Terms and Conditions

1. Identity and roles

The 321smile.eu website, its subdomains and technical platform are operated by Creoconcept.com - Programação e Soluções, Lda., Portuguese tax number 505404222, established in Faro, Portugal. Technical and security contact: geral@creoconcept.com. Website: https://www.creoconcept.com/.

Photographic Partner, seller and principal controller: the entity identified on the photograph page, at the park, on the ticket, QR code, order confirmation or identification block displayed before payment (the “Photographic Partner”).

Important: if the Photographic Partner’s legal identity is unavailable because of a technical failure, facial search and any paid purchase must not be completed. The user should contact Creoconcept so that the entity can be identified and the issue corrected.

Creoconcept provides the platform, hosting and technical processing. The Photographic Partner organises the photographic service, determines the capture and use of the photographs, is the seller of the content, sets the prices, receives payments and is responsible for invoicing, refunds and the commercial relationship with the consumer.

The Photographic Partner is also responsible for selecting, submitting, managing and maintaining the photographs and other photographic content made available through the platform, including ensuring that such content has been lawfully obtained and may lawfully be processed, displayed, sold and made available to users. Creoconcept provides the technical infrastructure used to store and process that content but does not select, create or control the photographic content submitted by the Photographic Partner and is not responsible for the content of those photographs, except to the extent that responsibility cannot legally be excluded.

2. Scope and acceptance

These terms apply to searching, viewing, selecting, purchasing, paying for, downloading and using photographs or other content made available through 321smile.eu, including searches by reference, QR code or selfie and requests to be notified by email when a photograph becomes available.

By using the service, the user states that they have read and accepted these terms. Acceptance of these terms does not replace biometric consent which, where applicable, must be requested separately before facial processing.

3. Photographs and information at the venue

the Photographic Partner is responsible for informing visitors before image capture, obtaining any legally required consents and authorisations, managing refusals, image rights and matters involving children, and providing an alternative without facial recognition.

A person who does not wish to participate in facial search must use the alternative provided by the Photographic Partner and follow the instructions available at the park or venue.

4. Selfie search and facial comparison

Selfie search uses automated comparison between the submitted image and mathematical representations of facial characteristics associated with available photographs. These internal identifiers do not by themselves contain a person’s name or address, but they may constitute biometric data when used to distinguish or locate that person.

The selfie is used solely to perform the requested search and is deleted after the operation. If a technical failure prevents immediate deletion, it will be deleted as soon as technically possible and normally within a maximum of 24 hours.

Selfies and facial data are not used for advertising, sale of data, access control, surveillance or training external systems.

Facial comparison is probabilistic and may display photographs of other people, omit correct photographs or return no results. The user must visually confirm every photograph before purchasing, downloading or sharing it.

5. Availability and retention

By default, photographs and facial data used for search remain available for a maximum of seven days after capture. The Photographic Partner is responsible for determining and communicating the applicable retention period and for instructing the platform regarding any lawfully justified different retention period.

After the period ends, content may no longer be available or recoverable. Order, invoicing, complaint, security or legal-defence records may be retained for different periods where required by law or a legitimate purpose.

6. Email notification when a photograph is pending

If a photograph associated with a valid reference has not yet arrived on the platform, the user may voluntarily provide an email address in order to receive a notification and an access or download link when the photograph becomes available. Submitting the address is a request for this transactional notification and does not subscribe the user to marketing communications.

The email address is stored technically only in association with the relevant photograph reference and is used exclusively to send that notification. It is not used for advertising, profiling, sale of data or unrelated contact. The platform does not provide the Photographic Partner or other users with access to a contact or mailing list containing these addresses. The address is retained only for as long as reasonably necessary to send the notification, deal with delivery failures or until the photograph or reference availability period expires, and is then deleted or anonymised, subject to any temporary technical, security or legal records that must lawfully be retained.

7. Prices, payments and digital content

the Photographic Partner is the seller and payment recipient. Payments may be processed by an electronic payment service provider selected or indicated by the Photographic Partner. Creoconcept may technically transmit payment references and statuses but does not receive the sale proceeds and does not have access to payment data retained exclusively by the payment provider, other than the limited reference or status information technically necessary to operate the service.

Before paying, the user must confirm the seller’s identity, the photograph, the total price and the order details. If the seller is not identified, the purchase must not be completed.

Photographs are digital content normally supplied immediately. Where applicable, the user will be asked for prior express consent to immediate performance and acknowledgement of the legal consequences for the withdrawal right, without prejudice to mandatory consumer rights.

Questions about charges, invoices, duplicate payments, refunds, chargebacks or non-receipt of content must be addressed to the Photographic Partner.

8. Permitted use and user obligations

The user must submit only their own selfie or an image they are legally authorised to submit and must access only photographs concerning them or for which they have authorisation.

It is prohibited to bypass payments or access controls, share private tokens or links, scrape data, upload malware, attack the service or use an incorrect result to identify, contact, stalk or harm another person.

9. Intellectual property

The software, code, structure and technical components of 321smile.eu belong to or are lawfully used by Creoconcept. The photographs, videos, brands and service content belong to the Photographic Partner or their respective owners.

Purchase or download does not transfer copyright. Commercial use, resale, licensing, alteration or redistribution requires the owner’s permission, without prejudice to uses allowed by law.

10. Personal data and rights

For image capture, selection, submission, organisation, management, retention instructions, search and commercial supply of photographs, the Photographic Partner is generally the controller and determines the purposes and essential conditions of that processing. Creoconcept processes the photographic data on the Photographic Partner's behalf insofar as necessary to operate, host and technically maintain the platform, and acts as an independent controller only for processing carried out for its own security, invoicing, legal-compliance or legal-defence purposes.

Processed data may include photographs, facial vectors, internal identifiers, photograph associations, the temporary selfie, references, date, time, attraction, order data, payment status, an email address voluntarily submitted for a photograph-arrival notification, IP address and technical logs.

The notification email address is processed only as described in section 6 and is not used for marketing or unrelated communications.

The data subject may request access, rectification, erasure, restriction or objection, where applicable, by contacting the Photographic Partner. For matters concerning only platform technology or security, contact geral@creoconcept.com. A complaint may also be submitted to the Portuguese Data Protection Authority at https://www.cnpd.pt/.

11. Liability

The Photographic Partner is responsible for image capture, the selection, submission, management and maintenance of photographic content, information and consent at the venue, the legality and content of submitted photographs, image rights, prices, sales, payments, invoicing, refunds and the acts of its staff or the park.

Creoconcept is responsible only for technical and data-protection obligations directly attributable to it. Creoconcept does not create, select or determine the content of photographs submitted by the Photographic Partner and is not responsible for the subject matter, legality, accuracy, appropriateness or image-rights status of such content. Creoconcept is not liable merely because it technically hosts, stores or processes partner content, nor for failures of third parties, networks, park equipment or incorrect results inherent to probabilistic comparison, except where liability cannot legally be excluded.

Nothing in these terms excludes mandatory rights of consumers or data subjects.

12. Technical availability and third parties

The service may be affected by maintenance or failures involving networks, hosting, power, browsers, devices or external providers. Reasonable security and recovery measures are applied, but permanent availability and absolute absence of errors are not guaranteed.

13. Complaints and contacts

Complaints concerning photographs, image capture, prices, purchases, payments, invoices, refunds or image rights must be addressed to the Photographic Partner identified in the service. If that identification is unavailable, the user may contact Creoconcept, which will seek to identify and forward the request without thereby assuming the role of seller or controller for the image capture.

The Portuguese Electronic Complaints Book is available at https://www.livroreclamacoes.pt/. The seller must identify the competent alternative dispute-resolution entity according to its location and activity.

For issues concerning only the technology or security of 321smile.eu: geral@creoconcept.com.

14. Amendments and applicable law

These terms may be updated to reflect legal, technical or operational changes. Amendments do not prejudice rights already acquired. Portuguese law applies, without prejudice to mandatory consumer rules.

Last updated: 6 August 2026.