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Privacy Policy
Last Updated: January 2025
Phototastic LLC dba Photo Engineers is committed to protecting your privacy under the law in the way we collect, process, use, and protect Personally Identifiable Information (PII). This Privacy Policy outlines the kinds of PII Photo Engineers collects via its Website and App(s), how the PII is used, processed, and secured, as well as Website and App(s) User rights pertaining to said PII.
Company Information
Company is Phototastic LLC doing business under the trade name Photo Engineers.
Definitions
“Photo Engineers,” “Company,” “We,” and “Our” refers to Photo Engineers Inc.
“Website” refers to photoengineers.com and any subdomains.
“App(s)” refers to the Photo Engineers App(s) including but not limited to Clickerbooth and romr.
“Operator Customer(s)” refers to those using the Photo Engineers Website or App(s) to collect the PII of a particular consumer and determining the specifics of PII processing of a particular consumer. Operator Customer(s) is often an enterprise or organization using Company Website or App(s) for a commercial purpose at events.
“User” and “You” refer to those visiting and accessing Company Website or App(s). “Personally Identifiable Information (PII)” refers to information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
Acceptance Of This Privacy Policy
Continued use of Company Website, App(s), or other interaction with Company, constitutes acceptance of this Privacy Policy. Further, this Privacy Policy is incorporated into the Company’s Terms of Service [1] (Terms). Acceptance of the Terms of Service is also required. By continued use of Company Website, App(s), or other interaction with Company, you certify that you have read and understood both this Privacy Policy and the Terms of Service and agree to be legally bound by them.
Scope of Privacy Policy
The scope of this Privacy Policy applies to Company’s processing of PII including information collected via the Website, App(s), or other potential points of contact or collection when Company determines the specifics of PII processing. This Privacy Policy does not apply when Operator Customer, and not Company, determine the specifics of PII processing, such as with PII processed via the “lead capture” functionality. In such instances, Company processes PII at the direction of Operator Customer, and Operator Customer is the "data controller" while Company is a "data processor." Where Operator Customer is the "data controller," processing of PII will be subject to the respective privacy policy and practices of Operator Customer.
The Categories Of PII Collected
Company collects a range of PII from various sources. Here, Company outlines both the kinds of PII collected as well as how such PII is collected.
PII Provided Directly To Company
When User interacts with Company, whether through the use of Website, App(s), placing an order, contacting Company via phone, email, or other means, by creating an account, or signing up for Our newsletter, among other interactions; various kinds of information is collected from or provided by User. Such information may include name, email address, photographs, videos, phone number, mailing address, payment information, and IP address, among other information. User warrants that they are authorized to provide any PII supplied to Company.
PII Provided To Company Through Service Providers
Company’s affiliates and service providers may collect information from you on Our behalf. For example, User may receive prompts or emails requesting PII, such as via a survey, for the submission of a review, or to participate in a contest or sweepstakes. Said PII may include but is not limited to User’s name and email address. Any PII that you share with service providers will be subject to their respective policies and will not be subject to the practices and protections outlined in this Privacy Policy.
PII You Post
Certain information you post may be viewable by the general public. Examples include posting an image or video from one of our Apps to a public gallery or creating a public profile. Therefore, care should be taken concerning what appears in your photographs, public profiles, and other information that will be publicly visible.
PII We May Get From Others
We may get PII from service providers and third parties to conduct Our business more effectively or market Company products and services. For example, Company may use User validation or data enrichment services to ensure that Company has accurate payment information or to attain a better ad targeting profile of a User to send them digital or direct marketing messages. We may also get PII about you from other Users, for example, if someone sends you a photo or shares access to Photo Engineers settings with you.
PII We May Get On Our Own
Company may collect User PII from publicly available sources and the public domain.
Information Automatically Collected, Cookies, And Related Technology
When User visits Company Website or App(s), Company may automatically collect various kinds of PII. The uses of this information, whether it be logs, device information, or via the placement of cookies, tags, scripts, beacons, or software development kits (SDKs), range from being able to effectively run Company Website or App(s) and avoiding abuse to being able to more effectively market Company products and services to both potential Users as well as past Users. PII automatically collected by Company may include account information, IP address, MAC address, browser, device, location, usage data, and operating system type, among other information.
Cookies
Cookies are snippets of data stored on your computer or mobile device when accessing a website. The uses of cookies range from those that help identify users, ensure preferences and account login information are maintained, or identify users as they browse the web for targeted advertising.
Company also engages various technology and advertising partners who may also collect PII from Users via their own cookies present on Company Website or App(s). These cookies are subject to the privacy policies of these respective companies.
Categories Of Cookies Utilized By Company
Essential Cookies
Essential cookies help Company operate its Website and App(s), are essential, and are therefore always in use. These cookies might assist in identifying User choices when it comes to accounts and cookie choices and prevent abuse of Company Website and App(s).
Performance, Functional, And Analytical Cookies
Performance, functional, and analytical cookies help to improve the functionality and performance of Company Website and App(s) and may include cookies relating to basic analytics, cache, and speed, among other uses. Blocking cookies of this type may affect the performance and experience of the Website and App(s)
Advertising And Social Media Cookies And Pixels
Advertising cookies collect User information that makes tailored and targeted advertising possible in addition to the ability to measure advertising performance. Social media cookies allow User to connect to social media platforms and share content from Website and App(s). Blocking these cookies may diminish the relevance of the advertising you are served and limit your ability to share content and make use of linking to varying social media platforms. Advertising and social media cookies are generally provided by other companies and are therefore subject to said companies’ respective privacy and data protection policies.
Blocking Cookies
While Company does not recognize “do not track” signals at this time, User can make use of cookie blocking functionality offered by many browsers to limit the kinds of cookies utilized by Company.
The Cookies We Utilize
Below is a chart of the cookies Company utilizes. Note that this may not be an exhaustive list but represents the kinds of cookies used.
Essential Cookies (Strictly Necessary)
Essential Cookies Photo Engineers “Remember Me” login cookie
Other essential cookies
Performance And Analytical Cookies
Google Analytics
Advertising And Social Media Cookies And Pixels
Google Ads
How Collected PII Is Used
PII provided to Company is used for a variety of purposes including the following:
To respond to inquiries;
To manage User accounts;
To operate, improve, troubleshoot, and maintain Company Website, App(s), and overall business such as through analytics;
To run contests and sweepstakes;
To develop new products and services;
To protect Company;
For the processing of payments;
To provide products and services;
For the provision of marketing communications including via email, text, and phone; and
To employ a variety of advertising including targeted ads based on interests and other data markers as well as tracking and measurement.
Photos And Face Recognition
Company does not use any facial recognition technology or other technical means of processing biometric data for the unique identification of photos.
How Collected PII Is Shared
Company does not disclose User's PII to third parties, except in the following scenarios:
To companies and vendors that provide services to Company or perform functions on Company’s behalf and have agreed to use your information only for the purposes Company delineates, to include payment processors, marketing and advertising services, among others;
To unrelated entity partners and companies to engage in joint marketing activities;
When Company believes disclosure is appropriate to comply with applicable law, legal process, and regulatory authorities;
When Company believes disclosure is appropriate to enforce Our Terms and other agreements or to protect Company’s rights, Company’s Users, Company’s property, Company’s employees, or others;
If Company is involved in a business transfer such as a merger, acquisition, bankruptcy, partial or total sale of assets, or other corporate change; and
When User requests or consents to additional sharing or transfer.
Company may disclose or otherwise share information that is not PII (PII) due to anonymization or some other method that results in aggregate data not subject to de-anonymization.
How To Manage Your PII And Communication Preferences
We want to ensure that Users are able to manage the kinds of PII we collect, process, and store to the extent possible and in accordance with relevant laws and regulations.
PII Provided To Us
Where Company has collected User's PII based on User providing it, User may have the right to delete said PII. Users can do this by contacting Company at hello@photoengineers.com or deleting User’s account after logging in on the Website or App(s).
PII Collected Automatically
At this time, Company does not respond to “do not track” signals of web browsers. With that said, browsers and devices offer a number of tools that allow Users to control whether certain kinds of PII are collected by Company, and Company encourages Users to make use of such options should they wish.
Opting Out Of Marketing Communications
Certain communications, such as marketing emails can be terminated by accessing the unsubscribe link at the bottom of the email.
For Residents Of California
To the extent Company is subject to California privacy laws, Users residing in California are afforded the additional rights listed below.
The Right To Notice Of Categories Of PII Collected
Company may collect the following categories of PII as per the definitions outlined under California law:
Identifiers;
Characteristics of protected classifications;
Geolocation data;
Internet/electronic activity;
User records information;
Commercial information; and
Inferences drawn from the categories described above in order to create a profile about User to reflect User preferences, characteristics, behavior, and attitudes.
See the section titled The Categories Of PII Collected for additional details on the PII collected by Company.
The Right To Notice Of How Collected PII Is Used
See the section titled How Collected PII Is Used to understand how Company uses information.
The Right To Notice Of How Collected PII Is Shared
Please see the section titled How Collected PII Is Shared to understand how Company shares information.
A Note On PII Shared With Online Advertising Platforms
The PII Company shares include online identifiers such as IP addresses and device identifiers for online advertising. These identifiers being shared make it possible for Company to advertise to Users via platforms such as Facebook and Google. Said platforms may use this data to provide advertising services to others as well. Sharing this information with these service providers may be considered a “sale” of PII under California law but Company does not receive money in return and the information shared does not include User’s name or other contact information.
The Rights Of Access, Deletion, And Equal Service
As a resident of California, Users also have the following rights (subject to exemptions under the law):
Access: The right to request to know the categories of PII Company collects, the purpose for collecting and using such information, the categories and sources of said information, the categories of parties Company shares or sells PII to (if applicable), and the specific PII Company has collected about you;
Deletion: The right to request deletion of PII Company collects or maintains;
Opt-Out: The right to opt-out of any sale of PII; and
Non-Discrimination: The right to non-discriminatory treatment for exercising your rights under California law.
How To Exercise Your Rights Under California Law
To exercise your rights under California law, such as that of access, deletion, opt-out, and non-discrimination, please contact Company via hello@photoengineers.com. We will employ verification procedures in line with California law to ensure that you are authorized to exercise these rights.
For Residents Of Nevada
Company does not sell User's PII as per the definition of "sale" under Nevada's Revised Statutes Chapter 603A.
Other State-Specific Privacy Laws
To exercise your rights under other state-specific privacy laws, including as it relates to access, deletion, opt-out, and non-discrimination, please contact Company via Our contact page.
For Residents Of The UK, EU And EEA
As per the UK and EU General Data Protection Regulation (GDPR), residents of the United Kingdom (UK), the European Union (EU), and European Economic Area (EEA), are afforded rights pertaining to the processing of their PII. “User” and “You” in this section refer to residents of the UK, EU, or EEA who are visiting and accessing Company Website or App(s).
Data Controller Vs. Data Processor
Company, in its general operations, is ordinarily deemed a data controller under the GDPR as opposed to a data processor. For this reason, data processing inquiries and requests relating to the rights afforded under the GDPR should be directed to Company.
The Legal Bases For Processing Of PII
As per the GDPR, Company utilizes a variety of legal bases for the processing of User’s PII, which are listed below:
Consent
Company may process PII on the basis of User’s consent; at times, implicit consent where allowed, and at times explicit consent, where required.
Contract
Company may process User PII to meet obligations necessary under a contract with User, to take action based on User request, in anticipation of forming a contract with User, or as is otherwise necessary for Company’s contractual relationship with User.
Legal Obligation
Company may process, use, or disclose PII when necessary to comply with a legal obligation.
Vital Interests
Company may process, use, or disclose PII where necessary to protect the vital interests of an individual.
Legitimate Interests
Company may process PII on the grounds of legitimate interests of Company or third parties where such interests are not overridden by balancing the interests and fundamental rights of Users.
The legitimate interests of Company may include:
Marketing activities;
Analyzing and improving Company;
Protecting the interests of Company, Users, and employees;
Order fulfillment; and
Among other activities which benefit Company.
Rights Afforded Under The GDPR
The Right To Be Informed
For information about the kinds of PII collected, processed, shared, and stored, please refer to the sections titled The Categories Of PII Collected, How Collected PII Is Used, and How Collected PII Is Shared. Further, please review the section titled Cookies for information about which cookies are utilized as well as how to block such cookies.
The Right Of Access
User's may have the right to access and receive a copy of their PII. To exercise this right, please contact Company via the contact page.
The Right Of Rectification
User's may have the right to rectify their PII. To exercise this right, please contact Company via the contact page.
The Right To Erasure
User's may have the right to the erasure of their PII. To exercise this right, please contact Company via the contact page.
The Right To Restrict Processing
User's may have the right to restrict the processing of their PII. To exercise this right, please contact Company via the contact page.
The Right To Data Portability
User's may have the right to portability of their PII. To exercise this right, please contact Company via the contact page.
The Right To Object
User's may have the right to object to the processing of their PII. To exercise this right, please contact Company via the contact page.
Rights Relating To Automated Decision-making Or Profiling
User's may have rights if Company conducts automated decision-making or profiling. Currently, Company does not conduct such activities.
International Transfers of Data
Company is based in the United States and the recipients of PII Company collects and shares, as is outlined under the "How Collected PII Is Shared" above, may also be located in the United States or some other jurisdiction. PII may be transferred, stored, and processed on servers outside of User’s jurisdiction of residence, where privacy protections are lesser than those of User’s jurisdiction of residence. Continued use of Company Website, App(s), or other interaction with Company, constitutes consent to such transfer.
Data Retention Policy
User’s PII is retained for as long as it can be used for the purpose it was collected, or for the lifetime of the account being active, whichever is longer, and for any additional purposes related to the improvement of the business and to protect the rights and interests of Company.
Securing PII
Company implements reasonable safeguards in line with its sector to protect User's PII.
Third-Party Websites
Third-party websites and services, whether accessed via a link on Company Website or App(s), to make a payment via an embedded or outside processor or to login to your User account on Company Website or App(s) through a third-party service (such as a social media platform), are subject to the respective third party’s policies and are not governed by this Privacy Policy.
Children’s Privacy
Company’s services are not aimed at children under the age of 16[4] [5] [6] and Company does not knowingly collect PII from children under the age of 16. Should you be the legal guardian of someone younger than 16 that has provided Company with their PII, please contact us via hello@photoengineers.com and Company will take the necessary steps to delete such information. Further, if You are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Photo Engineers Website or App(s) under the supervision of a parent or legal guardian who agrees to be bound by this Privacy Policy and associated Terms.
Severability
Any part, provision, or representation of this Privacy Policy that is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
Changes To This Privacy Policy
Privacy and data protection laws are dynamic and subject to changes, which will likely result in Our Privacy Policy being updated. Company encourages Users to regularly review this Privacy Policy to stay updated on Our practices as it relates to the collection, use, sharing, and protection of PII. Continued use of Company Website, App(s), or interaction with Company after updates to the Privacy Policy will be governed by the updated policy.
Contact Information
Questions concerning this Privacy Policy should be directed to Company via hello@photoengineers.com.