Updated May 20, 2018
Ubergram, LLC and its on-demand photography services mobile application, FotoGenieApp (hereinafter referred to as “Ubergram, LLC,” “FotoGenieApp”, "FotoGenie" “we”, “us” or “our”) regards the quality of the images we produce and your privacy as our highest priorities.
“Affiliates” means companies related by common marketing relations, part ownership, or part control. They can be financial and non-financial companies. The best example is our SmugMug Affiliate Program that affords many opportunities for photographers to benefit from shooting with FotoGenie.
“Aggregated Information” means information about all of our users or specific groups or categories of users that we combine together so that it no longer identifies or references an individual user.
“Data Controller” means Ubergram, LLC, the company responsible for the use and processing of Personal Information.
“Third Parties” means companies or persons not related by common ownership or control (i.e. non-affiliates) or other unrelated individuals. Third Parties can be financial and non-financial companies, or persons other than you and Ubergram, LLC.
“Personal Information” means information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.
WHAT TYPES OF INFORMATION DOES FOTOGENIEAPP GATHER ABOUT ITS USERS?
Information that you give us. We receive, store and process information, including Personal Information, that you make available to us when accessing or using our Platform and Services. Examples include when you:
- fill in any form on the Platform, such as when you register or update the details of your user account, or when you supply ID and other verification information;
- access or use the Platform, such as to search for a Photographer, make or accept bookings, pay for Photography services, post comments or reviews, or communicate with other users;
- link your account on a Third-Party site (e.g. Facebook) to your FotoGenieApp Account, in which case we will obtain the Personal Information that you have provided to the Third-Party site, to the extent allowed by your settings with the Third-Party site and authorized by you;
- communicate with FotoGenieApp; and
- share information with another Member.
Information we get from your use of our Platform
We also receive, store and process information, possibly including Personal Information, when you access or use our Platform and Services, including but not limited to:
When you use certain features of the Platform, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. GPS-based functionality on mobile devices used to access the Platform or specific features of the platform). If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with FotoGenieApp or logged in to your FotoGenieApp Account, such as your IP Address, the date and time you access or use the Platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, device event information, pages viewed and the order of those pages, and the amount of time spent on particular pages.
Cookies & Tracking Technologies
While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for FotoGenieApp services on Third-Party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.
Third-Party Social Plugins
Our Platform may use social plugins which are provided and operated by Third-Parties, such as Facebook’s Like Button.
As a result of this, you may send to the Third-Party the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the Third-Party, then the Third Party may not know your identity. If you are logged into your account with the Third Party, then the Third Party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the Third Party.
HOW FOTOGENIEAPP USES AND PROCESSES THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE
We use, store and process information about you for the following general purposes:
- to enable you to access and use the Platform;
- to enable you to communicate with other Members, including but not limited to by sending them messages or other information during the Booking process;
- to operate, protect, improve and optimize the Platform, FotoGenieApp’s business, and our users’ experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and to provide customer service;
- to help create and maintain a trusted and safer environment on the Platform and Services, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing our Terms and policies, verifying the address of your profiles, verifying any identifications provided by you (including by comparing the photo on that identification to another photo you provide to us), and conducting checks against databases and information sources (such as but not limited to public government databases) for fraud detection and prevention, risk assessment and harm prevention purposes. In this regard, we may do any or all of the foregoing with or without further notifying you;
- to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
- to send you marketing, advertising, and promotional messages and other information that may be of interest to you, including information about FotoGenieApp, our services, or general promotions for partner campaigns and services. You can unsubscribe or opt-out from receiving these communications by notifying us at Support@FotoGenieApp.com
- to administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by FotoGenieApp or our Third Party business partners; and
- to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with Third Parties.
How FotoGenieApp Uses and Processes User Communications
We may, either directly or through Third-Parties we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Platform may scan and analyze messages to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Customers to send them money outside of the Platform, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending Third-Party marketing messages to you. We will also not sell these reviews or analyses of communications to Third Parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Platform, you consent that Ubergram, LLC, in its sole discretion, may, either directly or through Third-Parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
WHEN FOTOGENIEAPP DISCLOSES OR SHARES YOUR PERSONAL INFORMATION, AND TO WHOM
IMPORTANT: When you use the Platform, your data may be sent to the United States and possibly other countries.
We may transfer, store, use and process your information, including any Personal Information, to countries outside of your jurisdiction. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.
Your Personal Information may be disclosed as follows:
Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Platform to other users for marketing purposes or if you post content in a community forum or other features on the Platform that are visible to the general public.
Your public Profile page will always include some minimum information such as the address, city, and neighborhood you choose to be available for FotoGenieApp requests, your profile description, your calendar availability, your public profile photo, your responsiveness in replying to Customers’ queries, and any additional information you share with other Members. Your public Profile page may also include aggregated demand information (such as number of page views over a period of time). Parts of your public Profile page may be displayed in other parts of the Platform to other Members and/or Third Party platforms for marketing purposes. The Platform may also display the Accommodation’s approximate geographic location on a map, such that a user can see the general area of the Accommodation.
The Platform allows your public profile and public Profile pages to be included in search engines, in which case your public profile and public Profile pages will be indexed by search engines and may be published as search results. This option is enabled by default, and you may opt out of this feature by changing your settings on the Platform. If you change your settings or the information on your public profile or public Profile pages, Third-Party search engines may not update their databases quickly or at all. We do not control the practices of Third-Party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before you change your settings or the information on your public profile or public Profile pages.
When you submit a request to book a FotoGenieApp request, your full name, and the full name of any confirmed Customers staying with you, and other Personal Information you agree to pass through to the Photographer(s) will become visible to the Photographer(s) of any Profile you Book or request to Book. We may also disclose parts of your public profile; your public Wish List; other Member reviews of you; and any additional information you share with other Members. We will not share your phone number unless there is a confirmed booking; if there is a confirmed booking, your phone number will become visible to the Photographer(s)/Customer, who may call you directly.
When your request to book a FotoGenieApp request is accepted by the Photographer(s) or when a Customer books your FotoGenieApp request, we will disclose some of your Personal Information to the Photographer(s) and any confirmed Customer(s). However, your billing and payout information will never be shared with another user.
When a FotoGenieApp service is complete we may ask you to review the Customer or Photographer. If you choose to provide a review, your review may be public on the Platform. Likewise, another Member’s review of you as a Customer or Photographer may be public on the Platform.
You may link your account on a Third-Party social networking site to your FotoGenieApp Account. We refer to a person’s contacts on these Third-Party sites as “Friends”. When you create this linkage:
- some of the information you provide to us from the linking of your accounts may be published on your FotoGenieApp Account profile;
- your activities on the Platform may be displayed to your Friends on the Platform and/or that Third-Party site;
- a link to your public profile on that Third-party social networking site may be included in your FotoGenieApp public profile;
- other FotoGenieApp users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
- other FotoGenieApp users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking site(s);
- the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
- the publication and display of information that you provide to FotoGenieApp through this linkage is subject to your settings and authorizations on the Platform and the Third-Party site.
We may distribute parts of the Platform (including your Profile) for display on sites operated by FotoGenieApp’s business partners and affiliates, using technologies such as HTML widgets. If and when your Profiles are displayed on a partner’s site, information from your public profile page may also be displayed.
We may also engage Third Parties to provide services to us, including but not limited to technology services and services to help verify your identification, to help match the photo on your ID to other photos of yourself you send to us, to conduct checks against databases such as but not limited to public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, to serve targeted ads, and to facilitate the payments or reimbursements you request. We may provide Personal Information about you to these Third Parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. For example, if we hire Third Parties, where permitted by applicable law, to conduct checks against databases such as but not limited to public government databases, we may provide your Personal Information, such as your full name and date of birth, to the Third Parties for the limited purpose of allowing them to conduct such checks, including background or registered sex offender checks, on our behalf. We will ensure that such Third Parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.
We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:
- providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or
- we believe that providing notice would (a) be futile, (b) be ineffective, or (c) would create a risk of injury or bodily harm to an individual or group, or (d) create or increase a risk of fraud upon FotoGenieApp’s property, its Members, the Platform, Application, or Services (collectively, “Risk Scenarios”).
In instances where FotoGenieApp complies with legal requests for user data without notice to the user for the reasons described above, FotoGenieApp will use commercially reasonable efforts to notify that user about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no Risk Scenarios apply.
We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
STATE PRIVACY LAWS
For California & Vermont residents: FotoGenieApp will not share information it collects about you with Affiliates or Third Parties, except as required or permitted by your state’s law.
BUSINESS TRANSFERS BY FOTOGENIEAPP
HOW TO ACCESS, CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR FOTOGENIEAPP ACCOUNT
You may review, update, correct or delete the Personal Information in your FotoGenieApp Account. If you would like to correct your information or cancel your FotoGenieApp Account entirely, you can do so by contacting us at Support@FotoGenieApp.com. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Platform in association with your first name, even after your FotoGenieApp Account is cancelled.
SECURING YOUR PERSONAL INFORMATION
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the security of your transmissions to us and of your Personal Information that we store.
YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES
SPECIAL FEATURES AND PROGRAMS
Referral service and requesting references
The Platform provides a referral service that allows you to invite your friends and contacts to use the Platform. The Platform also allows you to ask your friends and contacts to write a reference for you, to be published on your FotoGenieApp profile.
We may integrate the Platform with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and FotoGenieApp does not collect or retain the contact information that is used to send them.
You may also send invitation/request emails via the Platform itself, in which case we will ask you for the contact information to which to send your invitation/request. You can type in the email addresses or other contact information manually, or you can choose to import the contacts in your address book(s). In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins FotoGenieApp in response to your referral.
If you request us to import your contacts, we will collect, but not store, the username and password for the email account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts.
FotoGenieApp uses “cookies” in conjunction with the Platform to obtain information. A cookie is a small data file that is transferred to your device (e.g. your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Platform to recognize your browser, while another could store your preferences and other information.
Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Platform may not work as intended or may not work at all without cookies.
FotoGenieApp cookies and Third Party cookies
We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, Third Parties may also place cookies on your device for advertising purposes.
There are two types of cookies used on the Platform, namely “persistent cookies” and “session cookies”.
Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Platform.
The Platform may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link.
Uses for FotoGenieApp cookies
- to enable, facilitate and streamline the functioning of the Platform across different webpages, devices and browser sessions.
- to simplify your access to and use of the Platform and make it more seamless.
- to monitor and analyze the performance, operation and effectiveness of the Platform, so that we can improve and optimize it.
- to show you content (which may include advertisements) that is more relevant to you.
- for fraud detection and prevention.
Uses for Third-Party cookies
In addition, Facebook places a cookie via the Platform that allows Facebook to obtain aggregated, non-Personal Information to optimize their services. For example, if a user clicks on an advertisement for the FotoGenieApp mobile app on Facebook and subsequently installs the app, this cookie will inform Facebook that a user (who is not personally identified) has installed the app after clicking on the advertisement. This cookie may also inform Facebook that a user is using the app, without identifying the specific actions taken by the user in the app.
Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Platform. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.
How you can contact us:
1185 Immokalee Road, Suite 120
Naples, FL 34110
Please email: email@example.com
Or call: 323.819.0497
DATA PROCESSING ADDENDUM
Effective May 20, 2018
Collection of Information & Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you:
· Create an account and subscribe to our digital photography, media hosting or other services;
· Purchase photo prints or other products or services;
· Participate in a survey, contest or sweepstakes;
· Contact us for any reason, such as to request help with the Services or to provide us with your comments/feedback; or
· Post information in connection with your photos and galleries (e.g., in a photo caption) or in other forums or interactive areas of the Services.
The types of information we may collect include your name, email address, postal address, phone number, credit card information and other information you choose to provide.
Information We Collect Automatically When You Use Our Services
When you access or use our Services, we automatically collect information about your use of the Services, including:
· Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
· Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, screen resolution, color and depth, device identifiers and mobile network information.
· Location Information: With your consent, we may collect information about the location of your device. For example, we use your location information to provide you with the option to add POI data to your photo.
· Photo Location Information: When you upload a photo with geographical data (i.e. from a mobile device) or manually geotag your photo, we collect the location of that photo. With your consent, we collect information about your location if you take a photo within the FotoGenie mobile application to add to your photo’s metadata.
· EXIF / Metadata Data: Exchangeable Image File Format (“EXIF”) data is a record of the settings and other relevant metadata inserted by a digital camera when you take a photo or video such as camera type, aperture, shutter speed, focal length, and location, among other information. Unless you turn off EXIF data on your camera or device or remove it from the picture before uploading to FotoGenie, FotoGenie receives and stores EXIF data.
Image Recognition Technology
We may use image recognition algorithms to find visually similar images as well as to help you organize your photos and make it easier to search images. This technology might identify and tag scenes, actions, objects, or public figures. It may also help us outline and understand the content of your images so we can offer you specific Services pertaining to that content. We do not disseminate information garnered from the use of image recognition algorithms; all data collected is retained internally, but may be used for marketing or newsletter purposes.
Information Collected by Cookies and Other Tracking Technologies
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site. We may receive updated information about you, such as an updated billing address, from the financial institution issuing your credit card in connection with our billing for the Services.
Use of Information
We may use information we collect to provide and improve our Services, to deliver the products and services you order, to facilitate contests, and to communicate with you. We also use the information we collect to understand how users interact with our services and to personalize our Services.
Sharing of Information
· In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
· If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Ubergram, LLC or others;
· In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
· With your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.
· We may also share aggregated information that does not directly identify you.
Social Sharing Features and Third-Party Integrations
The Services may offer social sharing features and other integrated tools which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features. Additionally, you may give certain third party apps different levels of permissions to interact with your account to take advantage of things like photo editing tools. If you want to stop using one of these apps and revoke your permission, simply delete your account.
Advertising and Analytics Services Provided by Others
Ubergram, LLC takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Photographer & Customer Privacy
At the time the a shoot is scheduled, the Pro Lenser (Photographer) is given the Customer's personal or private business contact information which may include, but is not limited to, email, phone number, address, social media profiles, personal or business website URLs, assistant names, parking information, office suite numbers, apartment numbers etc. The Pro Lenser may only use this information to contact the Customer as a means of providing Services that have been booked through authorized FotoGenie channels. The Pro Lenser may not disseminate this information nor use it to solicit further business. Any violation of this protocol is subject to criminal prosecution under the laws and statutes for unauthorized solicitation in the state where the violation occurred. Violations may be reported directly to Ubergram, LLC headquarters via email: firstname.lastname@example.org
We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
To provide the Services, we may transfer your information to Ubergram, LLC servers in the United States or other countries. When we transfer information from the European Economic Area (“EEA”) to countries that have not been deemed to provide an adequate level of protection, we employ data processing agreements based on the Standard Contractual Clauses to help ensure that your data is protected wherever it is transferred. You may request a copy of these clauses by contacting us at
Privacy & Permissions Settings
In your account “Settings”, you can control who is able to see different parts of your profile, including email address, IM names, real name, and current city. If you choose to use your real name (or include any identifying information as part of your “screen name”) that information will be publicly displayed through the Services. Therefore, please use caution in determining how you wish to be identified in using the Services.
You can delete individual photos that you have on FotoGenie’s SmugMug portal by selecting the photos that you wish to delete, then clicking the delete button. Or you can delete groups of photos using batch operations. We will never delete any images within your gallery.
Photo Sharing Features
EXIF & Metadata Information
By default, FotoGenie will display a link showing EXIF data about photos or video you upload. The link shows on all your individual photo pages, and displays the make & model of the camera you used to take the shot. You can elect to hide this link in “Settings” under the “Privacy & Permissions” tab. Some cameras can store GPS (location) coordinates in a photo’s EXIF header. FotoGenie imports that data and if you choose, FotoGenie can display that data publicly. This setting can be changed through your account “Privacy and Permissions” tab.
When you first launch any of our mobile applications that collect location information, you will be asked to consent to the application’s collection of this information. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device.
A geofence is a hotspot on a map that has special default geo privacy settings. These are useful for locations such as “home” or “school” that you would like to make more private than your global default. Further, you can change the geo preferences setting on individual photos by clicking on the map to the right of each photo.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our Services. To delete or disable flash cookies please visit www.adobe.com/products/flashplayer/security for more information. Please note if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
You may opt out of receiving promotional communications from FotoGenie by following the instructions in those communications or by emailing us at email@example.com If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
Visit your FotoGenie account information area to edit your FotoGenie email notification settings. In an effort to provde the best security to your personal information possible, we may use traditional and third-party email services such as Microsoft Outlook or MailChimp to send you promotional communications as well as general, non-promotional messages.
Residents of the European Economic Area
If you are a resident of the EEA, you have certain rights and protections under the law regarding the processing of your personal information.
Legal Basis for Processing
If you are a resident of the EEA, when we process your personal data we will only do so in the following situations:
· We need to use your personal information to perform our responsibilities under our contract with you (e.g., processing payments for and providing the Services you have requested).
· We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, to communicate with you about changes to our Services, and to provide, secure, and improve our Services.
Data Subject Requests
If you are a resident of the EEA, you have the right to access personal information we hold about you and to ask that your personal information be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you can log into your account and use the settings and features explained above or you may contact us as indicated below.
Questions or Complaints
If you are a resident of the EEA and have a concern about our processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
Policy Addendum June 6, 2018
Ubergram, LLC complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. See the section entitled EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield, below, for more information.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
How We Use the Information We Collect
Anonymous Information: As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We may link this automatically-collected data as well as any information received from third parties to Personal Information.
Personal Information From Third Parties: We may receive Personal Information about you from our customers or partners which we may use to contact you in relation to the Ubergram, LLC Services. This Personal Information will be treated with the same degree of care as any Personal Information you provide directly to us.
We may also offer other internal and third-party services as a part of our website (e.g., contests and other promotions with unaffiliated third parties). If you choose to use or purchase these optional services or photography-related opportunities, we may provide some of your Personal Information to these parties. We will not do so without telling you in advance, and you can avoid having us make such disclosures by choosing not to use these services or features of the website.
Depending on the services you have chosen to use, some or all of your Personal Information may be used by Ubergram, LLC to provide such services. Personal Information may also be provided to intermediaries and third parties, including credit card processors, who assist Ubergram, LLC in providing you with the service you request.
Posting to Social Media
If you choose to use our service to tell a friend about a film or photo you saw on our website, we will ask you for your friend’s name and email address. We will automatically send your friend an email. Your friend may contact us at firstname.lastname@example.org to request that we remove this information from our database.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature.
Based upon the Personal Information you provide us, we may send you a welcoming email or contact you via phone to ascertain your personal information is correct as well as verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, if you have provided such information.
Mobile App & Website Profiles
We store information that we collect through cookies, log files, or tracking tags to create a “profile” of your preferences. We may tie your Personal Information to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the website for you.
Bulletin Board/Blogs/Rate A Creative
If you use a bulletin board or blog or rate a Creative (a “Creative” is the artist responsible for the photograph or film on the Ubergram, LLC | FotoGenie website) on this site, you should be aware that any information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these forums.
A cookie is a small data text file that a website sends to your browser, which is stored on your system. The website can only access the information from a cookie sent by the website. We cannot access cookies sent by other websites or the information contained therein. Additionally, we cannot learn your e-mail address or any other information about you through the use of a cookie. The only way we would learn such information is if you specifically and voluntarily submit that information to us, for example, through a registration system, by purchasing products, or by entering a sweepstakes or promotion.
We provide notification via a “Cookie Banner” that may pop-up in your browser profile. You may decline to accept cookies sent by the website by selecting an option on your browser to reject cookies. However, if at some point we require registration to use the Services, you will be required to log in each time you access the website. Cookies enable our server to know that you are a registered user, and will eliminate the need for you to log in each time you access our website.
We may also employ software technologies with tracking tags (a.k.a. clear gifs/Web Beacons/Web Bugs/tracking pixels), that help us better manage content on our site by informing us what content is effective. Tracking tags are tiny graphics with a unique identifier, similar in function to cookies, that are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, tracking tags are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We may tie the information gathered by tracking tags to our customers’ Personal Information.
We may use tracking tags in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see the “Choice/Opt-out” section below.
Party Collecting the Information
We provide you the opportunity to ‘opt-out’ of having your Personal Information used for certain purposes. For example, in some instances, if you register but do not wish to receive any additional marketing material from us, you can indicate your preference at time of registration. In other instances, you may ‘opt-out’ by logging into your account and changing your preferences. You may also ‘opt-out’ by clicking on links in the marketing emails and following the steps indicated. Finally, you may opt-out of receiving job or project related communications from us. Opt-out requests, other than opt-out decisions made at the time of registration or in direct response to a communication from us, may be sent to email@example.com.
You will not be able to opt out of receiving communications from us which are necessary to use commence, perform and finalize the Ubergram, LLC Services in a timely and acceptable manner.
If you have any questions regarding your choices and opt-out rights, email us at firstname.lastname@example.org.
Access to Personal Information
If your Personal Information changes, or if you no longer desire our service, you may correct, update, delete, deactivate it or simply view or inspect it by contacting us at email@example.com or, if applicable, making the change on your user information page. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. This right to access Personal Information goes for all individuals including those from the United States, the European Union and Switzerland.
EU-U.S. Privacy Shield and SWISS-U.S. Privacy Shield
Our accountability for personal data that we receive under the Privacy Shield and subsequently transfer to a third party is described in the Privacy Shield Principles. In particular, we remain responsible and liable under the Privacy Shield Principles if third-party agents that we engage to process the personal data on our behalf do so in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Ubergram, LLC commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Ubergram, LLC at: firstname.lastname@example.org.
We have further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles or the Swiss-U.S. Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. As further explained in the Privacy Shield Principles, a binding arbitration option before the Privacy Shield Panel will also be made available to you in order to address residual complaints not resolved by any other means. Ubergram, LLC is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this website, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with this website in the federal and state courts of, and in accordance with the laws of, the State of California.
Ubergram, LLC operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our customers. You the consumer are ultimately responsible for the security of your user name and password, if applicable. Please take care to store your user name separately from your account password, or better yet, choose a password that you don’t need to write down at all.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
In the event Ubergram, LLC goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets as well as in the event of a bankruptcy, assignment for benefit of creditors or receivership, your Personal Information may be disclosed and will likely be among the assets transferred. You will be notified via prominent notice on our website for 30 days of any such change in ownership or control of your Personal Information.
Note that we may be required to release Personal Information in response to lawful requests by public authorities including to meet national security and law enforcement requirements.
Your Privacy Rights Regarding Third Party Sharing
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Do Not Track Policy
Our website does not respond to do not track signals or requests.
Ubergram, LLC cares about the safety of children and their use of the Internet. Therefore, in accordance with the Children’s Online Privacy Protection Act of 1998, we will never knowingly request or solicit personally identifiable information from anyone under the age of 13 without verifiable parental consent. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at email@example.com. In the event that we receive actual knowledge that we have collected such Personal Information without the requisite verifiable parental consent, we will delete that information from our database as quickly as is practical.
214 Arizona Avenue
Santa Monica, CA 90403
Please email: firstname.lastname@example.org
Or call: 323.819.0497