Snapshots, Inc. is committed to protecting your privacy and developing technology that gives you a powerful and safe consumer experience. This Privacy Policy (the “Policy”) outlines how Snapshots, Inc. and its affiliated companies and subsidiaries based in the United States (collectively, “PhotoDay” or “we”) collect, use, disclose, share, and otherwise manage the personal information you provide when you visit PhotoDay’s websites, download or use PhotoDay’s mobile applications (including but not limited to Galleries, Dashboard, and Capture), use any of the services accessible through the websites or apps, or otherwise engage our services or provide us with personal information through the websites, apps, social media, email exchanges, or other online services on which this Policy is posted (collectively the “Service”).
This Policy applies to all visitors and users of our Services. Your use of the Service is conditioned upon your agreement with this Policy. Before using our Service, please read this Policy carefully as it contains important information on who we are and how and why we collect, store, use, and share your personal information. This Policy also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.
This Privacy Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Policy. To the extent that any translated versions of this Policy conflict with the English language version, the English language version of this Policy shall control.
PhotoDay may collect personally identifiable information from you in various ways. PhotoDay may use the following sources:
PhotoDay will collect personal information from you directly when you interact with our Service, contact us, use our services, create an account, subscribe, share product reviews, sign up to receive offers or emails from us, or purchase our services or products, including:
We may receive personal data about you from our third-party affiliates or partners and from marketing companies that provide us with such information as a part of their relationship with us.
We may combine this with data that we already have collected about you. Such collected data could include contact details (such as email address) and previous purchase history or interests.
When you use our Service we collect certain information about you automatically through our use of cookies and similar technologies.
PhotoDay collects the following categories of personal information:
PhotoDay may also collect certain non-identifying information, or aggregate information, such as anonymous demographic information including zip codes, dates of birth, customer preferences, information about customer computer hardware and software, as well as information about the links and pages that users access within an PhotoDay website. Certain non-identifying information may be considered personally identifiable information if combined with other information which may enable you to be identified (such as a zip code with a street address); however, the same information when taken alone or combined with other non-identifying information, will be considered non-identifying information.
Depending on the settings enabled by the service provider using a PhotoDay account, PhotoDay may collect certain biometric data, namely facial imagery including characteristics derived by facial recognition software, in connection with certain features, as set forth in our Terms of Use and Biometric Information Policy. In order to utilize the FaceFind or facial recognition feature on the Service, the features must be toggled on by the Studio creating the account, and the Studio must agree to our Terms of Use and Privacy Policy. Biometric data is not collected or processed for the purpose of inferring characteristics about any individual, user, or consumer; is only used to provide the Service as reasonably expected by you when you request such Service; and is only disclosed with your consent.
If you are a job applicant, employee, owner, director, officer, or contractor of PhotoDay, sign-in and device information, we also collect educational, professional, and employment-related information, which may include certain sensitive personal information. Specifically, we collect information such as your Social Security Number, driver’s license number or state ID card number, passport number, and other unique personal identifiers associated with you or other beneficiaries such as your spouse or child; employment and education history, professional licenses, marital or domestic partner status, date of birth, age, gender, classifications protected under state or federal Equal Employment Opportunity laws (such as race or national origin), medical condition or information, and health insurance information and policy number; precise geolocation history, including badge access and telematics data; and financial Information, including bank account, billing address, and information about your income and account balances.
Beyond this, unless you are a job applicant, employee, owner, director, officer, or contractor of PhotoDay, or as otherwise stated in a separate agreement, PhotoDay does not collect sensitive personal information such as your social security, driver’s license, state identification card, or passport number; your account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; your precise geolocation; your racial or ethnic origin, religious or philosophical beliefs or associations, political opinions or membership, or union membership; the contents of your mail, email and text messages, unless we are the intended recipient of the communication; your genetic data; your mental or physical health or medical condition or diagnosis; your sex life or sexual orientation or practices; your criminal background; or your citizenship or citizenship status. We ask that you not send nor disclose, any sensitive personal information to us.
PhotoDay may also receive and store certain information regarding photography jobs and subjects from photographers and studios that is used to identify the job or subject such as the name of the sporting event, school, or organization. This information is optional and not required to use PhotoDay’s Service. PhotoDay does not collect, use, or share this information and only stores the information for the photographer or studio to use.
We use third party processors to collect payment information, such as a valid credit card number, type, expiration date or other financial information, to process payments for customer transactions. This information is required to be submitted as part of our checkout process. We do not have access to any of this financial information; it is submitted directly to our third-party payment processing company Stripe (the “Payment Processor”), which uses the information to process your payment. The use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy which can found at https://stripe.com/privacy.
PhotoDay only collects and processes the minimum amount of personal information from you that is necessary to the purposes of our information processing activities and retains such information only if required to fulfill such purposes.
PhotoDay may store and use your personally identifiable information for (i) product or service fulfillment including customer service and support, payment processing, and shipping, (ii) voluntary marketing, promotional, and advertising purposes, such as to inform you of products or services available from PhotoDay, (iii) internal operations, such as improving your customer experience – this includes auditing current interactions and optimizing user experience, (iv) detecting security incidents, protecting against malicious, deceptive activity, and taking all necessary and appropriate steps to mitigate current and future risk; (v) debugging and repairing internal information technology as necessary; (vi) undertaking internal research for technological development and demonstration; and (vii) to share with trusted third party service providers to help PhotoDay perform activities to improve your customer experience with your consent (“Business Purposes”). Third parties are prohibited from using your personal information beyond providing services to PhotoDay and are required to maintain the information’s confidentiality and privacy.
Where applicable, if PhotoDay intends to further process your personal information for a purpose other than that for which the personal information was initially collected, PhotoDay shall, prior to such processing, provide you with any relevant information on such additional purpose, and, to the extent required by applicable law, obtain your consent for this.
We may disclose the above categories of personal information that we collect (with the exception of biometric information, which we do not disclose without your consent– except to effectuate the purpose for which it was collected– or otherwise sell, lease, trade, or profit from), and have disclosed this information for Business Purposes within the last twelve months, with:
PhotoDay does not sell your personal information to third parties; however, we may share, and have within the last twelve months shared, your device and usage information (i.e., your IP address and mobile network information) and internet and other electronic network activity (i.e., browsing history, search history, preferences, and time spent viewing features) with our advertising partners for the limited purpose of interest-based advertising, as described herein. We may also, from time to time, contact you on behalf of external business partners about an offering that may be of interest to you. In these cases, with your consent, your personally identifiable information would be transferred to the third party.
PhotoDay does not knowingly sell or share any personal information about consumers under the age of eighteen.
PhotoDay is not limited in our use of aggregate information that does not permit direct association with any specific individual, such as the number of users of our services, the geographic distribution of our users, the amount of information located or removed, etc. For example, PhotoDay may use aggregate information concerning which links and pages users access within PhotoDay’s website for many reasons including to determine which PhotoDay products and services are the most popular. This data may be used to deliver customized content and advertising to customers whose behavior indicates that they are interested in a particular subject area.
PhotoDay will disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary (a) to conform to the edicts of the law or to comply with legal process served; (b) to protect and defend the rights or property of PhotoDay; or (c) under exigent circumstances to protect the personal safety of users of the PhotoDay website or the public.
Additionally, PhotoDay may disclose personally identifiable information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
As with any other business, PhotoDay may merge with or be purchased by another company, or have substantially all its assets purchased. If PhotoDay is acquired or has its assets purchased, the company that acquires us or purchases our assets would have access to the information maintained by us, including personally identifiable information, but would continue to be bound by this Policy unless and until it is amended. To the extent that this provision conflicts in any way with any other provision of this Privacy Policy, or the Terms of Use, this provision controls, and you understand that in a merger, acquisition, asset purchase, bankruptcy, or assignment for benefit of creditors, your personal information may be transferred without any further consents from you, so long as the transferee abides by this Policy unless and until it is amended.
Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, product images, or interactive responses to content such as quizzes or surveys, to be published or displayed on public areas of the Service (“User Contributions”). Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through PhotoDay operated public forums and sites, such information may be collected and used by others. We cannot control the actions of other users of the Service with whom you may choose to share your User Contributions. Be careful about what you post online.
When you register, subscribe, create an account, sign up to receive offers or emails from us, or otherwise communicate with us through our Service, you may “opt out” of receiving future communications from us for direct marketing purposes at any time by following the “unsubscribe” instructions in any such communication you receive or by emailing us at support@photoday.io.
PhotoDay only collects and processes the minimum amount of data from you that is necessary to the purposes of our information processing activities and retains such information only if required to fulfill such purposes or otherwise required by law. We will store your personal data for as long as your account is active or we are providing the Service to you and for a period of 3 years following de-activation/deletion of your account or the conclusion of our Service to you, unless applicable laws require us to do otherwise. We may retain your personal data for more than 3 years after deletion of your account to comply with our legal obligations or for our legal protection, in which case your personal data may be retained for a period equal to the applicable statutes of limitation. We will maintain any anonymized data indefinitely.
Photographers and Studios have control over how long jobs and associated materials, including namely photographs, are kept on the Service, which if you are a Customer, would be governed by any agreement you have with any Studio. They can publish or archive the job as they see fit.
Additionally, unless otherwise permitted or required by law, biometric information will be kept and stored only until (1) you specifically request, in writing, to delete such information, if you are a Customer; (2) you delete the account or specific job related to the information, if you are a Photographer or Studio; or (3) it has been a year since the information was collected. Please see our Biometric Information Policy for more details.
PhotoDay takes the security of your personal information very seriously. PhotoDay uses reasonable administrative, physical, and technical safeguards to secure the personal information you share with us. Despite these safeguards and our additional efforts to secure your information, PhotoDay cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your personal information.
The security of your PhotoDay website account relies on your protection of your user profile information. You are responsible for maintaining the security of your user profile information, including your password and for all activities that occur under your account. You may not share your password with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on a PhotoDay website or app.
Any email or other communication purporting to be from one of our websites requesting your password or asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to us immediately by emailing support@photoday.io.. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account and report it immediately by emailing support@photoday.io.
PhotoDay may also participate in interest-based advertising using similar technology. Therefore, you may see advertising on our websites tailored to how you browse or shop, or you may see advertising for PhotoDay and its properties on other websites based on your browsing behavior across websites. Some websites where we may advertise belong to ad networks that use your web browsing history to choose which ads to display on their network websites; these ads include advertising for PhotoDay and its websites. Other websites where you see our ads, such as Facebook, may use interest preferences that you have chosen on those sites, as well as registration and other information about you, to choose which ads to display to you. Some internet browsers, websites such as Facebook and mobile devices offer opt-outs for interest-based advertising. Please refer to the website that you are visiting, your browser, or your device settings for additional information. Generally, you can opt-out of receiving interest-based ads from third parties who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website (http://www.networkadvertising.org/choices/) and DAA website (http://www.aboutads.info/choices/).
We utilize Google Analytics, which stores information about what pages you visit, how long you are on our website, how you got here, and what links you click on. This analytics data is collected via a JavaScript tag in the pages of our website and is not tied to any personally identifiable information. If you would like to opt out of Google Analytics, Google has developed a tool that works with major internet browsers to permit you to opt-out. For more information and to install their opt-out tool, please click here: https://tools.google.com/dlpage/gaoptout.
The Service may contain links to third-party owned or operated websites, including, without limitation, social media websites (each a “Linked Site”), as a convenient method of accessing information that may be useful or of interest to you. This Policy and the practices that we follow under this Policy do not apply to Linked Sites. We are not responsible for the content, accuracy, or opinions expressed on any Linked Site or for the privacy practices or security standards used by third parties on such Linked Sites. These Linked Sites have separate privacy and data collection practices, and we have no responsibility or liability relating to them.
Additionally, other companies which place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.
You understand and agree that by clicking on a link to a Linked Site or a third-party advertisement, you have left our Service and this Policy is no longer in effect.
PhotoDay’s Service is not targeted for use by children under the age of eighteen. PhotoDay does not knowingly collect personal information from children in connection with our Service without the consent of a parent or guardian. PhotoDay requests that all visitors under eighteen do not disclose or provide any personally identifiable information. Upon notification that a child under eighteen has provided us with personally identifiable information, we will delete the child’s personally identifiable information from our records. If you believe we might have any information from a child under the age eighteen, please email us at support@photoday.io.
If you would like to submit a Consumer Request, you can contact us at support@photoday.io or use this form to submit a Consumer Request. If you choose to submit a Consumer Request, you must provide us with enough information to identify you (or your child, if you are a parent), such as your first and last name, child’s first and last name, email address, telephone number, photographer/studio name, and job access code, and enough specificity on the requested data. We will only use the information we receive to respond to your request. We will not be able to disclose information if we cannot verify that the person making the Consumer Request is the person about whom we collected information, or someone authorized to act on such person’s behalf. We will verify your request by comparing the information you provide with the information we have on you (or your child, if you are a parent) and, if your request is submitted by an authorized agent, we will require you to provide signed, written permission for such agent to act on your behalf.
“Personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. “Personal information” does not include publicly available information.
Please note that the categories of personal information, sources, and disclosure will not exceed what is contained in this Policy. Additionally, we are not required to retain any information about you if it is only used for a one-time transaction and would not be maintained in the ordinary course of business. We are also not required to reidentify personal information if it is not stored in that manner already, nor is it required to provide the personal information to you more than twice in a twelve-month period.
We may not, and will not, treat you differently because of your Consumer Request activity. As a result of your Consumer Request activity, we may not and will not deny goods or services to you; charge different rates for goods or services; provide a different level quality of goods or services; or suggest any of the preceding will occur. However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal information.
Personal information or “personal data” means “information that is linked or reasonably linkable to an identified or identifiable individual.” “Personal data” does not include de-identified or publicly available information.
If you would like to submit a Consumer Request, you can contact us at support@photoday.io or use this form to submit a Consumer Request. If you choose to submit a Consumer Request, you must provide us with enough information to identify you (or your child, if you are a parent), such as your first and last name, child’s first and last name, email address, telephone number, photographer/studio name, and job access code, and enough specificity on the requested data. We will only use the information we receive to respond to your request. We will not be able to disclose information if we cannot verify that the person making the Consumer Request is the person about whom we collected information, or someone authorized to act on such person’s behalf. We will verify your request by comparing the information you provide with the information we have on you (or your child, if you are a parent) and, if your request is submitted by an authorized agent, we will require you to provide signed, written permission for such agent to act on your behalf.
To opt out of the sale and sharing of your personal information for all purposes, you can also follow the instructions found here: “Do Not Sell or Share My Personal Information.”
Personal information or “personal data” means “information that is linked or reasonably linkable to an identified or identifiable individual.” “Personal data” does not include de-identified or publicly available information.
If you would like to submit a Consumer Request, you can contact us at support@photoday.io or use this form to submit a Consumer Request. If you choose to submit a Consumer Request, you must provide us with enough information to identify you (or your child, if you are a parent), such as your first and last name, child’s first and last name, email address, telephone number, photographer/studio name, and job access code, and enough specificity on the requested data. We will only use the information we receive to respond to your request. We will not be able to disclose information if we cannot verify that the person making the Consumer Request is the person about whom we collected information, or someone authorized to act on such person’s behalf. We will verify your request by comparing the information you provide with the information we have on you (or your child, if you are a parent) and, if your request is submitted by an authorized agent, we will require you to provide signed, written permission for such agent to act on your behalf.
To opt out of the sale and sharing of your personal information for all purposes, you can also follow the instructions found here: “Do Not Sell or Share My Personal Information.”
We do not sell, rent, or lease your personally identifiable information to third parties. However, if you are a resident of Nevada and would like to submit a request not to sell your personally identifiable information, you may do so by emailing us at support@photoday.io. You may also review and update your personal information at any time by contacting us.
If you choose to submit a Consumer Request, you must provide us with enough information to identify you (or your child, if you are a parent), such as your first and last name, child’s first and last name, email address, telephone number, photographer/studio name, and job access code, and enough specificity on the requested data. We will only use the information we receive to respond to your request. We will not be able to disclose information if we cannot verify that the person making the Consumer Request is the person about whom we collected information, or someone authorized to act on such person’s behalf. We will verify your request by comparing the information you provide with the information we have on you (or your child, if you are a parent) and, if your request is submitted by an authorized agent, we will require you to provide signed, written permission for such agent to act on your behalf.
To opt out of the sharing of your personal information for all purposes, you can also follow the instructions found here: “Do Not Sell or Share My Personal Information.”
Personal information or “personal data” means “information that is linked or reasonably linkable to an identified individual or an identifiable individual.” “Personal data” does not include deidentified data, aggregated data, or publicly available information.
If you would like to submit a Consumer Request, you can contact us at support@photoday.io or use this form to submit a Consumer Request. If you choose to submit a Consumer Request, you must provide us with enough information to identify you (or your child, if you are a parent), such as your first and last name, child’s first and last name, email address, telephone number, photographer/studio name, and job access code, and enough specificity on the requested data. We will only use the information we receive to respond to your request. We will not be able to disclose information if we cannot verify that the person making the Consumer Request is the person about whom we collected information, or someone authorized to act on such person’s behalf. We will verify your request by comparing the information you provide with the information we have on you (or your child, if you are a parent) and, if your request is submitted by an authorized agent, we will require you to provide signed, written permission for such agent to act on your behalf.
To opt out of the sale and sharing of your personal information for all purposes, you can also follow the instructions found here: “Do Not Sell or Share My Personal Information.”
Personal information or “personal data” means “any information that is linked or reasonably linkable to an identified or identifiable natural person.” “Personal data” does not include de-identified data or publicly available information.
If you would like to submit a Consumer Request, you can contact us at support@photoday.io or use this form to submit a Consumer Request. If you choose to submit a Consumer Request, you must provide us with enough information to identify you (or your child, if you are a parent), such as your first and last name, child’s first and last name, email address, telephone number, photographer/studio name, and job access code, and enough specificity on the requested data. We will only use the information we receive to respond to your request. We will not be able to disclose information if we cannot verify that the person making the Consumer Request is the person about whom we collected information, or someone authorized to act on such person’s behalf. We will verify your request by comparing the information you provide with the information we have on you (or your child, if you are a parent) and, if your request is submitted by an authorized agent, we will require you to provide signed, written permission for such agent to act on your behalf.
To opt out of the sale and sharing of your personal information for all purposes, you can also follow the instructions found here: “Do Not Sell or Share My Personal Information.”
PhotoDay is based in the United States, and the Service is hosted here. However, we may process, transfer, and store information about users of the Service on servers located in a number of countries. As a result, your personal information may be subject to data protection and other laws that may differ from your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate. If you use the Service from another country or decide to share your personal information with PhotoDay, you are agreeing to be governed by the laws of the United States, and you are expressly consenting to the collection, processing, maintenance, and transfer of your data to the United States and other applicable territories where the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside or are a citizen.
In particular, please note that neither our website, nor the products and services we offer on our website, nor any other activities we carry out as set out in this Privacy Policy are aimed at individuals based in the United Kingdom or any jurisdiction within the European Economic Area (“EEA”).
PhotoDay may occasionally update this Privacy Policy from time to time and without prior notice to you to reflect changes in our information practices, and any such amendments shall apply to information already collected and to be collected. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page. PhotoDay encourages you to periodically review this Privacy Policy to be informed of how PhotoDay is using and protecting your information. Your continued use of the Service after any changes to our Privacy Policy indicates your agreement with the terms of the revised Privacy Policy.
One of the special features of the Service is that it allows you to enable various online third party services, such as social media and social networking services ("Third Party Services"), to be directly integrated into your PhotoDay experience. By directly integrating these services, we make your online experiences richer, and more personalized. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your log-in information to these service providers for this purpose. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store, and disclose your information is governed solely by the policies of such third parties, and PhotoDay shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.
Please also feel free to contact us if you have any questions about PhotoDay's Privacy Policy at support@photoday.io.
