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Privacy Policy

Last Updated: March 20th, 2019

PHOTOGBOOKER PRIVACY POLICY

Thank you for taking time to understand and agree to the PhotogBooker Privacy Policy in advance of utilizing the PhotogBooker Platform (defined below).

PhotogBooker (hereinafter referred to as “PhotogBooker”, “we”, “us” or “our“) operates the PhotogBooker website and software application (herein referred to as “Platform”) that connects photographers with Guests/Clients seeking photography services. The Platform is designed to facilitate online booking of photography services by Guests/Clients. We utilize the term “Guests/Clients” because a visitor to our site is a guest searching for a Photographer with whom to book services and then becomes a client to that photographer. However, these terms apply to all site visitors, photographers, and Guests/clients without regard to any purchase, participation in booking services or other activity.

This Privacy Policy is intended to inform you about how we treat Personal Information that we process about you. If you do not agree to any part of this Privacy Policy, then we cannot provide the PhotogBooker Platform to you, and you should stop accessing the PhotogBooker Platform and deactivate your PhotogBooker account, if any exists. To deactivate your PhotogBooker account, send an email request to [email protected]

DEFINITIONS

Where the definition of a term does not appear in this Privacy Policy (such as “Listing”, “Photographer”, “Content” etc.), it shall be given its definition as outlined in our Terms of Service (http://www.PhotogBooker.com/terms).

Aggregated information” means information about all of our Guests/Clients or specific groups or categories of Guests/Clients that we combine together and which does not include any individual’s Personal Information.

Data Controller” means PhotogBooker, the company responsible for the use of and processing of Personal Information in order to facilitate bookings between Photographers and Guests/Clients.

Payments Data Controller” means STRIPE, the company responsible for the use of and processing of Personal Information for the purpose of processing payments from Photographers for PhotogBooker Membership subscriptions.

Personal Information” means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller and Payments Data Controller.

1. INFORMATION WE COLLECT

There are two categories of information we collect:

1.1 Information You Give to Us.

1.1.1 Information that is necessary for the use of the PhotogBooker Platform.

We collect the following personal information about you when you use the PhotogBooker Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.

  • Account Information. When you sign up for a PhotogBooker Account, we require certain information such as your first name, last name, address, and email address. Account Information will not be publicly visible to others and will be shared only upon request once a booking inquiry is submitted through the PhotogBooker Platform.

  • Photographer Listing Information. To create a Listing on the PhotogBooker Platform, we will ask Photographers to provide additional contact information, which may include your address, phone number and a profile picture. A Listing WILL be publicly visible to others. Depending on the PhotogBooker subscription level the Photographer selects, a Photographer may have the option of submitting additional information as part of a PhotogBooker Listing, such as sample photographs, gender, preferred language(s), city and a personal description.

  • Identity Verification Information. To help create and maintain a trusted environment, we may, at our discretion, collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information. This information is not publicly available.

  • Communications with PhotogBooker for sharing with Photographers and Guests/Clients. When you communicate with PhotogBooker or use the PhotogBooker Platform to communicate with other Photographers or Guests/Clients, we collect information about your communication and any information you choose to provide. This information is not publicly available but is shared between the parties as directed by the booking inquiry and/or confirmation.

  • Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your PhotogBooker Account, respond to surveys, post to community forums, participate in promotions, or use other features of the PhotogBooker Platform. Some of this information as indicated in your Account settings is part of your public profile page, and will be publicly visible to others.

1.1.2 Information that is necessary for PhotogBooker Listing Subscription

Photographers are required to select and maintain a Listing Subscription in order to maintain a PhotogBooker Listing. We require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments (via STRIPE). The Payments Data Controller needs to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to obtain a PhotogBooker Listing Subscription:

  • Payment Information. The Payments Data Controller requires certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law.

  • Identity Verification and Other Information. The Payments Data Controller may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the requested PhotogBooker membership and to comply with applicable law.

1.2 Information We Collect from Your Use of the PhotogBooker Platform

When you use the PhotogBooker Platform, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the PhotogBooker Platform.

  • Geo-location Information. When you use certain features of the PhotogBooker Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. PhotogBooker may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.

  • Usage Information. We collect information about your interactions with the PhotogBooker Platform such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the PhotogBooker Platform.

  • Log Data and Device Information. We automatically collect log data and device information when you access and use the PhotogBooker Platform, even if you have not created a PhotogBooker Account or logged in. That information includes, among other things: details about how you’ve used the PhotogBooker Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the PhotogBooker Platform.

  • Cookies and Similar Technologies. We use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies on the PhotogBooker Platform, or engage others to track your behavior on our behalf. While you may disable the usage of cookies through your browser settings, the PhotogBooker Platform currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted.

  • Payment Transaction Information. PhotogBooker Payments collects information related to your payment transactions through the PhotogBooker Platform, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and to allow the provision of the Payment Services.

1.3 Information We Collect from Third Parties.

PhotogBooker may collect information, including personal information, that others provide about you when they use the PhotogBooker Platform or obtain information from other sources and combine that with information we collect through the PhotogBooker Platform. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

  • Third Party Services. If you link, connect, or login to your PhotogBooker Account with a third party service (e.g. Google, Facebook), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.

  • Your Reviews. If your write a review of a Photographer, it will be published on that Photographer’s Listing. The Photographer may respond to the review which is displayed on his or her Listing. Reviews and responses WILL be publicly visible to others.

  • Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the PhotogBooker Platform through partnerships, or about your experiences and interactions from our partners.

2. HOW WE USE INFORMATION WE COLLECT

We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the PhotogBooker Platform, create and maintain a trusted and safer environment and comply with our legal obligations.

2.1 Provide, Improve, and Develop the PhotogBooker Platform.

  • Enable you to access and use the PhotogBooker Platform.

  • Enable you to communicate with other Photographers and/or Guests/Clients.

  • Operate, protect, improve, and optimize the PhotogBooker Platform and experience, such as by performing analytics and conducting research.

  • Provide customer service.

  • Send you service or support messages, updates, security alerts, and account notifications.

  • If you provide us with your contacts’ information, we may process this information: (i) to facilitate referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection.

  • To operate, protect, improve, and optimize the PhotogBooker Platform and experience, and personalize and customize your experience (such as making Listing suggestions or ranking search results), we conduct profiling based on your interactions with the PhotogBooker Platform, your search and booking history, your profile information and preferences, and other content you submit to the PhotogBooker Platform.

We process this information given our legitimate interest in improving the PhotogBooker Platform and our Photographers’ and Guests/Clients’ experience with it, and where it is necessary for the adequate performance of the contract with you.

2.2 Create and Maintain a Trusted and Safer Environment.

  • Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.

  • Conduct security investigations and risk assessments.

  • Verify or authenticate information or identifications provided by you (such as to verify your Photographer’s address or compare your identification photo to another photo you provide).

  • Conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required.

  • Comply with our legal obligations.

  • Resolve any disputes with any of our Photographers, Guests/Clients and enforce our agreements with third parties.

  • Enforce our Terms of Service and other policies.

  • In connection with the activities above, we may conduct profiling based on your interactions with the PhotogBooker Platform, your profile information and other content you submit to the PhotogBooker Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the PhotogBooker Platform if such processes detect a Member or activity that we think poses a safety or other risk to the PhotogBooker Platform, Photographers, Guests/Clients, or third parties.

We process this information given our legitimate interest in protecting the PhotogBooker Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.

2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.

  • Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about PhotogBooker or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google).

  • Personalize, measure, and improve our advertising.

  • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by PhotogBooker or its third party partners.

  • Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the PhotogBooker Platform, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.

We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications.

2.4 How the Payments Data Controller uses the Information Collected.

  • Enable Photographers to create Listings and access and use the PhotogBooker Platform.

  • Detect and prevent fraud, abuse, security incidents, and other harmful activity.

  • Conduct security investigations and risk assessments.

  • Conduct checks against databases and other information sources.

  • Comply with legal obligations (such as anti-money laundering regulations).

  • Enforce the Payment Terms and other payment policies.

  • With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.

The Payments Data Controller processes this information given its legitimate interest in providing PhotogBooker subcription services and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.

3. SHARING & DISCLOSURE

3.1 With Your Consent.

Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when Photographers designate information to appear in a Listing or when Guests/Clients submits a booking inquiry.

3.2 Sharing between Members.

To help facilitate bookings or other interactions between Photographers and Guests/Clients, we may need to share certain information, including personal information, as it is necessary for the adequate performance of the contract between you and us, as follows:

  • When you as a Guest/Client submit a booking inquiry, certain information about you is shared with the Photographer, including your full name, your email address, your booking history, and other information you agree to share. When your booking is confirmed, we will disclose additional information to assist with coordinating the shoot, like your phone number.

  • When you as a Photographer have a confirmed booking, certain information is shared with the Guest/Client to coordinate the booking, such as your full name, phone number, and studio address.

  • When you as a Guest/Client invite additional Guests/Clients to a booking, your full name, photo shoot dates, Photographer name, Listing details, the Accommodation address, and other related information will be shared with each additional Guests/Clients.

3.3 Profiles, Listings, and other Public Information.

The PhotogBooker Platform lets you publish information, including personal information, that is visible to the general public. For example:

  • Parts of your Guest/Client profile page, such as your first name, your last name, your description, and city, are publicly visible to others.

  • Photographer Listing pages are publicly visible and include information such as the service provided location (neighborhood and city) or address (where you have provided your consent), Listing description, calendar availability, your public profile photo, photography portfolio samples, Guest/Client Reviews and any additional information you choose to share.

  • After completing a booking, Guests/Clients may write Photography Reviews. Reviews and Ratings are a part of a Photographer’s Listing.

  • If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the PhotogBooker Platform, that content is publicly visible.

Based on our legitimate interest to promote the PhotogBooker Platform we may display parts of the PhotogBooker Platform (e.g., your Listing page) on sites operated by PhotogBooker’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.

Information you share publicly on the PhotogBooker Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.

3.4 Additional Use by Photographers.

Photographers may use features on the PhotogBooker Platform to share information about the Guest/Client (like Guest/Client name, Guest/Client email address) with such third party service providers for the purposes of coordinating the delivery of images or providing other services. PhotogBooker does not control the use of Guest/Client information and Guest/Clients are encouraged to negotiate contract agreements, terms and or image use agreements with Photographers in regards to their use of images.

3.5 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.

PhotogBooker may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against PhotogBooker, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Photographers and Guests/Clients, or (v) to protect the rights, property or personal safety of PhotogBooker, its employees, its Photographers and Guests/Clients, or members of the public.

These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person’s vital interests or for the purposes of our or a third party’s legitimate interest in keeping the PhotogBooker Platform secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.

Where appropriate, we may notify Photographers and/or Guests/Clients about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon PhotogBooker’s property, its Photographers and /or Guests/Clients and the PhotogBooker Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Photographers and/or Guests/Clients about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

3.6 Service Providers.

PhotogBooker uses a variety of third party service providers to help us provide services related to the PhotogBooker Platform and the Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers may be based in Europe, India, Asia Pacific and North and South America.

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the PhotogBooker Services through third party platforms and software tools (e.g. through the integration with our APIs), or (vi) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

PhotogBooker will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.

3.7 Social Media Platforms.

Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the PhotogBooker Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.

The social media platforms with which we may share your personal data are not controlled or supervised by PhotogBooker. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.

Please note that you may, at any time ask PhotogBooker to cease processing your data for these direct marketing purposes by sending an e-mail to [email protected]

3.8 Government Registration.

In jurisdictions where PhotogBooker facilitates or requires a registration, notification, permit, or license application of a Photographer with a local governmental authority through the PhotogBooker Platform in accordance with local law, we may share information of participating Photographers with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Photographer’s full name and contact details, Photographer’s area of service, tax identification number, and Listing details.

3.9 Business Transfers.

If PhotogBooker undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

3.10 Aggregated Data.

We may also share aggregated information (information about our Photographers and Guests/Clients that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

4. OTHER IMPORTANT INFORMATION

4.1 Analyzing your Communications.

We may review, scan, or analyze your communications on the PhotogBooker Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.

These activities are carried out based on PhotogBooker’s legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.

4.2 Linking Third Party Accounts.

You may link your PhotogBooker Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.” When you create this link:

  • some of the information you provide to us from the linking of your accounts may be published on your PhotogBooker Account profile;

  • your activities on the PhotogBooker Platform may be displayed to your Friends on the PhotogBooker Platform and/or that third party site;

  • a link to your public profile on that third party social networking service may be included in your PhotogBooker public profile;

  • other PhotogBooker users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;

  • other PhotogBooker users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking service;

  • the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and

  • the publication and display of information that you provide to PhotogBooker through this linkage is subject to your settings and authorizations on the PhotogBooker Platform and the third party site.

We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.

4.3 Google Maps/Earth.

Parts of the PhotogBooker Platform use Google Maps/Earth services, including the Google Maps API(s). Use of Google Maps/Earth is subject to Google Maps/Earth Additional Terms of Use and the Google Privacy Policy.

5. THIRD PARTY PARTNERS & INTEGRATIONS

The PhotogBooker Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). PhotogBooker doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, PhotogBooker, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

6. YOUR RIGHTS

You may exercise any of the rights described in this section before your applicable PhotogBooker Data Controller and Payments Data Controller by sending an email to [email protected] . Please note that we may ask you to verify your identity before taking further action on your request.

6.1 Managing Your Information.

You may access and update some of your information through your Account settings. If you have chosen to connect your PhotogBooker Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.

6.2 Rectification of Inaccurate or Incomplete Information.

You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your PhotogBooker Account).

6.3 Data Access and Portability.

In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

6.4 Data Retention and Erasure.

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the PhotogBooker Platform to you, you can request that we erase your personal information and close your PhotogBooker Account. Please note that if you request the erasure of your personal information:

  • We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a PhotogBooker Account for fraud or safety reasons, we may retain certain information from that PhotogBooker Account to prevent that Photographer and/or Guest/Client from opening a new PhotogBooker Account in the future.

  • We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, PhotogBooker may keep some of your information for tax, legal reporting and auditing obligations.

  • Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the PhotogBooker Platform, even after your PhotogBooker Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.

  • Because we maintain the PhotogBooker Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

6.5 Withdrawing Consent and Restriction of Processing.

Where you have provided your consent to the processing of your personal information by PhotogBooker you may withdraw your consent at any time by changing your Account settings or by sending a communication to PhotogBooker specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of PhotogBooker override your own.

6.6 Objection to Processing.

In some jurisdictions, applicable law may entitle you to require PhotogBooker not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing PhotogBooker will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time ask PhotogBooker to cease processing your data for these direct marketing purposes by sending an e-mail to [email protected] .

7. OPERATING GLOBALLY

To facilitate our global operations PhotogBooker may transfer, store, and process your information with service providers based in Europe, India, Asia Pacific and North and South America. Laws in these countries may differ from the laws applicable to your Country of Residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Privacy Policy. Where we transfer store, and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

7.1 Other Means to Ensure an Adequate Level of Data Protection.

If PhotogBooker is the Data Controller and your information is shared with corporate affiliates or third party service providers outside the EEA, we have – prior to sharing your information with such corporate affiliate or third party service provider – established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission). We will provide further information on the means to ensure an adequate level of data protection on request.

7.3 California & Vermont Residents.

PhotogBooker Payments will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.

7.4 California Privacy Rights.

California law permits Members who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact” section for where to send such requests. PhotogBooker do not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.

8. SECURITY

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your PhotogBooker Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your PhotogBooker Account, please contact us following the instructions in the Contact Us section below.

9. CHANGES TO THIS PRIVACY POLICY

PhotogBooker reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the PhotogBooker Platform and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date they become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the PhotogBooker Platform will be subject to the revised Privacy Policy.

SPECIAL FEATURES AND PROGRAMS

Groups

The Platform may allow registered account holders to participate in online discussion forums (“Group(s)”) in selected cities.

If you join a Group, then your membership in the Group as well as some of your public information (such as your profile picture and public profile page) will be visible to users who browse the Group. If you publish postings in a Group, then your postings will be visible to such users as well. The ability to browse the Group will depend on the Group settings, and it may or may not be limited to members of that Group.

GOT FEEDBACK?

Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at [email protected].

COOKIE POLICY

PhotogBooker uses “cookies” in conjunction with the Platform to obtain information. A cookie is a small data file that is transferred to your device (e.g., your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Platform to recognize your browser, while another could store your preferences and other information.

Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Platform may not work as intended or may not work at all without cookies.

PhotogBooker cookies and third party cookies

PhotogBooker may place our cookies on your device via the Platform. Accordingly, our Privacy Policy will apply to our treatment of the information we obtain via our cookies.

We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, third parties may also place cookies on your device for advertising purposes.

There are two types of cookies used on the Platform, namely “persistent cookies” and “session cookies”.

Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Platform.

Other technologies

The Platform may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link.

Uses for PhotogBooker cookies

PhotogBooker uses cookies for a number of purposes, such as the following:

  1. to enable, facilitate and streamline the functioning of the Platform across different webpages and browser sessions.

  2. to simplify your access to and use of the Platform and make it more seamless.

  3. to monitor and analyze the performance, operation and effectiveness of the Platform, so that we can improve and optimize it.

  4. to show you content (which may include advertisements) that is more relevant to you.

Uses for third-party cookies

Our partners’ cookies are intended to obtain information to help them provide services to PhotogBooker. For example, third party companies and individuals we engage to provide services to us may track your behavior on our Platform to market and advertise PhotogBooker listings or services to you on the Platform and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Platform and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager (https://www.google.com/settings/ads/onweb/). Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Platform – it just will not be tailored to your interests.

In addition, Facebook places a cookie via the Platform that allows Facebook to obtain aggregated, non-Personal Information to optimize their services. For example, if a user clicks on an advertisement for the PhotogBooker mobile app on Facebook and subsequently installs the app, this cookie will inform Facebook that a user (who is not personally identified) has installed the app after clicking on the advertisement. This cookie may also inform Facebook that a user is using the app, without identifying the specific actions taken by the user in the app.

Disabling Cookies

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Platform. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website (http://www.adobe.com/) and make changes at the Global Privacy Settings Panel (http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html).

Changes to this Cookie Policy

We can change this Cookie Policy at any time. If we make material changes to the Cookie Policy, we will let you know either by posting the changed Cookie Policy on the Platform or by sending you an email.

It’s important that you review the changed Cookie Policy. If you do not wish to agree to the changed Cookie Policy, then we cannot continue to provide the Platform to you, and your only option is to stop accessing the Platform and deactivate your PhotogBooker account. You can find out more about how to deactivate your PhotogBooker account at http://www.photogbooker.com/help.