PRIVACY POLICY
This Privacy Policy describes Photo Butler’s privacy practices in connection with:
● Services we provide directly to individual consumers through the Photo Butler-branded website and mobile applications (“Consumers”), and
● Services we provide to business customers who use Photo Butler-powered products and services they offer to their own users (“End Users”).
OUR SERVICES
Photo Butler facilitates the ability of Consumer and End Users to share photos with friends, family, and fellow event participants; provides photo organization services based on when and where they were taken and the people, places, and other visual information in them; and to obtain information regarding total attendance, social media shares, and similar aggregate data for specific events, exhibitions, or experience.
If you are a Consumer who uses Photo Butler-branded services, our handling of your personal information is governed by this Privacy Policy.
If you are an End User of one of our business customers, Photo Butler processes your personal information on behalf of the business customer. Our processing of End Users’ personal information is governed by our agreement with that business customer. This Privacy Policy also describes in further detail how we process personal information on behalf of our business customers.
One of the key features that Photo Butler offers Consumers and End Users is the ability to organize photographs related to a specific event or experience using elements of facial recognition technology. This technology also makes it easier to share these photographs with friends, family or fellow event participants.
In the event of any conflict between this Privacy Policy and a business customer agreement, the agreement will control to the extent permitted by applicable law.
This Privacy Policy does not apply to any other services that do not link to this policy, including services provided by our business customers. To the extent Photo Butler shares personal information with our business customers as this Privacy Policy describes, this Privacy Policy does not apply to the business customers’ subsequent use of that information. To learn about how a particular business customer handles your personal information, we encourage you to read the business customer’s privacy statement or contact the business customer directly.
When Consumers and End Users engage with our services, we may collect:
● Profile information, such as phone number, email address, first name, and last name.
● Photographs, including photographs from your mobile device of you and others. When you join or create a Photo Stream, you will have the opportunity to either manually upload photographs or automatically upload all photographs you take with your phone camera or other device during the Photo Stream.
● Metadata associated with the photographs you upload (e.g., geotags).
● Cookies, web beacons, tracking pixels and other technologies. Photo Butler may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our website. We may also use cookies or other tracking technologies provided by third-party analytics companies, such as Google Analytics, to collect information such as how often users visit the website, what pages they visit and for how long, what other sites they used prior to coming to the website, and other engagement data (including how you interact with our emails). Photo Butler uses this information to evaluate and improve our services.
● Information collected by our servers, such as the referring/exit pages, your browser type, domain name, date/time stamp for your visit and your Internet Protocol (IP) address (a number that is automatically assigned to your computer or device when you use the Internet). Photo Butler uses this information to analyze trends, administer our services, monitor for fraudulent activities using fraud management tools, and better tailor the services to Consumers’ needs.
● Mobile service data, such as your general geographic location, how you use the application(s), and information about the type of device you use. This information is generally used to help deliver the most relevant information to you. In addition, in the event our application crashes your mobile device, Photo Butler will receive information about your mobile device model, software version and device carrier, to identify and fix bugs and otherwise improve the performance of our applications. This information is sent to Photo Butler as aggregated information. The aggregated information is not used to identify an individual.
● Facebook and other social networking services data, including recent activity and posts on connected accounts, when Consumers allow Photo Butler to access Facebook and other social networking sites (each, an “SNS”). The information that your Facebook or other SNS account provides to Photo Butler may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.
● Location information, if you have enabled location services on your phone and that information is associated with any photos that you share with Photo Butler, you agree to our collection and use of the associated location information. If you do not want Photo Butler to collect this information, you may adjust the location services settings on your device. In some cases, if you decline to provide information to Photo Butler, we will not be able to provide certain services, capabilities, or features to you.
Information about Consumers and End Users
We use personal information of Consumers and End Users for:
o Facilitate the creation of, and secure and maintain your application profile;
o Identify you as a legitimate user in Photo Butler’s system;
o Provide improved administration of our services;
o Provide the services you request, including creation of Photo Streams and identification of individuals in uploaded photographs;
o Improve the quality of experience when you interact with our services;
o Send you an e-mail or SMS to verify ownership of the email address or telephone number provided when your profile was created;
o Send you administrative email notifications, such as security or support and maintenance advisories; and
o With respect to End User information, for any purposes at the direction of the business customer.
● Creation of anonymous data: To continuously improve Photo Butler’s technology, we may anonymize your personal information, including the photos you share with Photo Butler, and use that data to train our algorithms and data models, test and improve how existing products and services look and function, develop enhancements and new capabilities and features, and for other business purposes.
● Compliance, fraud prevention and safety: We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with legal and contractual requirements; (c) enforce the terms and conditions that govern our services; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including without limitation cyber-attacks, cyber-bullying or stalking, and identity theft.
Information about Consumers
If you are a Consumer engaging with Photo Butler-branded services, we may also use your information for:
● Marketing in the form of Photo Butler-related marketing communications. You will have the ability to opt out of our marketing and promotional communications as described in the “Privacy Choices” section below.
● Interest-based advertising by contracting with third-party advertising companies and social media companies to display ads on our services and other sites. These companies may use cookies and similar technologies to collect information about our Consumers (including the device data and online activity data described above) over time across our services and other sites or your interaction with our emails, and use that information to serve ads that they think will interest you. These ads are known as "interest-based advertisements." You can learn more about your choices for limiting interest-based advertising, in the “Privacy Choices” section below.
We may share personal information:
● At the direction of our business customers, if you are an End User of one of our business customers.
● With service providers that perform services on our behalf or help us operate our services (such as customer support, hosting, analytics, email delivery, marketing, and database management services). These service providers may use your information only as directed or authorized by us and in a manner consistent with this Privacy Policy and are prohibited from using or disclosing your information for any other purpose.
● At your direction, we may share your photographs and some of your profile information with other Consumers or End Users.
● In the context of a business transfer, we may sell, transfer or otherwise share some or all of our business or assets, including information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.
● To comply with the law: we may be required to disclose your information to comply with applicable local, state, federal, or international laws or regulations, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities or court orders, or for the compliance, fraud prevention, and safety reasons described above.
We implement administrative, technical and physical measures in an effort to safeguard the information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information.
Consumers and End Users are responsible for establishing unique credentials to access their profiles. All users are responsible for any actions on their profiles that result from access to the accounts with users’ valid credentials, except where the user, or the business customer, notified Photo Butler at privacy@photobutler.com that the credentials have been compromised.
We retain personal information in accordance with all applicable laws and for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Our services are not directed at children under the age of 13, and our Terms of Service do not allow children under 13 years of age to use our services. If we learn that we have collected information of a child under the age of 13, we will delete it. We encourage parents with concerns to contact us at privacy@photobutler.com.
Our website may contain links to third party websites. When you click on a link to any other website or location, you will leave our website and go to another site and another entity may collect personal and/or anonymous information from you. Photo Butler’s provision of a link to any other website or location is for your convenience and does not signify Photo Butler’s endorsement of such other website or location or its contents. Photo Butler has no control over, does not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites. We encourage you to read the privacy policy of every website you visit.
● Cookies
o As described in the “Types of Information Photo Butler Collects” section above, when you visit the Photo Butler website, we may place cookies on your device. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, our website may not work properly. Similarly, your browser settings may allow you to clear your browser web storage. For more information on your choices, please see the Online Tracking Opt-Out Guide
o Some web browsers transmit “do not track” signals to the websites and other online services with which your web browser communications. There is currently no standard that governs what, if anything, websites should do when they receive these signals. Photo Butler currently does not take action in response to these signals. If and when a standard is established, Photo Butler may revise its policy on responding to these signals.
● Opt-out of push notifications
o When you use a Photo Butler application, you may opt out of push notifications we may send you by changing the settings on your mobile device.
o Some Photo Butler-powered apps may also offer this choice to End Users, depending on how the business configured their product or service.
● Device permissions
o When you use a Photo Butler application, you may revoke any permissions you previously granted to us, such as permission to access your camera or camera roll, in the settings menu on your mobile device.
● Opt-out of email or SMS communications
o We may send email or SMS communications to Photo Butler Consumers.
o If you have signed-up to receive our email marketing communications, you can unsubscribe at any time by clicking the "unsubscribe" link included at the bottom of the email or other electronic communication. Alternatively, you can opt out of receiving marketing communications by contacting us at the contact information under "Contact Us" below.
o If you provide your mobile phone number to us, Photo Butler may send you notifications by SMS, such as to verify your identity. You may opt out of SMS communications by removing your mobile phone number from your application profile.
● Opt-out of location tracking
o Consumers using our application(s) can control our collection of location data using their mobile device’s settings. Please note, however, that if you withdraw consent to Photo Butler’s collection of location information, you may no longer be able to use some features of our services.
We are providing this supplemental privacy notice to Consumers in California, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). This section does not apply to End Users. End Users should submit their requests to the relevant business customer and Photo Butler will cooperate with the business customer pursuant to our agreement.
We do not sell our Consumers’ personal information in the traditional sense. As we explain in this Privacy Policy, we use cookies and other tracking technologies to analyze website and application traffic and use, and to facilitate advertising. To limit use of cookies and other tracking technologies, please review the instructions provided in the Online Tracking Opt Out Guide.
The CCPA grants California residents the following rights.
● Information: You can request information about how we used and shared your personal information through the Photo Butler Services during the past 12 months.
● Access: You can request a copy of the personal information that Photo Butler maintains about you.
● Deletion: You can ask to delete the personal information that Photo Butler maintains about you.
● Opt-out of sale of your personal information: We do not sell personal information. We offer instructions on how to limit online tracking in the Online Tracking Opt Out Guide.
Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing certain sensitive information in response to an access request and limiting the circumstances in which they must comply with a deletion request.
You are entitled to exercise the rights described above free from discrimination.
We describe the sources through which we collect personal information and the types of personal information collected in the “Types of Information Photo Butler Collects” section above. We describe the purposes for which we use and share this information in the “How Photo Butler Uses Your Information” section above and the “How Photo Butler Shares Your Information” section above.
Here is how you can submit requests:
● To request access to or deletion of personal information collected via your use of our website or applications, please email us at privacy@photobutler.com.
● To learn how to limit tracking, please see the Online Tracking Opt Out Guide.
● To verify your identity prior to responding to your requests, we may ask you to confirm information that we have on file about you or your interactions with us. Where we ask for additional personal information to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.
● Authorized agents: California residents can empower an “authorized agent” to submit requests on their behalf.
The information provided in this “Notice to European Users” section applies only to our Consumers in the European Union, the European Economic Area or the United Kingdom (collectively, “Europe”). This does not apply to our business customers’ End Users. End Users should submit their requests to the relevant business customer and Photo Butler will cooperate with the business customer pursuant to our agreement.
Personal information
Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.
Controller and EU and UK representative
The controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is Photo Butler Inc., One International Place, Suite 2610, Boston, MA 02110.
Our EU representative is:
VeraSafe Czech Republic s.r.o.
Klimentska 46
Prague 1, 11002
Czech Republic
VeraSafe Netherlands BV
Keizersgracht 555
1017 DR Amsterdam
Netherlands
Our UK representative is:
VeraSafe United Kingdom Ltd.
37 Albert Embankment
London SE1 T7L
United Kingdom
You may contact any one of the above representatives at: article27@verasafe.com.
Legal bases for processing
The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. If you have questions about the legal basis of how we process your personal information, contact us at privacy@photobutler.com.
|
Processing purpose (click link for details regarding processing purposes) |
Legal basis |
|
Biometric information used to identify you in our services |
Processing is based on your consent where that consent is required by applicable law. |
|
Service delivery |
Processing is necessary to perform our contract, or to take steps that you request prior to engaging our services. Where we cannot process your personal data as required to operate our services on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or services you access and request. |
|
Marketing Interest-based advertising |
Processing is based on your consent where that consent is required by applicable law. Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business. |
|
Creation of anonymous data |
These activities constitute our legitimate interests. |
|
For compliance, fraud prevention and safety |
Processing is necessary to comply with our legal obligations. |
|
With your consent |
Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in our services. |
We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.
European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
● Access: Provide you with information about our processing of your personal information and give you access to your personal information.
● Correct: Update or correct inaccuracies in your personal information.
● Delete: Delete your personal information.
● Transfer: Transfer a machine-readable copy of your personal information to you or a third party of your choice.
● Restrict: Restrict the processing of your personal information.
● Object: Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
You may submit these requests by email to privacy@photobutler.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may email us at the address provided above or submit a complaint to the data protection regulator in your jurisdiction.
Processing of personal information in the United States
To provide our services we will process your personal information in the United States for the purposes we have set out in this Privacy Policy. If such processing involves the transfer of personal information to the United States in a manner governed by European data protection law, the transfer will be performed pursuant to the applicable requirements of the law, such as standard contractual clauses, the individual’s consent, or in other circumstances permitted by European data protection law.
This Privacy Policy is subject to occasional revision. Photo Butler will notify you of any material changes in its collection, use, or disclosure of your personal information by posting a notice on our website and within the apps. Any material changes to this Privacy Policy will be effective thirty (30) calendar days following notice of the changes on our website and within the applications. These changes will be effective immediately for new users of our services. If you object to any such changes, you must notify Photo Butler prior to the effective date of such changes that you wish to deactivate your profile. Continued use of our services following notice of any such changes shall indicate your acknowledgement of such changes.
If you have any questions or complaints about this Privacy Policy or Photo Butler’s data collection or processing practices, or if you want to report any security violations to Photo Butler, please contact Photo Butler by email at:
Or by mail at:
Photo Butler Inc.
One International Place, Suite 2610
Boston, MA 02110
Like many companies online, we may use services provided by Google, Facebook, Twitter and other companies that use tracking technology. These services rely on tracking technologies – such as cookies and web beacons – to collect directly from your device information about your browsing activities, your interactions with websites, and the device you are using to connect to the internet. There are a number of ways to opt out of having your online activity and device data collected through these services, which we have summarized below:
● Blocking cookies in your browser: Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit: www.allaboutcookies.org.
● Blocking advertising ID use in your mobile settings: Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
● Using privacy plug-ins or browsers: You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers. You can also opt-out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
● Platform opt-outs: The following advertisers offer opt-out features that let you opt-out of use of your information for interest-based advertising:
o Google: https://adssettings.google.com
o Facebook: https://www.facebook.com/about/ads
o Twitter: https://twitter.com/settings/personalization
● Advertising industry opt-out tools: You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:
o Digital Advertising Alliance for Websites: https://optout.aboutads.info
o Digital Advertising Alliance for Mobile Apps: https://www.youradchoices.com/appchoices
o Network Advertising Initiative: https://optout.networkadvertising.org/?c=1
Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, so you will need to opt out on every browser and device that you use.