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.
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.
Permission Based Marketing
What We Collect and How We Use Your Information
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.
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 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.
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)
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
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.
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.