[Last Updated: December 20, 2023]
applicability: The California Consumer Privacy Act of 2018 (“CCPA”), the California Privacy Rights Act of 2020 effective January 1, 2023 (“CPRA”), any other California privacy laws, and this CCPA privacy notice (“CCPA Notice”) apply to visitors, users, photographers, and others who are California residents (“consumers” or “you”). Any terms defined in the CCPA and CPRA have the same meaning when used in this CCPA Notice. This CCPA Notice applies to California residents’ Personal Information, which we collect directly or indirectly while using our Platform, website, or Service or in order to provide our Services, further, when and if applicable the CCPA Notice will also disclose the use of employee Personal Information and business-to-business Personal Information.
This CCPA Notice is an integral part of our Privacy Policy, and thus, definitions used herein shall have the same meaning as defined in the Privacy Policy.
PART I: A COMPREHENSIVE DESCRIPTION OF THE INFORMATION PRACTICES:
A. CATEGORIES of PERSONAL information WE COLLECT
We collect Personal Information which is defined under the CCPA as any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device, all as detailed in the table below.
Personal Information further includes Sensitive Personal Information (“SPI”) as detailed in the table below.
Personal Information does not include: Publicly available information that is lawfully made available from government records, that a consumer has otherwise made available to the public; De-identified or aggregated consumer information; Information excluded from the CCPA’s or CPRA’s scope, such as: Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPPA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA) and the Driver’s Privacy Protection Act of 1994.
We have collected the following categories of Personal Information within the last twelve (12) months as a “business”, the photos, images, videos, and facial recognition information are processed and stored by us as a “service provider” and therefore are not disclosed in the table below, for more information see our Privacy Policy that details:
b. categories of Sources of Personal Information
C. USE OF PERSONAL INFORMATION
We may use the Personal Information collected as identified above, for the following purposes: To fulfill or meet the reason you provided the Personal Information (support, respond to a query; monitor and improve our services; analyze which types of ads should be provided as part of the services; provide the services; marketing our services; analyzing our services and your use of the services and website; respond to law enforcement; or otherwise as detailed in our Privacy Policy.
We will not collect additional categories of personal information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
D. DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE
We may disclose your Personal Information to a contractor or service provider for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We further restrict the contractor and service provider from selling or sharing your Personal Information.
In the preceding twelve (12) months, we disclosed the following categories of Personal Information for a business purpose:
1
2
3
Category A
Category B
Category D
Category F
Category G
Category I
Category K
Cloud computing and storage vendors.
Government Entities/ Law Enforcement
Operating systems
Storage, hosting.
Subject to a law request, such as tax and social security authorities.
Operating the services.
4
Category A
Category F
Category G
Programmatic systems
Measurement and reporting.
5
Category A
Category F
Category G
Data analysis providers
Providing analytic data on the use of our website, Platform, and Services. We limit the providers' ability to share such information, as detailed above.
6
Category A
Category F
Category G
Marketing providers and social networks.
Marketing which is not cross-contextual, ad delivery.
7
Category A
Security and analytic service providers.
Debugging, security, fraud prevention.
8
Category A
Category B
Category F
Category G
Category D
Various service providers
Improving the Services, development, and optimization, and providing certain services such as printing the photos via third-party photo lab.
9
Category A
Category B
Customer support providers.
Customer and technical support.
10
Category B
Category I
Recruitment services providers.
Recruitment and HR services.
e. SALE OR SHARE OF PERSONAL INFORMATION
In the preceding twelve (12) months, we do not “sell” information as most people would commonly understand that term, we do not, and will not, disclose your Personal Information in direct exchange for money or some other form of payment.
For retargeting and analytic purposes, when we promote our Services, we use third-party tools that are able to market our Services online (“Campaigns”), measure those Campaigns, identify individuals who are interested in our Services, etc. this is done by placing cookies, pixel or other tracking technology on our website and sharing with these vendors the online identifiers and online behavior information. The CCPA defines “sharing” as “communicating orally, in writing, or by electronic or other means, a consumer’s personal information” to “a third party for cross-context behavioral advertising, whether or not for money or other valuable consideration”. In other words, we may share your Personal Information with a third party to help promote our services and understand your use of our website.
In the preceding twelve (12) months, we “sell” or “share” the following categories of Personal Information for a business purpose:
f. CHILDREN UNDER AGE 16
We do not knowingly collect information from children under the age of 16. However, the photos, videos, and other Content stored by Clients or Photographers on our Platform could include children’s photos, family photos, etc. We do not use this information.
g. DATA RETENTION
The retention periods are determined according to the following criteria:
PART II: EXPLANATION OF YOUR RIGHTS UNDER THE CCPA AND HOW TO EXERCISE THEM
h. YOUR RIGHTS UNDER THE CCPA
If you are a California resident, you may exercise certain privacy rights related to your Personal Information. You may exercise these rights free of charge except as otherwise permitted under applicable law. We may limit our response to your exercise of these privacy rights as permitted under applicable law, all as detailed herein and in the Data Subject Request Form available HERE.
The right to delete Personal Information that the business has collected from the consumer, subject to certain exceptions.
Correct Inaccurate Information.
The right to correct inaccurate Personal Information that a business maintains about a consumer
Opt-Out of Sharing for Cross-Contextual Behavioral Advertising.
You have the right to opt-out of the “sharing” of your personal information for “cross-contextual behavioral advertising”, often referred to as “interest-based advertising” or “targeted advertising”.
Opt-out from selling.
the right to opt-out of the sale or sharing of Personal Information by the business
Limit the Use or Disclosure of SPI.
Under certain circumstances, If the business uses or discloses SPI, the right to limit the use or disclosure of SPI by the business.
Opt-Out of the Use of Automated Decision Making.
In certain circumstances, you have the right to opt-out of the use of automated decision making in relation to your Personal Information.
Non-Discrimination.
The right not to receive discriminatory treatment by the business for the exercise of privacy rights conferred by the CCPA, including an employee’s, applicants, or independent contractor’s right not to be retaliated against for the exercise of their CCPA rights, denying a consumer goods or services, charging different prices or rates for goods or services, providing you a different level or quality of goods or services, etc. We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your Personal Information.
Data Portability.
You may request to receive a copy of your Personal Information, including specific pieces of Personal Information, including, where applicable, to obtain a copy of the Personal Information you provided to us in a portable format.
To learn more about your California privacy rights, please visit https://oag.ca.gov/privacy/privacy-laws.
i. HOW CAN YOU EXERCISE THE RIGHTS?
We provide the option to opt-out of Sharing for Cross-Contextual Behavioral Advertising or Selling Personal Information by using the following opt-out options:
j. AUTHORIZED AGENTS
“Authorized agents” may submit opt out requests on a consumer’s behalf. If you have elected to use an authorized agent, or if you are an authorized agent who would like to submit requests on behalf of a consumer, the following procedures will be required prior to acceptance of any requests by an authorized agent on behalf of a California consumer. Usually, we will accept requests from qualified third parties on behalf of other consumers, regardless of either the consumer or the authorized agent’s state of residence, provided that the third party successfully completes the following qualification procedures:
K. NOTICE OF FINANCIAL INCENTIVE
We do not offer financial incentives to consumers for providing Personal Information.
CONTACT US:
UPDATES:
This notice was last updated on December, 2023, as required under the CCPA, we will update the CCPA Notice every 12 months. The last revision date will be reflected in the “Last Modified” heading at the top of this CCPA Notice.
PART III: OTHER CALIFORNIA OBLIGATIONS
