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CCPA Privacy Notice

[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:

Category
Examples of Personal Information
Collected
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
Yes: real name, unique personal identifier, online identifier, IP address, email address.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.Some personal information included in this category may overlap with other categories.
Yes: name, telephone number, address, email address.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
No.
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Yes: transactions conducted; however, not credit card number.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
No.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Yes: information on a customer’s interaction with our website, Platform, and Services.
G. Geolocation data.
Physical location or movements.
Yes: approximate geolocation.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
No.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
Yes: all the information under this category.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
No.
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Yes: from the photos and videos we will be able to infer gender, race or ethnicity characteristics, however, we do not use this information.
L. Sensitive personal information.
Government-issued identifying numbers, financial account details, genetic data, precise geolocation, race or ethnicity, religious or philosophical beliefs, union membership, mail, email, text messages, biometric data, health data, and sexual orientation or sex life.
No.

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:

#
Category (corresponding with the table above)
Category of Recipient
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:

Category (corresponding with the table above)
Category Recipient
Purpose of Sale or Share
Category A
Category G
Marketing tools and vendors.
Share for targeted advertising.

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.

California Privacy Right
Details
The right to know what Personal Information the business has collected.
The right to know what Personal Information the business has collected about the consumer, including the categories of personal information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom the business discloses Personal Information, and the specific pieces of Personal Information the business has collected about the consumer.
Deletion Rights.

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

Direct Marketing Requests: California Civil Code Section 1798.83 permits you, if you are a California resident, to request certain information regarding the disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please use the Data Subject Request Form available HERE.
Do Not Track Settings: Cal. Bus. And Prof. Code Section 22575 also requires us to notify you how we deal with the “Do Not Track” settings in your browser. As of the effective date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we so not respond to the Do Not Track settings. Do Not Track is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across websites. For more details, including how to turn on Do Not Track, visit www.donottrack.us.

California’s “Shine the Light” law (Civil Code Section § 1798.83): permits employees who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us the Data Subject Request Form available HERE.