Privacy Statement
Privacy Policy Overview
You can always contact us with questions or requests about your data. Please read this Privacy Policy Overview, which answers the most common questions about data use and practices.

Phocial Marketing, Inc. (‘PM’ “we” “us” or “our”) sells photo and video capture software, hardware and services (the “Services”) to individuals, Marketing Partners, and other business (“Clients”).  The purpose of this statement is to inform our visitors of the kind of information we may gather, and how personal data may, or may not be, collected, protected, deleted, and used, by us or by individuals and Clients that use our Services at their own events to collect and/or view photos, videos and data.

By using our Services, whether you are a consumer or a Client customer, you consent to the collection and use of your information as described in this Privacy Policy, which was last updated on May 15th, 2018. If you do not agree with our policies and practices, your only choice is to not use any of our Services.

Some Privacy laws differentiate between “Processors” and “Collectors” and apply different standards and rules to each category. In general, PM is a Processor. PM Services are typically used by other companies (“Clients” “Marketing Partners” “Collectors”). These companies may hire us to collect data and/or take photos and videos of consumers and onsite visitors or they may simply use our Software Services and provide their own hardware and/or Labor. These Collectors may have a separate Privacy Policy that differs from the PM Privacy Policy described in this statement. We provide all Collectors with the option of displaying their own Privacy Policy link on the page where your photo or video is displayed, along with a variety of methods for ensuring that your participation is opt-in. For instance, we enable Collectors to create a text opt-in statement on any survey page we provide on their behalf. You may also refer to the policy links that may be displayed on the web pages of any Collectors, Advertisers or Marketing Partners you may visit or provide personally identifiable information to. PM does not control the Privacy Policies of any of other Data Collectors or 3rd Party Partners, nor that of their affiliate advertisers or 3rd Parties. Since, as a Processor, we do not have control over the Privacy Policies of any Client or Marketing Partner or 3rd Party, we cannot attest to, or have responsibility for, what they may do with your data.

This Privacy Policy does not apply to the following:

Any data or information collected through us as a Processor, and then downloaded in any manner, by a Collector or Controller for further use.
Any other website, even though that web site may appear to be affiliated with us and/or may be linked to one of our Photo Display Pages.
Any advertiser or 3rd party application or content, even though they may appear to be affiliated with us via a link accessible from any Photo Display Page website or through any of our Services.
This privacy policy is incorporated by reference into our Terms and Conditions (“Terms”) statement that governs our Clients’ use of our Services. We reserve the right to change our policies at any time for any reason.  If changes are substantial, a reasonable effort to notify users via the email address you’ve provided will be made.  As with our Terms, continued use of our Services beyond such changes and our efforts to notify you means that you agree to be bound by those changes. This updated policy, and any future update, is intended to incorporate the recent changes in requirements of the EU (GDRP requirements), effective May 25, 2018.

Permission Based Marketing
PM encourages permission-based marketing. Some Marketing Partners notify consumers that by participating in activities, they may be granting permission to be solicited via email and direct mail. At the websites of both PM and our Marketing Partners, you may have the opportunity to request additional information, communicate with other sponsors, opt-in to further permission-based marketing lists, or link to the sites of other advertisers, opt-out from further communications, or to be deleted from the database. Each Marketing Partner, Collector or Advertiser may have a separate Privacy Policy. Please carefully review the Privacy Policies of other participating firms, to ensure that you are fully aware of how they might handle your information.

What We Collect and How We Use Your Information
When a Client uses our services, our Platform gives them the ability to collect PII (Personally Identifiable Information) via a survey and/or other entry fields within the interface. Some of this information is relevant to the photo delivery (e.g. the Client may collect your SMS phone number or your email address to deliver the photo).  The Client may also collect other information including (but not limited to) the user’s name, screen name or user names, zip code, product preferences, etc. These details are made available to the Client for download who can then use that information in any way they determine, based on their own privacy policy and agreement with you and any 3rd Party vendor they may have incorporated into their photo display and sharing experience.

If you are a Client and purchase Services from us, or a consumer, and purchase merchandise from us, we use your personal information to fulfill on those request, which may sometimes be handled through 3rd party vendors (e.g. a photo merchandise vendor). We may also use your information to send you promotional communications, such as special offers, surveys, newsletters, etc. You have the ability to opt-out of these communications at any time by clicking on the clearly visible links that are included with each form of communication. If you are a Collector using our services, you must first cancel your services before opting out of ALL communications. However, Collectors always have the right to opt out of promotional communications such as newsletters without affecting the viability of using our Services.

From time to time, we collect statistical data and information in an automated fashion. This does not include personal information, but we may associate it with personal information collected in other ways or received from third parties, provided to us by you.

You may have the option to disclose information and/or answer survey questions. Personal information may include your name, address, company, title, email, phone number, and other demographic or preference information. Survey information requested by Marketing Partners may differ, from survey to survey, and may cover a wide range of questions. If you are paying us for services, we may collect billing and financial information needed to secure payment.

PM may also collect information that does not directly identify your PII but is associated with your interactions with our Services.  Such information may include IP addresses, geographic location of where photos were captured, browser type, language, network information (such as your wireless provider) demographic information such as estimates of age, race, number of visits, gender, etc. We may also provide Clients with an array of information about the device that is used to capture media, including the device type and ID numbers, battery levels, number of uploads, etc.

In addition to any information we might directly collect as described above, both proactively and automatically, we also collect information through our platform on behalf of Clients, 3rd party users, Marketing Partners, and business partners.

Upon viewing your media on or through our platform, you may also have the option of forwarding your content and adding additional content (collectively, “User Content”) to the site or to other sites, via a variety of social channels and platforms (e.g. post to Facebook, Instagram, Email, SMS forwarding, etc.). Any User Content posted by you or forwarded by you or by a Collector is completely out of our control. Such User Content may be shared, viewed downloaded, or used by any unauthorized person who may have access to the media at any of the sites.

Data Disclosure to Others
We may disclose non-PII and other statistically aggregated information about our users without restriction. For example, we sometimes analyze the demographics of aggregated photos to discern age group and gender.

We may disclose personal information that we collect (or that you provide) as described in our Privacy Policy to a variety of legitimate subsidiary and affiliated partners including:

To Collectors who use our services
To a potential or actual buyer or other successor (including its related advisors and agents) in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of PM’s assets, if the PII is part of the transferred assets.
At your request or consent, or as part of your use of our Services
For any other purpose disclosed by us when the information is provided.
Via a court order or upon a legal request.
To enforce or apply the Terms and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us or our customers or others.
Privacy of your Photo or Video
Your photo or video is displayed on a semi-private web page that is initially displayed via a system-generated URL that is forwarded to your SMS or email address or accessed by entering a unique code into a web form. In exchange for receiving a photo or video, you grant both PM and our Clients and Collectors the right to use your image and likeness for marketing and promotional purposes, unless you specifically request removal of the photo or video from our system by the method described below. In most cases, you can invite others to see your photo or video by entering their SMS number or email address(es) into the proper fields on the photo or video display page and clicking the “Submit” or “Send photo or video” button. PM will then send a notification to your list of invitees containing the URL that links them to your photo or video, along with text and links that might be added by you, by us, or by another collector. Your invitees are able to forward that URL to others without your consent or knowledge. PM does not warrant that you are protected from irresponsible or intentional actions of third parties. Users can post your photo or video to various social networks by clicking certain links or buttons on your photo web page or video web page. Other sites may have alternate privacy policies that apply to media displayed on their site(s).

Requesting Removal of your Photo
You may request removal of your media, contact info, and data, at any time from our web services by simply filling out the form located at www.getphocial.com. Upon receipt of the completed web form, we will remove your photo or video within a reasonable amount of time (typically within 72 hours, or earlier, if requested and if possible).

Photo and Video Content
Our services are intended for good, wholesome fun. PM does not condone or knowingly allow the capture or forwarding of obscene, vulgar, pornographic, or offensive photos or videos. In some cases, our photos or videos are captured in a completely automated or semi-automated fashion. Photo or video content may or may not be reviewed by our staff as it passes through our system. Thus, while PM will remove any known offensive material, we make no warranty, express or implied, regarding the content of captured photos or videos or their appropriateness or inappropriateness for any particular purpose. By using our services, you relieve PM and any of its clients, Marketing Partners or affiliates of any liability or harm that may be caused by the posting of any and all photos or videos posted on the PM website or any Marketing Partner’s website.

Cookies and Tracking
PM may set and access “cookies” on your computer. These cookies collect data while you are accessing hosted web pages. Examples of collected data are: how and when pages are visited, by how many people, other sites visitors click through to, and what their personal preferences are. Our Marketing Partners that display ads on our site may also use cookies. Marketing Partners’ and advertisers’ use of their cookies is subject to their own privacy policies.

PM also uses Web Beacons (also known by other names like pixel-tags) that enable us to count the number of visitors to a page, count the number of clicks, and monitor related statistics, among other similar tracked statistics.

Some web browsers offer restrictions, such as a ‘Do Not Track” option, which allows you to signal Collectors that you do not wish to be tracked with regards to certain activities, such as which third-party partners you click to or which offered online services you might use. We cannot ascertain whether any Collector abides by a “Do Not Track” request.  Accordingly, PM does not monitor or honor web browser “Do Not Track” signals.

Cookies 3rd Party Applications, Advertisers, and LInks
In order to enhance the Services, we offer Collectors the ability to integrate 3rd party companies, via links, banner ads, software services, occasional offers, etc. to administrative photo display pages and other web pages. In addition, PM may use 3rd party applications, including Service Providers, for various purposes including, payments (e.g. QuickBooks), relationship building (e.g. Pardot), the marketing and growth of our business (e.g. Google Adwords and Salesforce) and the performance of services on our behalf, such as gathering and analyzing information (e.g. Google Analytics). These Services Providers and 3rd Parties have their own privacy policies, which are out of our control. We invite you to review the policies of 3rd Parties so that you can understand the ways in which they collect, use, maintain, protect, delete, and disclose your information.

The Service Providers may also use Cookies for tracking your activity. Cookies placed by third parties may continue to track your activities online even if you navigate away from a PM site offered by us or a Collector.

PM uses Remarketing Services, assisted by such companies as Google AdWords, Google AdSense, and Double-Click, which allow us to place advertisements on third-party websites. These ads may appear to previous visitors as they navigate to unrelated sites on the web. If you don’t wish to see these ads, these service providers and most web browsers have settings that can be changed allowing you to opt-out from seeing them.  We invite you to visit the websites of Google and DoubleClick for more info or to access your browser settings to make the desired changes. Users can learn how to opt-out of the use of certain Google services by visiting the Google Advertising and Content Network privacy policy which can be accessed at the following link: https://www.google.com/policies/technologies/ads/

Opting-out:
Phocial Marketing strives to honor a high standard of privacy and opt-in protocol. Any ongoing communications will include an opt-out method in the same email.

Local and International Laws as They Pertain to Data
Depending on where you are located, you may have specific rights with respect to your personal data. If you used our Services at an event, you will need to contact your event organizer (sometimes called the “Controller”) and or our Client (the “Collector”) to understand and exercise those geographically based rights.

If you use the Services outside of the United States, information that we collect about you may be transferred to servers inside the United States. This may involve the transfer of information out of countries located in the European Economic Area and other parts of the world unless otherwise prohibited by applicable law or agreed by PM and you. By allowing PM to collect information about you, you hereby consent to such transfer and processing of such information without restriction, and with the understanding that the United States and other countries may have data-protection and privacy laws that offer fewer protections than those in your home country.

Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Site or the Applications that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please fill out the form at www.getphocial.com

California Online Privacy Protection Act (CalOPPA)
California Online Privacy Protection Act (CalOPPA) applies to any person or company in the United States (and conceivably the world) whose website collects personally identifiable information from California consumers to post a conspicuous privacy policy on its website. In order to comply with CalOPPA companies must provide link to their Privacy Policy on their home page, allow for anonymous visitors to its web site, be informed of changes via updates to the Privacy Policy web page, and follow other common-sense rules and specific dictates. PM adheres to such rules.

COPPA Policy Concerning Children Under the Age of Thirteen
For children under 13 years of age, the Children’s Online Privacy Protection Act (COPPA) is designed to provide companies with data collection guidelines for protecting children’s privacy and safety online. PM may take photos and videos of participants of any age, but, in compliance with COPPA and other existing and proposed laws, we do not knowingly collect any personally identifiable information from children under thirteen years of age. If you are under thirteen, please do not provide any information of any sort. If PM discovers that a child under the age of thirteen has provided any personally identifiable data, it will delete all information collected on that child. If you are aware of any information provided by a child under 13, please follow the instructions at www.getphocial.com

Data Collectors using our platform have agreed to abide by all applicable law as party of their compliance with our Terms. We encourage you to review the separate policies that any Collector may have in place, which may different from PM’s Privacy Policy. While Collectors have agreed to abide by applicable laws, we do not review their activities make nor any warranty, express or implied, that they are actually following applicable law.

Fair Information Practice Principles
FIP (Fair Information Practices) is a general term for a set of standards governing the collection and use of personal data and addressing issues of privacy and accuracy. Different organizations and countries have their own terms for these concerns – the UK terms it “Data Protection”, the European Union calls it “Personal Data Privacy,” and the OECD has written Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. PM is committed to honoring both the spirit and the letter of these principles which govern a wide variety of areas including;

Collection and Use Limits – there should be limits and any data should be collected lawfully and fairly
Data Quality – Data should be relevant to, and accurately maintained for, the purpose at hand.
Purpose Specification – Customers should know why their data is being collected
Security Standards – Data should be reasonably protected
Individual Participation Principles – Individuals should have rights with regards to reasonable request, responses and legal recourse, anent their data.
CAN-SPAM Act
The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.

We strive to be in complete compliance with the CAN-SPAM act by not using false or misleading subject lines, identifying messages versus ads, letting recipients know where we are located, and making it easy and clear to opt-out to any future communications or remove their data from our servers.

GDPR Compliance as of May 25, 2018
If you are located within the European Union, the new laws that went into effect on May 25th, 2018 grant you certain rights and require us to comply.

You can obtain a confirmation as to whether or not we process your personal data and get access to that personal data, unless granting you access would adversely affect the rights of others. You can get one copy of your personal data free of charge. If you request further copies, the law allows us to charge a reasonable fee based on administrative costs.

We will rectify inaccurate personal data or complete incomplete personal data without undue delay.

You have the right to “Be forgotten.”  Companies must erase personal data without undue delay. We will do so unless we are required by law to retain it.

Companies are required to follow certain guidelines when you have contested the accuracy of your data, you have a desire for us to restrict the processing of your data, or if you’ve asked us to retain it for in reference to a legal proceeding.

At your request, Companies must provide your personal data in a structured, commonly used and machine-readable format and have it transmitted to another controller.

If you feel that any company has failed to process your personal data in accordance with applicable law, you have the right to lodge a complaint with a supervisory authority responsible for data protection, in particular in the country of your habitual residence, place of work or place of the alleged infringement.

Survival
The policies indicated in this Privacy Policy will remain effective, even if the Terms or Service and/or any other agreement between us, and/or any use of our services has been terminated.

Contact Information
If you need to reach us for any reasons with regards to our Privacy Policy or practices, or with regards to any Client Collector that may have used our Services to capture your image at any event, you may contact us by filling out the form at www.getphocial.com