privacy policy
Atelier Otayza | Commercial photography in products, fashion, jewelry, beauty, portraits and video.
This Privacy Policy (“Privacy Policy”) outlines Atelier Otayza's (“Company,” “we,” “ us” or “our”) practices with respect to its collection, usage, processing and transferring of information and data of those individuals who:
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Access or visit our website ("Visitor(s)") available at: https://www.gallery.otayza.com
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Use and register for our Service (as such term is defined below) (" Photographer(s)") including, without limitation, the opening of a gallery (“Gallery”), an online store (“ Store”), and our marketing services and platforms; and
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Are clients or customers of a Photographer who visit or view a Photographer's Gallery or Store ("Customers(s)").
Visitors, Photographers and Customers shall be collectively referred to herein as "you" or "your".
This Privacy Policy is an integral part of our Terms of Service https://www.pic-time.com/?locale=en#TermsOfService ("Terms") which includes additional information and conditions regarding our Service (as such term is defined therein). Any capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Terms.
We have included information below regarding which types of data are collected and how we process and use your data. However, before we get into that, we would like to explain the lawful basis upon which we collect, process and use your data (as further explained in the table below):
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If you are a Photographer, we will process your Personal Data (as such term is defined below) in order to perform our contract with you;
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If we have a legitimate interest in processing Personal Data, such as for direct marketing or for security and verification purposes, when you access our website or as part of our Service; or
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We will also process your Personal Data where you have provided us with your consent to do so if and as required under applicable law.
For the purposes of the European Union General Data Protection Regulation ("GDPR"), we are considered the Controller (as such term is defined under the GDPR) of the Personal Data we collect from our Visitors and Photographers and considered the Processor (as such term is defined under the GDPR) of the Personal Data that we process from the Customers.
If you are a resident of California, the California Consumer Privacy Act ("CCPA") may apply to you. Please make sure to review our CCPA Privacy Exhibit attached hereto as Exhibit A to learn more about our privacy practices with respect to the CCPA.
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OVERVIEW OF THE DATA WE PROCESS
We may collect two types of data from you, depending on your interaction with us.
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Non-Personal Data : The first type of data is non-identifiable and anonymous data (“ Non-Personal Data”). We are not aware of the identity of the individual from who we have collected the Non-Personal Data. Non-Personal Data consists of technical information, and may contain, among other things, the type of operating system and type of browser you use and the time and date you access our Service or a Gallery.
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Personal Data: The second type of data is identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Data”).
For the avoidance of doubt, any Non-Personal Data that is combined with any Personal Data shall be considered Personal Data for as long as they are combined.
Information we collect from Visitors:
Type of Personal Data
Purpose of Processing and Lawful Basis
Contact Information:
In the event you contact us for support or any other inquiries, by sending us an email, via our chat support or by any other means of communications we may make available to you, you may be requested to provide us with your full name and email address. In addition, you can choose to provide us with additional information as part of your correspondence with us.
We will process this information subject to our legitimate interest and use it solely for the purpose of responding to your inquiries and providing you with the support or information you requested.
We may process the contents of our correspondence with you in order to improve our customer service, and in the event we believe it is required in order to provide you with any further assistance (if applicable).
Registration Information:
In the event you wish to comment, like or share a photograph that is displayed in a Gallery, you may, depending on the settings of such particular Gallery, be required to open an account, and provide us with your name and email address. In some instances (as further explained in the Customer table below), you may receive a link to view certain photographs which you will not be required to register for our Service in order to do so. We bear no responsibility with respect to such photographs and without limitation, their contents, who they are shared with or how they are used.
You may also choose to sign in via your social media account which may give us access to certain information about you such as your full name, e-mail address and any other information that you made public via such account.
This information will be processed for the purpose of performing our contract with you, to set up your account with us and enable you to use our Service.
Purchase Information :
When you wish to purchase a photograph or any other product via our Service you will need to provide certain information including, your full name, full address, email address, phone number, your status with respect to our Service (e.g., third party, client etc.) and your payment details. Your purchase and payment information will be processed by our third-party payment processors and we will not store or process any of your payment information that was submitted via such partner.
We will use this information in order to perform our contract with you and to provide you with the requested Service and product.
We use third party payment processors which may include PayPal , Stripe, Square and BlueSnap. Consequently, any transactions that are processed by these third-party payment processors will be governed by their privacy policies and terms which we recommend that you review. You can find PayPal’s privacy policy here , Stripe's privacy policy here, Square’s privacy notice here and BlueSnap's privacy policy here .
Online Identifiers and Technical Non-Personal Data:
When you access our website or Service we may, either directly or indirectly (through our third-party service providers) collect your IP address.
In the event required under applicable law, we will obtain your consent to gather such information, for example, when we collect this information via cookies (as further explained below).
Information We Collect from Photographers :
Type of Personal Data
Purpose of Processing and Lawful Basis
Contact Information:
In the event you contact us for support or any other inquiries, by sending us an email or by any other means of communications we may make available to you, including any chat support that we make available to you, you will be requested to provide us with your full name and email address. In addition, you can choose to provide us with additional information as part of your correspondence with us.
We will process this information subject to our legitimate interest and use it solely for the purpose of responding to your inquiries and providing you with the support or information you requested.
We may process the contents of our correspondence with you in order to improve our customer service, and in the event we believe it is required in order to provide you with any further assistance (if applicable).
Registration Information:
When you register for our Service as a Photographer you will need to provide us with certain information including your name, email address, full address, tax ID and phone number.
You may also choose to sign in via your social media account which may give us access to certain information about you such as your full name, e-mail address and any other information that you made public via such account.
We will use this information for the purpose of performing our contract with you, provide you with the Service you have requested, and designate your account in order to display the applicable information on your account dashboard.
We will use your email address and phone number for our legitimate interest in order to send you needed information related to the Service and our business engagement (e.g., send you a welcome message, to notify you regarding any updates to our Service, send applicable invoices, and additional occasional communications related to the Service and direct marketing messages (as further explained below)) as well as in order to verify your identity.
Payment Information :
When you purchase one of our packages, you will be required to provide your payment information including your name, full address, phone number and payment information (e.g., credit card or PayPal UID). Such payment information may be processed by our third-party partners in which case we will not store or process any of your payment information that was submitted via such partner.
In the event that we process your payment information on our own, your payment information will be processed for the purpose of performing our contract with you and will enable you to use our Service.
We use third party payment processors which may include PayPal , Square, Stripe and BlueSnap. Consequently, any transactions that are processed by these third-party payment processors will be governed by their privacy policies and terms which we recommend that you review. You can find PayPal’s privacy policy here , Square’s privacy notice here , Stripe's privacy policy here and BlueSnap's privacy policy here .
Email Marketing :
When you register for our Service as a Photographer, and you voluntarily choose, as part of the registration process, to receive our email marketing materials, you will be asked to provide us with your email address.
You can unsubscribe at any time by using the unsubscribe option within the body of the applicable email correspondence or by contacting us via email at: support@pic-time.com.
We use this information, based on your consent, solely in order to provide you with the content that you requested to receive.
Please note that if you choose to unsubscribe from direct marketing, we may still retain your contact details and send you relevant service-related information such as invoices and subscription rates.
We use Mailchimp and SendGrid for the purpose of managing our direct marketing activities. Mailchimp's privacy policy can be found here: https://mailchimp.com/legal/privacy/ SendGrid’s privacy policy can be found here: https://www.twilio.com/legal/privacy#sendgrid-services .
Online Identifiers and Technical Non-Personal Data:
When you access our website or Service we may, either directly or indirectly (through our third-party service providers) collect your IP address.
In the event required under applicable law, we will obtain your consent to gather such information, for example, when we collect this information via cookies (as further explained below).
Information we collect from Customers:
Type of Personal Data
Purpose of Processing
Photographs
We will have access to all of your photographs that a Photographer uploads to our Service. You may share these photographs with your friends and family as you see fit. We shall bear no responsibility whatsoever with respect to the sharing of such photographs, who they are shared with and what such individuals may do when your photographs are shared with them, including, without limitation, whether they share such photographs with other third parties, publicize the photographs or use them in any way.
We will use this data in order to provide the Service.
As explained above, we are considered the Processor of this information and the Photographers are considered the Controller. This data will be processed subject to the consent that you provided to the Photographer to upload such photographs to the Service.
Registration Information
In order for you to access our Service and view a Gallery you will need to register via a link provided by us and sent by the Photographer to you. We will process your user name and password that you will be provided during the registration process.
This information will be processed in order to set up your account and enable you to use our Service.
Email Marketing :
As part of our Service, a Photographer may be able to provide you with the option to choose whether to receive email marketing materials from them and if you choose to receive such email marketing materials, you will be asked to provide them with your email address.
You can unsubscribe at any time by using the unsubscribe option within the body of the applicable email correspondence.
We use this information, based on your consent, solely in order to provide you with the content that you requested to receive.
As explained above, we are considered the Processor of this information and the Photographers are considered the Controller. This data will be processed subject to the consent that you provided to the Photographer to receive such content.
We use Mailchimp and SendGrid for the purpose of managing our direct marketing activities. Mailchimp's privacy policy can be found here: https://mailchimp.com/legal/privacy/ SendGrid’s privacy policy can be found here: https://www.twilio.com/legal/privacy#sendgrid-services .
Purchase Information :
When you wish to purchase a photograph or any other product via our Service you will need to provide certain information including, your full name, full address, email address, phone number, your status with respect to our Service (i.e., client) and your payment details.
Your purchase and payment information will be processed by our third-party payment processors and we will not store or process any of your payment information that was submitted via such partner.
This information will be used in order to provide you with the requested Service and product.
We use third party payment processors which may include PayPal , Square, Stripe and BlueSnap. Consequently, any transactions that are processed by these third-party payment processors will be governed by their privacy policies and terms which we recommend that you review. You can find PayPal’s privacy policy here , Stripe's privacy policy here, Square’s privacy notice here , and BlueSnap's privacy policy here .
Online Identifiers and Technical Non-Personal Data:
When you view a Gallery or Store, we may, either directly or indirectly (through our third-party service providers) collect your IP address.
We will use this data in order to operate, provide, maintain, protect and manage our Service. As explained above, we are considered the Processor of this information and the Photographers are considered the Controller. This data will be processed under our Photographers' legitimate interests to perform research, and conduct associated analytical and statistical activities, detect fraud, security or technical issues in connection with the Service. Please note that, we do not attempt to analyze or determine your identity based on such information.
It is important to note, that a Customer is not required to create an account to view a Gallery unless a Photographer requires him or her to do so, in which case, please refer to the Visitor table above.
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HOW WE COLLECT INFORMATION
Depending on the nature of your interaction with us, we may collect information from you in one or both of the following ways:
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Automatically – we may use cookies (as further elaborated below) or other similar tracking technologies to gather some information automatically when you interact with our website and Service.
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Provided by you voluntarily – we will collect information if and when you choose to provide us with the information, such as through the Service, when you contact us or sign up for our newsletter.
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FACIAL RECOGNITION/ BIO-METRIC DATA
Our Service includes facial recognition software which allows for specific individuals to be detected in photographs that are uploaded to our Service. Depending on the applicable laws that govern your use of our Service and the facial recognition feature, some of the information collected through your use of the feature may be considered “bio-metric data”. We will provide you with the ability to opt-out of our collection of this data by opting-out of the use of the facial recognition feature altogether. We will only use the facial recognition related-data, including without limitation, the potential bio-metric data that we collect from you to provide you with the Service that you requested. We will store your bio-metric data securely in our database and will only retain it for as long as permitted for us to do so under applicable law. We will not sell, lease, trade or otherwise profit from your bio-metric data, nor will any of our vendors, service providers or partners who have access to such data be permitted to do so.
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SHARING DATA WITH THIRD PARTIES
We will not share your Personal Data with third parties, other than as specifically mentioned herein:
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Compelled Disclosures - To satisfy any applicable law, regulation, legal process, subpoena or governmental request;
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Enforcement of our Rights - To enforce this Privacy Policy and the terms of our agreements (including the Terms), including the investigation of potential violations thereof;
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Security Detections - To detect, prevent, or otherwise address fraud, security or technical issues;
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Business Transfers and Affiliated Companies - When it is undergoing any change in control, including by means of a merger, acquisition or purchase of all or substantially all of its assets or with our parent company, any subsidiaries, joint ventures, or other companies under common control with the Company solely if and when applicable or necessary for the purposes described in this Privacy Policy, or in the event of any of the corporate transactions listed herein;
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Service Providers - To collect, hold or manage your Personal Data through our authorized third-party service providers and to perform certain requested services on our behalf, as reasonable for our business purposes, all of whom we contractually ensure comply with applicable data protection laws. Some examples of service providers that we may use include (without limitation): payment processors, printing services, server and storage providers and marketing partners;
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Explicit Consent - If you provide us with your explicit approval to share your information prior to the disclosure.
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COOKIES & TRACKING TECHNOLOGIES
We or our third-party service providers may use cookies and other similar tracking technologies or methods of web and mobile analysis to gather, store, and track certain information related to your access of, activity and interaction with our Service.
A “cookie” is a small piece of information that a website assigns to your device while you access such website. Cookies are very helpful and may be used for a variety of different purposes. These purposes include, among other things, allowing you to navigate between pages efficiently, enabling automatic activation of certain features, remembering your preferences and making the interaction between you and our Service quicker, easier and smoother. Cookies are also used to help customize your experience and for advertising purposes (including personalized advertising). You can find out more information about cookies at www.allaboutcookies.org.
The third-party cookies used on our website are as follows:
Cookie
Purpose
Privacy Policy
Google Analytics
Analytical, Measurement & Performance
www.google.com/policies/privacy/partners
https://policies.google.com/technologies/managing?hl=en
https://tools.google.com/dlpage/gaoptout
For additional information regarding our use of Google products, click here .
Google DoubleClick
Targeting & Advertising
YouTube
Targeting & Advertising
Bablic
Operation & Functionality
This category of cookies either cannot be disabled, or if disabled, certain features of the website may not work.
https://www.bablic.com/privacy
https://www.bablic.com/cookies-policy
Analytical, Measurement & Performance and Targeting & Advertising
https://www.facebook.com/about/privacy/previous
https://www.facebook.com/policies/cookies/
https://help.instagram.com/1896641480634370?ref=ig
Analytical, Measurement & Performance and Targeting & Advertising
Analytical, Measurement & Performance and Targeting & Advertising
https://policy.pinterest.com/en/privacy-policy
https://policy.pinterest.com/en/cookies
Vimeo
Operation & Functionality
https://vimeo.com/cookie_policy
LiveChat
Operation & Functionality
https://www.livechat.com/legal/privacy-policy/
Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies your online experience may be limited.
Please see the following links for more information with respect to how you can block or erase cookies via your particular browser: Google Chrome ; Firefox ; Internet Explorer ; Safari; Edge ; Opera .
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USER RIGHTS
Depending on your jurisdiction, data protection and privacy laws provide you with the ability to exercise certain rights regarding your Personal Data that we process (please review our User Rights Policy for more information regarding the rights you may have under the relevant data protection and privacy laws in your jurisdiction).
If you wish to exercise any or all of the above rights, please fill out the Data Subject Request Form (“DSR”) available here , and send it to our DPO (as such is defined below) at: dpo@pic-time.com.
If we are unable to provide you with the information that you asked for, we will endeavor to explain the reasoning for this and inform you of your rights. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law. In addition, the process of locating and deleting the data may take up to one (1) month (following the receipt of the validation proof we require) in accordance with applicable law.
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DATA RETENTION
We retain Personal Data for as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws or until an individual requests to opt-out of such collection, subject to applicable laws. We may at our sole discretion, delete or amend information from our systems, without providing any notice to you, once we deem it is no longer necessary for our purposes.
Please note that except as required by applicable law, we will not be obligated to retain your data for any particular period, and we may delete it for any reason and at any time, without providing you with prior notice of our intention to do so.
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SECURITY
We take great care in implementing and maintaining the security of your Personal Data. We employ industry standard procedures and policies to ensure the safety of individuals’ information and prevent unauthorized use of any of such. We have implemented technical, physical and administrative security measures to protect your Personal Data. Please review our Information Security Policy to learn more regarding our security practices.
Please contact us at: dpo@pic-time.com if you believe that your privacy was treated in a way that was not in accordance with this Privacy Policy. In the event of a security incident in which we discover that your Personal Data may be at risk, we will take reasonable efforts to notify you and the applicable authority (if we are required to do so, subject to applicable laws).
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THIRD PARTY LINKS
Our website may contain links to other websites of third parties that are not governed by this Privacy Policy. In the event that you click on these links to third party landing pages or websites, their privacy policy and practices will govern, which may differ from ours, and are not under our control or our responsibility. We advise you to review the applicable privacy policy of these third parties to better understand their privacy practices.
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DATA TRANSFER
We use storage servers which are located in the EU, the US and Australia to store the Personal Data that we collect. Additionally, some of our processing activities are conducted in Israel or other countries. In the event that we need to transfer your Personal Data out of your jurisdiction, we will take appropriate measures to ensure that your Personal Data receives an adequate level of protection as required under applicable law. Furthermore, when Personal Data that is collected within the European Economic Area ("EEA") is transferred outside of the EEA to a country that has not received an adequacy decision from the European Commission, such Personal Data will be transferred under the provisions of the standard contractual clauses approved by the European Union. If you would like to understand more about these arrangements and your rights in connection therewith, please contact our DPO at: dpo@pic-time.com and review our Information Security Policy for more information.
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CHILDREN
The website and our Service are not intended for use by individuals who are under the age of eighteen (18). Therefore, the Company does not intend and does not knowingly collect any Personal Data directly from individuals who are considered to be children in their jurisdictions (i.e., under the age of sixteen (16) or as otherwise defined under applicable law in such jurisdiction), and does not wish to do so. If you are under 18, you may only be able to use our Service via a parent's or legal guardian's and with their involvement and consent. If we obtain actual knowledge that a Visitor, Photographer or Customer is considered a child under applicable law, we will take steps to immediately delete his or her Personal Data. We request that such individuals do not provide Personal Data through our website or the Service. Please contact our DPO at: dpo@pic-time.com if you become aware or have any reason to believe that a child has shared any Personal Data with us.
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CHANGES AND UPDATES
We reserve the right to amend this Privacy Policy at any time. As such we recommend that you re-visit this page frequently and review the Privacy Policy for any changes that we may have made. In the event that we made any substantial changes to this Privacy Policy, we will make reasonable efforts to provide you with notification with respect to such changes, if we are required to do so by applicable law. The changes to this Privacy Policy will go into effect as of the date listed in the “Last Amended” heading located at the top of this Privacy Policy.
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CONTACT US
If you have any questions or concerns regarding privacy issues, or if you wish to be provided with any other information related to our privacy practices, please contact us:
By Email: dpo@pic-time.com.
By mail: Pic-Time Inc.
1000 N West Street
Suite 1200 #3015
Wilmington, DE 19801
USA
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DATA PROTECTION OFFICER:
If you have any requests regarding the data collected under this Privacy Policy, including without limitation, requests to remove, delete, amend, modify or transfer the data, please contact our Data Protection Officer (" DPO") at: dpo@pic-time.com.
Please include your name, address and email address in any correspondence so that we can respond to your inquiry or request.
EXHIBIT A
CCPA PRIVACY EXHIBIT
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INTRODUCTION
This CCPA Privacy Exhibit (“ Exhibit”) governs the manner in which we process information collected from consumers who reside in the State of California (“Consumers” as defined under the CCPA, and will be referred to herein as “you”). Any terms defined in the CCPA have the same meaning when used in this Exhibit. Furthermore, this Exhibit is an integral part of our Privacy Policy and thus, definitions used herein but not defined herein shall have the meaning ascribed to them in our Privacy Policy .
To learn more about your California privacy rights, please visit https://oag.ca.gov/privacy/privacy-laws .
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CATEGORIES of PERSONAL information
When you access our website and use our Service, we collect certain data regarding such use. This data includes “ Personal Information” that is defined under the CCPA as any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device as detailed in the table below.
Please see below a table detailing the categories of Personal Information that we collect (and have collected within the last 12 months):
Category
Examples of Personal Information
Collected
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
Yes
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
No
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Yes
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Yes
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Yes
G. Geolocation data.
Physical location or movements.
No
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
No
I. Professional or employment-related information.
Current or past job history or performance evaluations.
No
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
No
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
No
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DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE
In the preceding twelve (12) months, the Company has disclosed the following categories of Personal Information for a business purpose:
Category A: Identifiers;
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
Category D: Commercial information;
Category F. Internet or other similar network activity.
We disclose your Personal Information for a business purpose to the following categories of third parties: data aggregators, service providers (e.g., servers etc.) and business partners.
When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
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HOW WE COLLECT INFORMATION
We collect the above data from you, in the following ways:
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In the event you voluntarily choose to provide us with information, e.g., when you contact us.
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Automatically when you use our website, including through the use of cookies (as explained in our Privacy Policy ) and other similar tracking technologies.
We will ask for your consent to collect Personal Information and offer you the choice to opt-out of such collection if we are required to do so in accordance with applicable law.
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USE OF PERSONAL INFORMATION
We may use, or disclose the Personal Information we collect for the business purposes that we included in our Privacy Policy .
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
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SALE OF PERSONAL INFORMATION
In the preceding twelve (12) months, we have not sold Personal Information.
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USERS’ RIGHTS & CONTROLS
The CCPA provides consumers with specific rights regarding their Personal Information. Please review our Privacy Policy in order to learn more about the rights you may have under applicable law.
We provide you with the ability to exercise certain choices and controls in connection with our treatment of your Personal Information, depending on your relationship with us. You may exercise any or all of your rights in relation to your Personal Information by filling out the DSR available here and sending it to our DPO at: dpo@pic-time.com.
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AMENDMENTS
As required under the CCPA, we will update our Privacy Policy every 12 months. The last revision date will be reflected in the “Last Amended” note located at the bottom of this Privacy Policy.
Last Updated: November 16, 2021