PHOTOLYNX PRIVACY POLICY
Last Updated: November 2023
This Privacy Policy explains how PhotoLynx (“Photolynx,” “we,” or “us”) collects, uses, and discloses information about its Studios, Customers, and Students (“Users” or “you”), as defined below. This Privacy Policy applies when you use our websites, software offerings, and other online products and services that link to this Privacy Policy, contact our customer service team, engage with us on social media, or otherwise interact with us (collectively, our “Services”).
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.
If you are a California resident, please see the “Your California Privacy Rights” section.
CONTENTS
Transfer of Information to the United States and Other Countries
Your California Privacy Rights
Additional Disclosures for Individuals in Europe
DEFINITIONS
A studio (“Studio”) is a photographer, photography studio, printing lab, or other entity purchasing or otherwise using our Services to fulfill an order by a customer (“Customer”) who may be providing information about a student or photography subject (individually, a “Student,” and collectively, “Students”).
COLLECTION OF INFORMATION
Information You Provide to Us
We collect information you provide directly to us. For example, you share information directly with us when you create an account, fill out a form, submit or post content through our Services, make a purchase, communicate with us via third-party platforms, participate in a contest or promotion, request customer support, or otherwise communicate with us.
The types of personal information we may collect include:
- Your name
- Your email address
- Your postal address
- Your phone number
- Your credit card or other payment information
- Information relating to a Student or Students associated with the Services, including their image, name, school name, grade, student identification number, homeroom, teacher, and jersey number
- Any other information you choose to provide.
Information We Collect Automatically When You Interact with Us
When you access or use our Services or otherwise transact business with us, we automatically collect certain information, including:
- Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
- Device and Usage Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, user name, and app version. We also collect information about your activity on our Services, such as access times, pages viewed, links clicked, browser session, javascript console log, and the page you visited before navigating to our Services. For more information about what device and usage information we collect, see our Cookie Policy.
- Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use tracking technologies, such as cookies and web beacons, to collect information about you. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see our Cookie Policy and the Your Choices section below.
Information We Collect from Other Sources
We obtain information from third-party sources. For example, we may collect information about you from identity verification services, credit bureaus, advertising networks, data analytics providers, mailing list providers, financial services providers, operating systems and platforms, customer management providers, error tracking providers, and user experience tracking providers.
USE OF INFORMATION
We use the information we collect to provide our Services to you, including to facilitate and fulfill photography orders between Studios and Customers.
We also use the information we collect to:
- Provide, maintain, and improve our products and services;
- Process transactions and send you related information, including confirmations, receipts, invoices, customer experience surveys, and order updates;
- Personalize and improve your experience on our Services;
- Send you technical notices, security alerts, and support and administrative messages;
- Respond to your comments and questions and provide customer service;
- Communicate with you about products, services, and events offered by PhotoLynx and others and provide news and information that we think will interest you (see the Your Choices section below for information about how to opt out of these communications at any time);
- Monitor and analyze trends, usage, and activities in connection with our Services;
- Detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of PhotoLynx and others;
- Debug to identify and repair errors in our Services;
- Comply with our legal and financial obligations; and
- Carry out any other purpose described to you at the time the information was collected.
SHARING OF INFORMATION
We share personal information in the following circumstances or as otherwise described in this policy:
- We share personal information with vendors, service providers, and consultants that need access to personal information in order to perform services for us, such as companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, error tracking, user experience, tracking, and data analytics.
- We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
- We share personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
- We may share personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
- Personal information is shared between and among PhotoLynx and our current and future parents, affiliates, and subsidiaries and other companies under common control and ownership. This includes sharing your information with our affiliate ImageQuix, with which we share common services and software. For more information on how ImageQuix collects, uses, and protects personal information, please visit their website and Privacy Policy.
- We share personal information with your consent or at your direction.
We also share aggregated or de-identified information that cannot reasonably be used to identify you.
ANALYTICS
We allow others to provide analytics services on our behalf across the web. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of our Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information may be used by PhotoLynx and others to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity.
Our website does not respond to “do not track’ signals.
TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES
Photolynx is headquartered in the United States, and we have operations and service providers in the United States and other countries, including Canada, the United Kingdom, and Australia. Therefore, we and our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.
If you are in the European Economic Area, we provide adequate protection for the transfer of personal data to countries outside of the EEA through a series of intercompany agreements based on the Standard Contractual Clauses (“SCCs”) authorized under EU law. You may request a copy of these SCCs by contacting us using the contact information below.
YOUR CHOICES
Account Information
You may update and correct certain account information at any time by logging into your account or emailing us at [email protected]. If you wish to delete your account, please email us at [email protected] and we will delete your information. Please note that we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Software License Agreement and/or comply with applicable legal requirements.
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services. For more information about cookies and how to disable them, see our Cookie Policy.
Mobile Push Notifications
With your consent, we may send push notifications to your mobile device.
A mobile user might opt-in by:
- Entering a phone number online,
- Sending an Mobile Originating (MO) message containing an advertising keyword,
- Filling out a paper form that includes their phone number, or
- Signing up at a point-of-sale location.
You can deactivate these messages at any time by changing the notification settings on your mobile device. You may also opt out by replying “STOP” by text to the communicating number.
Communications Preferences
You may opt out of receiving text messages or promotional emails from PhotoLynx by following the instructions in those communications or by sending us an email at [email protected]. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
CHILDREN
Our Services are not intended for use by children under the age of 13 (or under the age of 16 for any child from the European Economic Area and the United Kingdom) and we do not knowingly collect personal information from children under the age of 13 (or under the age of 16 for any child from the European Economic Area and the United Kingdom) in connection with the Services.
YOUR CALIFORNIA PRIVACY RIGHTS
California Consumer Privacy Act
In the preceding 12 months, we have collected the categories of personal information listed in the Collection of Information section above. We collect personal information for the business and commercial purposes described in the Use of Information section above.
In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:
| Category of Personal Information | Categories of Recipients |
| Identifiers such as a real name, alias, postal address, phone number, unique personal identifier, online identifier, internet protocol address, email address, account name, bank account number, credit card or debit card number, or other similar identifiers; commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | Data analytics providers, internet service providers, operating systems and platforms, financial services providers, error tracking providers, and customer management providers. |
| “Personal Information” as defined in Cal. Civ. Code 1798.80, including any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her 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. | Data analytics providers, internet service providers, operating systems and platforms, financial services providers, and customer management providers. |
| Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | Data analytics providers, internet service providers, operating systems and platforms, user experience tracking providers, and financial services providers. |
| Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement. | Data analytics providers, internet service providers, error tracking providers, user experience tracking providers, and operating systems and platforms. |
| Education information, defined as personally identifiable information that is not publicly available as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99. | Operating systems and platforms. |
| Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | Data analytics providers and user experience tracking providers. |
PhotoLynx does not sell your personal information.
PhotoLynx does not share any personal information with third parties unless: (i) authorized by you in writing, (ii) the third parties are service providers authorized by PhotoLynx to perform services for you on PhotoLynx’s behalf and for the purposes described in this Privacy Policy, including our affiliate ImageQuix with which PhotoLynx shares databases and software; (iii) it is reasonably necessary to comply with a legal process, such as a court order, subpoena or search warrant, government investigation or other legal requirements, including to meet national security or law enforcement requirements; or (iv) necessary for the prevention or detection of crime (subject in each case to applicable law) or to establish or defend a legal claim; (v) 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 (subject in each case to applicable law); or (vi) as otherwise disclosed above in Sharing of Information.
Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose, (2) correct inaccuracies in your personal information, (3) request deletion of your personal information, (4) obtain your personal information in portable format, (5) opt out of any “sales” of your personal information that may be occurring, and (6) not be discriminated against for exercising these rights. You may make these requests by calling 800.243.1896 or by emailing us at [email protected]. We will verify your request by asking you to provide information related to your recent interactions with us, such as your name, school, order number, order date, billing address, or email address. We will not discriminate against you if you exercise your rights under the CCPA.
If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please contact us.
ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN EUROPE
Although we are not located in the European Economic Area (EEA) and do not market our Services there, we do occasionally provide our Services to individuals located in the EEA and strive to provide the privacy protections that individuals located there expect. If you are located in the EEA, the United Kingdom, or Switzerland, you have certain rights and protections under the law regarding the processing of your personal data, and this section applies to you.
Legal Basis for Processing
When we process your personal data, we will do so in reliance on the following lawful bases:
- To perform our responsibilities under our contract with you (e.g., processing payments for and providing the products and services you requested).
- When we have a legitimate interest in processing your personal data to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).
- To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of marketing communications).
- When we have your consent to do so (e.g., when you opt in to receive marketing communications from us). When consent is the legal basis for our processing your personal data, you may withdraw such consent at any time.
Data Retention
We store personal data associated with your account for as long as your account remains active. If you close your account, we will delete your account data within 30 days and send you a written confirmation when completed; otherwise, we will archive your account data after two years of inactivity. We store other personal data, including user email addresses, phone numbers, and names, for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations and to send order updates and marketing communications, unless the User opts out of receiving such communications.
Data Subject Requests
Subject to certain limitations, you have the right to request access to the personal data we hold about you and to receive your data in a portable format, the right to ask that your personal data be corrected or erased, and the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, please send us an email stating your request to [email protected].
Questions or Complaints
If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:
For individuals in the EEA: https://edpb.europa.eu/about-edpb/board/members_en
For individuals in the UK: https://ico.org.uk/global/contact-us/
For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html
CONTACT US
If you have any questions about this Privacy Policy, please contact us at [email protected]. You may also communicate with us at our mailing address:
PhotoLynx, Inc.
2020 Progress Court Suite 140
Raleigh, NC 27608
For more information about the privacy practices and policies of our affiliates Capturelife and ImageQuix, please see:
