PRIVACY POLICY
Ographr, Inc. (“Company,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the Company website and mobile application where this Privacy Policy is posted (individually and collectively, the “Service”) (we refer to the Service and the services made available through the Service, collectively, as the “Company Features”). As such, we have established and implemented this Privacy Policy to inform users of the Company Features how we use and protect the information we collect through the Service and the Company Features. By accessing the Service or using any of the Company Features, you consent to Company’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Company Features and not to any other website or mobile application that you may be able to access from the Company Features which may have its own data collection and use practices and policies.
The Service is a platform that enables users (each, a “User”) to directly connect with photographers and videographers (whether an individual person, group or an entity, each, a “Photographer”).
This policy answers the following questions:
· What information do we collect about you and how do we use it?
· Will we share your personal information with third parties?
· What choices do you have about the collection and use of your personal information?
· What security measures do we take to safeguard your personal information?
What information do we collect about you and how do we use it?
Types of Information We Collect
Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access certain areas of the Service, but if you choose not to disclose certain personal information to us, you will not be able to access certain aspects of the Company Features.
We collect personal information when you create an account through the Company Features; participate in registration forms or receive customer or technical support.
To create an account for the Company Features, we require you to provide certain information to create your profile, including your name, email address and phone number. Providing additional information beyond what is required to create an account, such as providing a profile photo, is entirely optional, but enables you to gain more from the Company Features. To ensure a successful meeting, a User must have a profile photo to book a session with a Photographer and a Photographer must have a profile photo to accept bookings with Users. We, or a third party service provider such as Braintree, may also collect financial qualification and billing information, such as billing name and address, bank account information and/or credit/debit card information.
If you are a Photographer signing up for the Service, we will also collect your social security number, driver’s license and/or identification card number in order to conduct a background check on you.
Third Parties
Through the Company Features, you may be able to link to technology, software and services owned and controlled by third parties (the “Third Party Features”). These third party websites may collect information about you when you visit them or otherwise communicate with them. This Privacy Policy does not cover the information practices of third party websites linked to the Service or accessible through the Company Features. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.
For example, we offer features of the Service that allow you to link your account to third party services, such as Facebook. If you sign up for one of these services, we may also collect personally identifiable information, including importing your contact or “friend” information, from these Internet sources and database services.
You may be permitted or required to submit personal information to access Third Party Features. Such use of Third Party Features and submission of information through Third Party Features will be subject to such applicable third party’s terms of use, terms of service and/or privacy policy. You agree to look solely to the applicable third party and not to the Company to enforce your rights in relation thereto.
When you have clicked on a third party logo or URL displayed on the Service or accessible through the Company Features which links you to a Third Party Feature, our ToU no longer applies and you must read the Terms of Use/Service and Privacy Policy of the third party to see how your personal information will be handled on their website.
By submitting personal information through the Service, you authorize the Company to share this personal information for the purposes identified herein and on the Service, such as responding to user inquiries and processing transactions.
How We Use Your Personal Information
The personal information you provide to us will allow us to alert you of new products or services, features, or enhancements; handle your customer service questions or issues; provide for order processing; request feedback; distribute newsletters; and notify you of promotions, contests, surveys updates, or special offers that we think may interest you. We may also use your email address as part of the Company Features in sending you messages about the Company Features and other general announcements. Additionally, personal information, such as your name and profile photo (if uploaded) will be viewable by other users of the Service with whom you communicate. For example, once a User connects with a Photographer, they will each get access to each other’s name and profile photo. Additionally, each of the User and Photographer’s phone number will be shared with each other in order to facilitate communication by phone or through SMS. Our automated systems may analyze your content to provide you with personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection.
We keep track of your interactions with us, including but not limited to your activity within the Company Features. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with the Company, entities acting on behalf of the Company and relevant third parties such as those needed to complete a transaction, collect and maintain our information collection servers, and perform technology and related services. We may use personal information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the Company Features. We may also use your personal information to contact you when necessary.
Geo-location
When you use the Company Features, we may use GPS technology (or other similar technology) to determine your current location. We may share your current location with other users of the Company Features or our partners (including to third parties who are providing Third Party Features). If you do not want us to collect information regarding your location, you should turn off the location services for the mobile application located in your mobile phone settings and/or within the Company Features. Restricting access to your current location, however, may impede our ability to provide you with the requested service.
Do Not Track
Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These browser features are not uniform, so we are not currently set up to respond to those signals.
Analytic Software
The Company Features use analytic software, such as Google Analytics and Mixpanel, to help us learn about who visits the App and the Site and what pages are being viewed.
Log Information
Our servers may automatically record information that your browser sends whenever you visit the Service. This information includes the search engine you used to find the Company Features, if any, which Company Features you use and from where, and when and how long you use them (the “Tracking Technology”). We use this information to monitor and analyze how users use the Company Features, to provide customer service and to maintain and improve the Company Features.
Internet Based Marketing
We may work with third party service providers or advertisers to serve advertisements to you when you use the Company Features or other third party websites or mobile applications across the Internet. Such advertisements may use the Tracking Technology to provide advertisements about goods and/or services that may be of interest to you and analyze and improve the effectiveness of such advertisements.
Children’s Privacy
We do not knowingly collect personal information from children under 13. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times.
Will we share your personal information with third parties?
Sharing of Information
We use your personal information to complete transactions, deliver services your request, respond to your requests and send communications to you about promotions, updates, or special offers (which may be offered by the Company or one of its business partners) that may be of interest to you. We may share your personal information with carefully selected vendors and business partners, including companies that perform business operations for us, under strict terms described below. In addition, we will share the personal information we collect from you under the following circumstances:
· Protection of rights. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Company Features, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Company Features, or (iv) such action is appropriate to protect the rights, property or safety of the Company, its employees, users of the Company Features or others.
· Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of the Company’s assets, user information, including personal information collected from you through your use of the Company Features, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Service.
· Service Providers. We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf. For example, we may partner with other companies to process payments for the Company Features. Additionally, we may partner with other companies to process, analyze and/or store data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.
What choices do you have about the collection and use of your personal information?
Control of Your Information
You may update or delete your personal information or modify your account preferences for the Company Features by updating your profile information. When you delete your account, we may retain your account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.
Opting Out of Receiving Communications from Us
In the event that we send communications to you via email and you no longer want to receive our emails or other announcements, you may opt-out by replying “unsubscribe” to the email you received. Please note that you cannot unsubscribe from certain correspondence from us necessary to administer your account, including messages relating to your account transactions.
Mediation
In the event any dispute or claim arises out of or relating to this Privacy Policy you agree that you and the Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.
What security measures do we take to safeguard your personal information?
The personal information that you provide to us is stored on servers, which are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Company employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Company Features. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Company Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.
Notification of Changes
This Privacy Policy may change from time to time and we will post all changes on the Service.