Last Updated: March 31, 2016
“Affiliates” means companies related by common ownership or control. They can be financial and non-financial companies.
“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 PhotoSesh, 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 PhotoSesh.
“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 PHOTOSESH 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 PhotoSesh 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 PhotoSesh; 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 PhotoSesh or logged in to your PhotoSesh 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 and other 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 PhotoSesh 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 PHOTOSESH 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, PhotoSesh’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 PhotoSesh, our services, or general promotions for partner campaigns and services. You can unsubscribe or opt-out from receiving these communications by notifying us at firstname.lastname@example.org;
- to administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by PhotoSesh 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 PhotoSesh 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 PhotoSesh, 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 PHOTOSESH 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 PhotoSesh 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 PhotoSesh 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 PhotoSesh request is accepted by the Photographer(s) or when a Customer books your PhotoSesh 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 PhotoSesh 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 PhotoSesh 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 PhotoSesh 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 PhotoSesh public profile;
- other PhotoSesh 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 PhotoSesh 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 PhotoSesh 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 PhotoSesh’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 PhotoSesh’s property, its Members, the Platform, Application, or Services (collectively, “Risk Scenarios”).
In instances where PhotoSesh complies with legal requests for user data without notice to the user for the reasons described above, PhotoSesh 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: PhotoSesh 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 PHOTOSESH
HOW TO ACCESS, CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR PHOTOSESH ACCOUNT
You may review, update, correct or delete the Personal Information in your PhotoSesh Account. If you would like to correct your information or cancel your PhotoSesh Account entirely, you can do so by contacting us at email@example.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 PhotoSesh 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 PhotoSesh 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 PhotoSesh 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 PhotoSesh 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.
PhotoSesh 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.
PhotoSesh 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 PhotoSesh 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 PhotoSesh 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
221 River Street, 9th Floor
Hoboken, NJ 07030
Customers please Email: firstname.lastname@example.org
Photographers please email: email@example.com
Collection of your Personal Information
PhotoSesh may collect personally identifiable information, such as your name. If you purchase PhotoSesh's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. PhotoSesh may also collect anonymous demographic information, which is not unique to you, such as your age. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by PhotoSesh. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the PhotoSesh website.
PhotoSesh encourages you to review the privacy statements of websites you choose to link to from PhotoSesh so that you can understand how those websites collect, use and share your information. PhotoSesh is not responsible for the privacy statements or other content on websites outside of the PhotoSesh website.
Use of your Personal Information
PhotoSesh collects and uses your personal information to operate its website(s) and deliver the services you have requested.
PhotoSesh may also use your personally identifiable information to inform you of other products or services available from PhotoSesh and its affiliates. PhotoSesh may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
PhotoSesh may sell, rent, or lease customer information to third parties for the following reasons: research, marketing, solicitation, updates, payment alerts, and other notifications.
PhotoSesh may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. PhotoSesh may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to PhotoSesh, and they are required to maintain the confidentiality of your information.
PhotoSesh may keep track of the websites and pages our users visit within PhotoSesh, in order to determine what PhotoSesh services are the most popular. This data is used to deliver customized content and advertising within PhotoSesh to customers whose behavior indicates that they are interested in a particular subject area.
PhotoSesh will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on PhotoSesh or the site; (b) protect and defend the rights or property of PhotoSesh; and, (c) act under exigent circumstances to protect the personal safety of users of PhotoSesh, or the public.
The PhotoSesh website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize PhotoSesh pages, or register with PhotoSesh site or services, a cookie helps PhotoSesh to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same PhotoSesh website, the information you previously provided can be retrieved, so you can easily use the PhotoSesh features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the PhotoSesh services or websites you visit.
Security of your Personal Information
PhotoSesh secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
PhotoSesh does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Disconnecting your PhotoSesh Account from Third Party Websites
You will be able to connect your PhotoSesh account to third party accounts. BY CONNECTING YOUR PHOTOSESH ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED INTHIS MANNER, DO NOT USE THE THIS FEATURE. You may disconnect your account from a third party account at any time. Users may learn how to disconnect their accounts from third-party websites by contacting us via email at firstname.lastname@example.org.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from PhotoSesh by contacting us here:
Changes to this Statement
PhotoSesh will occasionally update this Statement of Privacy to reflect company and customer feedback. PhotoSesh encourages you to periodically review this Statement to be informed of how PhotoSesh is protecting your information.
PhotoSesh welcomes your questions or comments regarding this Statement of Privacy. If you believe that PhotoSesh has not adhered to this Statement, please contact PhotoSesh at:
Effective as of February 21, 2015