believe we are legally required to, such as:
- Under applicable law or by legal process such as a court order.
- To prevent physical harm or property damage, and to protect our rights, users, systems and services.
- As part of an investigation of suspected or actual unlawful conduct.
- To comply with and respond to requests from government agencies, including law enforcement and other public authorities, which may include such authorities outside your country of residence.
- In the event of a merger, sale, restructure, acquisition, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
Links to Third-Party Sites. Our App may contain links to third-party sites that are not under the control of or maintained by FUJIFILM. While we try to only link to sites that share our privacy and standards concerns, we do not control and we are not responsible for the content, security, privacy policies or the operation of third-party sites, or for any purchases or promotions offered via those sites. You must deal with the third-party operators of such sites if any issues arise. As mentioned above, when visiting any site we suggest that you routinely review the applicable privacy policy or statement and other posted terms and conditions to understand your rights and options.

Except as otherwise notified in this Privacy Policy, your personal data will not be shared outside of the FUJIFILM Group, unless FUJIFILM is expressly authorized to do so under applicable law.

Some of our service providers are located in other countries. Accordingly, we may transfer your ‎personal information across national, state, and provincial borders to fulfil any of the ‎above purposes. Doing so may ‎make that information subject ‎to applicable disclosure laws in those other jurisdictions. You may contact our ‎Privacy Officer to obtain ‎information about our policies ‎and practices regarding our transfer of personal information outside of your jurisdiction, or to ask questions ‎about the collection, use, disclosure or storage of personal information by ‎us or our foreign service ‎providers.

How We Secure Personal Data

FUJIFILM takes the security of personal data it collects and retains seriously. We are committed to safeguarding it and protecting against unauthorized access to, or use of, our information assets and any other anticipated threats or hazards to the security and integrity of such assets. Measures we take to safeguard personal data include appropriate policies and procedures to address risk management, appropriate restrictions on access to personal data; monitoring and physical measures for the secure storage and transfer of personal data; training for employees and contractors with access to personal data; and vendor risk management requiring contractual obligations to protect any personal data with which they are entrusted in accordance with our security policies and procedures.

How Long We Keep Personal Data

FUJIFILM has policies and procedures relating to the retention of personal data based upon a classification scheme consisting of business functions and process areas, and the classification and types of data and records. We retain personal data for as long as we reasonably require it for business and legal purposes. In determining data retention periods, FUJIFILM considers contractual and legal obligations, and the expectations and requirements of customers, vendors, suppliers and others who share their personal data with us. When we no longer need personal data, we securely delete or destroy it.

Your Rights

Depending on where you live, you may have the following rights with respect to your personal data:

Access
Data Portability
Erasure
Correction
Opt Out of Sales of personal data

For a broader description of these rights, please see the applicable chart in the California Consumers section of this Privacy Policy, and the section for Canadian consumers below.

Children’s Personal Data

Our App is intended for general audiences and as such do not intentionally solicit or knowingly collect, use, or disclose personal data from children under the age of 16. If we learn that we have collected personal data from a child under the age of 16 not in accordance with applicable law, we will promptly take steps to delete that personal data. If you are a parent or legal guardian and think your minor child has given us their personal data, you can contact us at InfoSec-NA@fujifilm.com.

Special Notice for California Residents

This section supplements the information above and applies solely to California residents whose Personal Information is subject to California Consumer Privacy Act, as amended by the California Privacy Rights Act and its regulations (“CCPA”). Subject to certain exceptions, the CCPA provides California residents the right to access and control their “Personal Information,” which is defined by the CCPA as information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer.

California Resident Personal Information collected by FUJIFILM

During the last twelve (12) months, FUJIFILM collected the following categories of Personal Information from California consumers:

Internet or other similar network activity: such as App screen history and type, operating system, mobile device type, traffic to and from our App, and Activity Records.
Geolocation data, such as IP address-based geolocation.
Visual Electronic Information: such as thumbnail images to be representative of a day’s photography activities.
Sensitive Personal Information, including precise geolocation.

FUJIFILM collects the categories of Personal Information listed above from the following categories of sources:

Directly from customers, such as Activity Records submitted on our App.
Third-Party Business Partners, such as service providers.

FUJIFILM collects the categories of Personal Information listed above for the following business and/or commercial purposes:

Provide requested services, such as operating our App and responding to inquiries.
Enhancing algorithms and analytics to improve our products and services, provide personalized product recommendations, and enhance your user experience.
Monitoring and maintaining the security and functionality of FUJIFILM systems.
For compliance and legal obligations, and to exercise our legal rights.

During the last 12 months, FUJIFILM has disclosed the categories of Personal Information listed above in accordance with the following:

Categories of Third Parties to Which We Disclose Personal Information for a Business or Commercial Purpose: FUJIFILM Group; Third-Party Service Providers
Categories of Third Parties to Which We May Sell or Share Personal Information: We do not sell or share Personal Information.

As mentioned above in this Privacy Policy, FUJIFILM has policies and procedures relating to the retention of personal data based upon a classification scheme consisting of business functions and process areas, and the classification and types of data and records. We retain personal data for as long as we reasonably require it for business and legal purposes. In determining data retention periods, FUJIFILM considers contractual and legal obligations, and the expectations and requirements of customers, vendors, suppliers and others who share their personal data with us. When we no longer need personal data, we securely delete or destroy it.

FUJIFILM will not collect additional categories of Personal Information or use the Personal Information collected for materially different, unrelated, or incompatible purposes without providing notice to the California consumer, unless required or permitted by applicable laws.

FUJIFILM also does not knowingly sell or share Personal Information of consumers under the age of 16.

California Residents’ Rights and Choices

Subject to certain exceptions, the CCPA provides California consumers with specific rights regarding their Personal Information. This section describes California consumers’ rights and explains how to exercise them.

Access. California consumers may have the right to request certain information be disclosed to them about FUJIFILM’s collection, use, disclosure and sale of their Personal Information over the preceding twelve (12) months, subject to certain exceptions.
Deletion. The CCPA provides California consumers the right to request deletion of their Personal Information. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required or permitted to retain your Personal Information for one or more of the following categories of purposes: (1) to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law (including free speech rights); or (4) to otherwise use your Personal Information internally, in a lawful manner that is compatible with the context in which you provided it.
Portable Data. California consumers may have the right to obtain their Personal Information in a portable and, to the extent technically feasible, readily usable format that allows them to transmit the data to another entity without hindrance.
Correct. California consumers may have the right to notify FUJIFILM through the methods identified below to correct any mistakes in their Personal Information. FUJIFILM may not be able to accommodate a request if FUJIFILM believes it would violate any law or legal requirement or cause the information to be incorrect; data solely retained for data backup purposes is generally excluded.
Opt Out of the Sale or Sharing of Personal Information. California consumers may have the right to opt-out of the sale and/or sharing of their Personal Information; but FUJIFLM will not sell or share your Personal Information collected and processed in relation to the use of our App.
Limit use and disclosure of sensitive personal information. California provides for a right to limit the use and disclosure of sensitive personal information to only those purposes necessary to provide FUJIFILM’s services; but FUJIFILM only processes sensitive personal information for those purposes necessary to provide our services.

Section 10 below provides more information about how to exercise your privacy rights.

Special Notice for Canadian Residents

This section supplements the information above and applies solely to residents of Canada whose personal information is subject to applicable Canadian privacy laws.

Residents of Quebec

If you are a resident of the province of Québec, applicable privacy laws provide you with certain rights regarding your personal information. These rights are in addition to the rights relating to access, correction, retention, destruction, non-required purposes, and withdrawal described in the section “Residents of other Canadian Provinces/Territories” below, which also apply to Quebec residents.

Transfers of your Personal Information

The recipients of your personal information may be located outside of the province of Quebec. FUJIFILM will take all necessary measures to ensure that transfers of personal information outside Quebec only happen in accordance with applicable law.

Additional Rights Over Personal Information

You have the right to revoke your consent to the communication or use of your personal information at any time. Revoking consent may however impact your ability to continue to use the App or certain features that it offers. Under certain circumstances, we will not be able to fulfill your request, such as if it ‎interferes with our regulatory obligations, affects legal matters, or if we cannot verify your ‎identity, but in any event we will respond to your request within the legally required ‎timeframe.

You have the right to request confirmation of the existence of a file containing your personal information. If the personal information we have about you is inaccurate, incomplete or equivocal, or if collecting, communicating or keeping it are not authorized by law, you have a right to request that the information be rectified. All rectification requests will be noted in your file and we will respond to same within the delays provided for by law.

In order to exercise any of these rights, ‎please submit your request by contacting us using the details identified in Section 12 below.

Residents of other Canadian Provinces/Territories

Subject to certain exceptions, Canadian privacy laws provide Canadian consumers with additional rights regarding their personal information. This section describes Canadian consumers’ additional rights and explains how to exercise them.

Access. Upon written request to our Privacy Officer and authentication of identity, we will provide you ‎‎your personal ‎information under our control. We will also give you information about the ways in ‎‎which that information is being ‎used and a description of the individuals and organizations to ‎‎whom that information has been disclosed. We may ‎charge you a reasonable fee for doing so, unless otherwise prohibited by law.‎
In some situations, we may not be able to provide access to certain personal information (e.g., if ‎‎disclosure would ‎reveal personal information about another individual, the personal information is ‎‎protected by solicitor/client ‎privilege, the information was collected for the purposes of an ‎‎investigation or where disclosure of the information ‎would reveal confidential commercial ‎‎information that could harm the competitive position of us). We may also ‎be prevented by law ‎‎from providing access to certain personal information. Where an access request is refused, we will notify you in writing, document the reasons for refusal ‎‎and outline ‎further steps which are available to you.‎
Correction. We will make a reasonable effort to ensure that personal information we are using or disclosing is ‎accurate and ‎complete. If you demonstrate the inaccuracy or incompleteness of personal information, we will amend the ‎‎information as required. If appropriate, we will send the amended information to third parties to ‎whom the ‎information has been disclosed.‎ When a challenge regarding the accuracy of personal information is not resolved ‎to your ‎satisfaction, we will annotate the personal information under our control with a note that the ‎correction was ‎requested but not made.‎
Retention. We will keep personal information used to make a decision affecting you for at least one year after ‎using it to make ‎the decision, except to the extent that you delete or remove that information ‎yourself. ‎
Destruction. We will destroy, erase or make anonymous documents or other records containing personal ‎information as soon as ‎it is reasonable to assume that the original purpose is no longer being served ‎by retention of the information and ‎retention is no longer necessary for a legal or business purpose.‎ We will take due care when destroying personal information so as to prevent unauthorized access ‎to the ‎information.‎
Non-Required Purposes. You may instruct us to refrain from sharing your personal information in any way that is not required ‎for us to ‎provide products or services to you. We will not refuse you access to any product or service ‎merely because you ‎have advised us to stop sharing your personal information in any way ‎that is not required for the Services.‎
Withdrawal. You may withdraw consent at any time, subject to legal, contractual and other restrictions, provided ‎that you give ‎reasonable notice of withdrawal of consent to us. On receipt of notice of withdrawal ‎of consent, we will inform you ‎of the likely consequences of the withdrawal of consent, which ‎may include the inability of us to provide certain ‎services for which that information is necessary.

Exercising Your Individual Privacy Rights

Only you or a person who is authorized to act on your behalf (“Authorized Agent”) may make a request related to your personal data. Requests may also be made on behalf of a minor child. Requests must:

provide sufficient information that allows FUJIFILM to reasonably verify the requestor is the person about whom the Personal Information is collected or an Authorized Agent and
describe the request with sufficient detail that allows FUJIFILM to properly understand, evaluate, and respond to it.

You, or your Authorized Agent, may submit requests to FUJIFILM by:

completing and electronically submitting the form found here,
calling FUJIFILM toll free at (844) 901-2001, or
sending an email to FUJIFILM at CCPA-NA@fujifilm.com.

FUJIFILM cannot respond to requests or provide personal data if it is unable to verify a requestor’s identity or authority to make the request and confirm the personal data relates to the requestor. Making a request does not require you to create an account with FUJIFILM. Personal data provided for identity verification for such requests will only be used to verify your identity or authority to make the request.

Identity Verification Requirements. In order to verify your identity, you may need to submit certain information, including, as applicable, providing account information, answers to security questions, name, government identification number FUJIFILM already has on file, date of birth, contact information, or other personal data. FUJIFILM will match this information against information FUJIFILM has previously collected about you to verify your identity. If an Authorized Agent is being utilized for a request, FUJIFILM will require proof of the Authorized Agent’s authority. If we are unable to verify your identity, your request may be denied.

Depending on the nature of the personal data, which is the subject of your request, our verification process may include using existing authentication practices or matching two or three additional data points, and may also include submitting a declaration.

Non-Discrimination. FUJIFILM will not discriminate against you for exercising any rights under applicable privacy law.

Appeals: If you are not satisfied with the resolution of your request and would like to submit an appeal, you can email us at InfoSec-NA@fujifilm.com.

Changes to this Privacy Policy

FUJIFILM reserves the right to change, amend, or update this Privacy Policy. If we decide to change our Privacy Policy, we will post the revised Privacy Policy on our App or in a manner through which we regularly interact with you. On return visits to our App, please remember to review the Privacy Policy which may have changed. Note that if a change to our Privacy Policy results in the obligation to obtain additional consent, we will obtain such consent in accordance with applicable law.

How to Contact Us

If you have questions, concerns, or complaints about this Privacy Policy or our privacy practices, you may wish to contact us.

You may contact us via email at InfoSec-NA@fujifilm.com or via mail at FUJIFILM Holdings America Corporation, Attn: Information Security, 200 Summit Lake Drive, Valhalla, New York, 10595 USA.
For marketing preferences and services support relating to updating your account information or email marketing preferences, or for technical support or other help with services, please use the “Contact Us” option for the relevant service.

Thank you for visiting FUJIFILM.

This Privacy Policy has been updated as of April 11, 2024