TERMS AND CONDITIONS OF USE
The Photo Society
Last Updated: March 1, 2021
- Information We Collect and Receive
In order for us to (i) provide you with the services and functionalities offered via the Website, (ii) engage in troubleshooting activities, and (iii) improve upon the Website’s performance, safety and security, we may collect and process some or all of the following types of information about you through the means discussed below. Please note that we may need certain types of information so that we can provide certain services offered on the Website to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use certain services on the Website.
- User-provided Personal Information. Information that could be directly associated with you, or used to contact or identify you, without the aid of additional information, including, without limitation, information you provide us when you correspond with us in connection with information requests or other communications initiated by you in regards to TPS’s products and services, such as your name, physical address, email address and/or telephone number (“Personal Information”). For example, if you submit an inquiry through our “Contact Us” form on the Website, we may require that you provide specific information to verify your identity prior to us responding to your inquiry. Any Personal Information that we collect is passed on to the applicable department for follow-up or to provide any information you have requested.
- Usage Information Automatically Collected. Information that is not Personal Information, but that relates to your usage of the Website or that is necessary for the proper functioning or improvement of the Website, including: (i) times and dates and the extent of your usage of the Website; (ii) time zone, language, screen resolution, and other usage preferences you select when using the Website; (iii) device keyboard settings; (iv) content you view, follow, and otherwise interact with; (v) usage history such as areas and pages within the Website that you access or use and/or which buttons in the Website you click on; (vi) search terms you type in on the Website; (vii) the URL or advertisement that may have referred you to the Website; (viii) the search terms you entered into a search engine that may have led you to the Website; (ix) the mobile platform or service provider you use, and (x) other device and Website access information such as your browser type, operating system, IP address, referring/exit pages, and other unique device identifiers, as well as your push notification token (collectively, “Usage Information”).
- European Union Users
European Union data protection law requires a “lawful basis” for collecting and retaining Personal Information from citizens or residents of the European Economic Areas (“EEA”). Our lawful basis for collecting such information about you is permitted under Article 6, Sections 1(a), 1(b), 1(c) and 1(f) of the EU general data protection regulation 2016/679.
- Cookies and Other Tracking Technologies
What is a Cookie?
What Cookies do we use?
A more detailed list of the cookies we currently, or in the future may, use and how we use, or may use, them are as follows:
- Analytics and Research: We use certain cookies and other technologies also help us to understand, improve, and research features and content on the Website.
- Performance: We use performance cookies to help us route traffic between servers and understand how the Website is performing so we can provide users with the best experience possible.
- Website Features and Services: We use certain cookies to provide greater functionality to the Website and help us deliver our products and services.
- Web Beacons
Our Website may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the Website is used.
We may use third parties to gather information about how you and others use the Website. For example, we will know how many users access a specific page and which Website Content they clicked on. We use this aggregated information to understand and optimize how the Website is used.
- Do Not Track Requests
Your browser may give you the ability to control cookies, which may depend on the type of cookie, and browsers can be set to reject browser cookies. However, blocking or deleting cookies may prevent you from using most of the Website.
Some browsers have settings may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. These features are not all uniform and there is no consensus among industry participants as to what “Do Not Track” means in this context. If you block cookies, certain features on the Website may not work. If you block or reject cookies, not all of the tracking described here will stop. Like many websites and online services, we do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com. Note that certain options you select are browser- and device-specific.
- How We Use the Information We Collect
We may use the information we collect about/from you to:
- Identify you and potentially improve and/or customize the Website
- Send you requested service and other Website information
- Address inquiries and respond to your requests for information, questions and comments
- Identify trends, conduct data analysis and determine the effectiveness of our marketing and promotions and other service offerings
- Maintain security
- Other purposes that we believe are necessary to protect our rights and the rights of others, or as otherwise described to you at the time of collection
We may also ask for your consent to process your Personal Information for a specific purpose that we communicate to you. When you consent to our processing your Personal Information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.
How We Share the Information We Collect
- We may use third parties to outsource one or more aspects of our business and/or Website operations (such as data processing, web analytics, maintenance, and security execution and clearing services), in which case, we may provide your Personal Information to such third parties in connection with the performance of such activities.
- Our service providers (e.g., PayPal) as our payment processor at our Store) may collect certain information about your visits to, and activity on, the Website as well as other websites or services, they may set and access their own tracking technologies on your device (including Cookies and Web Beacons), and they may use that information to show you targeted advertisements.
- In the event that we undergo re-organization, are sold to or merged with a third party, or sell all or substantially all of our assets, any Personal Information we hold about you may be transferred to that re-organized entity or third party in compliance with applicable law.
- In addition to the foregoing, we also reserve the right, and you hereby authorize us, to share or disclose (including, without limitation, to law enforcement agencies, public authorities, governmental departments, or other similar organizations) information we collect, including your Personal Information, and any other information, records or electronic communications of any kind, when we determine (in our sole discretion), that the disclosure of such information is necessary to identify, contact, or bring legal action against you if:
- you are interfering with our or any third party’s rights or property;
- you are violating any applicable law, rule or regulation;
- necessary or required by any applicable law, rule or regulation, including a subpoena or similar legal process or request/order.
Link to Third Party Websites
The Website may include links to other websites, mobile applications or services (“Third Party Sites”), whose privacy practices may differ from those set forth herein. Such links are not an endorsement by Company of those Third Party Sites and/or the products or services they offer. If you visit Third Party Sites or submit Personal Information to any of those Third Party Sites, your visit and Personal Information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Third Party Site you visit, as it may differ substantially from that of this privacy statement. Company makes no representations or warranties with respect to, nor is Company responsible for the privacy policies of, any Third Party Sites. If you decide to click on any such links or access any Third Party Sites appearing on the Website, you do so at your own risk.
Storage of Information
Your Rights Regarding Your Information
In certain circumstances you have the right to access the Personal Information that we hold about you and to correct, update, or request deletion your Personal Information. Prior to the fulfilment of your request concerning your Personal Information, we will ask you to verify your identity before we can act upon your request. Even after you request we delete your Personal Information, we may retain certain information as required by law or as necessary for our legitimate business purposes.
More specifically, you have the following rights:
- The right to require free of charge (i) confirmation of whether we process your Personal Information and (ii) access to a copy of the Personal Information retained;
- The right to request proper rectification, removal or restriction of your Personal Information;
- Where processing of your Personal Information is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, the right to receive the Personal Information concerning you in a structured, commonly used and machine-readable format or to have your Personal Information transmitted directly to another company, where technically feasible (data portability);
- Where the processing of your Personal Information is based on your consent, the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal or to any other existing legal justification of the processing activity in question;
- The right not to be subject to any automatic individual decisions which produces legal effects on you or similarly significantly affects you; and
- The right to take legal actions in relation to any breach of your rights regarding the processing of the Personal Information, as well as to lodge complaints before the competent data protection regulators.
As far as we process your Personal Information on the basis of our legitimate interests, you can object to processing at any time. You can find a detailed description of our processing activities and the legal basis herein. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your Personal Information and decide whether to adjust the processing accordingly.