Legal Agreements

This privacy policy ( “Privacy Policy”) applies to the website, the service, or any applications (including mobile applications), however accessed, owned and operated by SpotMyPhotos, an assumed name of CloudSpotter Technologies Inc., a Delaware corporation, its subsidiaries and affiliates (collectively, “CloudSpotter”, “we”, “our” or “us”), as well as your use of the services, features and content provided via the Services (the “Services”). This Privacy Policy only covers the Services and does not cover any information otherwise collected by us (such as, without limitation, information found offline or at any other website whether or not owned by us). This Privacy Policy sets forth the legally binding policies for your use of the Services and also applies to interactive features, downloads and other materials that we own and operate and make available through the Services. This site is intended for a general audience AGED 13 YEARS AND OLDER. If you are under the age of 13, you are expressly PROHIBITED from using the site. The purpose of this Privacy Policy is to inform you of the following: (i) the information that we collect through the Services; (ii) how we protect your information; (iii) how we store that information; (iv) what information, if any, we may share with third parties; (v) how you can review your personally identifiable information (“PII”) collected through the Services and request modifications and corrections; (vi) how we protect children’s privacy; (vii) other websites and services; (viii) how to contact us; (ix) acceptance of our Privacy Policy; and (x) changes to our Privacy Policy. Our Privacy Policy applies to all visitors, users, and others who access the Services (“Users”). By using our Services you understand and agree that we are providing a platform for you to post content, including photos, comments and other materials (“User Content”), to the Services and to share User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Services, consistent with the terms and conditions of this Privacy Policy and our End User Agreement (which can be found at https://www.spotmyphotos.com/terms (“Agreement”).

1. COLLECTED INFORMATION (a) Personal Information You Provide. We collect personal information which you provide to us directly, or authorize to be provided to us, including, without limitation, your email address, phone number, name, username, password, profile information, user content that you post, and user communications. Additionally, we may use your personal information to communicate with you about special Services, offers, and updates. b) “Biometric identifiers” or “biometric information” as those terms are defined in the Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq. These “biometric identifiers” or “biometric information” may relate to you or the person you are legally authorized to represent. Not all photo delivery methods used by CloudSpotter incorporate biometric information and identifiers, however, for those methods which do so – the use of which requires that one opt-in from one’s own device – the information to be collected, stored, maintained and used by CloudSpotter consists of facial recognition parameters derived from photographs and is solely utilized to identify additional photographs. (c) Non-Biometric Identifiers. CloudSpotter uses logic, computer vision and pattern recognition technologies to utilize a variety of clues within photo content flowing through the CloudSpotter platform. Such information is used to help identify photographs that may be relevant to users. Not all photo delivery methods used by CloudSpotter include use of non-biometric identifiers. (d) Cookies; Analytics. A cookie is a small file which is placed on your computer’s hard drive. While visiting the Services, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use the Services and how we provide features to you. We may also ask advertisers, third party analytical services providers, or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party. Cookies are a tracking technology that records statistical data to allow for full Services functionality. Cookies also allow our Services and web applications to respond to you as an individual. Our web applications can tailor their operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We also use cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our Services in order to tailor it to customer needs. The cookies used in connection with the Services collect statistical information using your device’s unique identifier or internet protocol address. Cookies do not give us, or our third party providers, access to your PII or computer, other than the data you choose to share with us. While some web browsers allow you to choose to accept or decline cookies, many web browsers automatically accept cookies. You can usually modify your browser setting to decline cookies. However, this may affect the functionality of the Services and prevent you from taking full advantage of all of its features. (e) Log File Information. Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or application. It can also be provided when the content of the webpage or application is downloaded to your browser or device. When you use our Services, our servers automatically record certain log file information, including your web request, internet protocol address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from e-mails sent to our Users which then help us track which e-mails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Services. (f) Device Identifiers. When you use a mobile device like a tablet or phone to access our Services, we may access, collect, monitor, store on your device, and remotely store one or more “device identifiers”. Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data we send to the device. A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or a third party partner provide reports or personalized content and advertisements. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled. (g) Metadata. When you use our Services, we may collect certain metadata related to your use of the Services or User Content that you post. Metadata is technical data that is associated with User Content. For example, metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have metadata added to their User Content. This makes your User Content more searchable by others and more interactive.
2. PROTECTING YOUR INFORMATION We use industry standard encryption on the Services where personal information is collected or where stored. Additionally, we urge you to take every precaution to protect your personal data when you are on the Internet. Do not share your personal information with others with whom you may communicate through the Services. Change your passwords often, use a combination of letters and numbers and use a secure browser when accessing our Services. We take reasonable steps to protect the information that you transmit via the Internet. However, information that is transmitted via the Internet or through other content or information-sharing devices (e.g., smartphone or tablet) cannot be absolutely secured. WE DO NOT WARRANT OR REPRESENT THAT WE CAN GUARANTEE THE SECURITY OF ANY PERSONAL INFORMATION THAT YOU TRANSMIT TO US. YOU USE THE SITE AND PROVIDE SUCH PERSONAL INFORMATION SOLELY AT YOUR OWN RISK. In the event of a data or security breach in which your PII may be compromised, we will make commercially reasonable efforts to notify you and the requisite governmental or other regulatory agency promptly and as required by law and to mitigate the extent of such breach.
3. STORING YOUR INFORMATION Your information collected through the Services may be stored and processed in the U.S. or any other country in which CloudSpotter, its Affiliates (as defined below) or Service Providers (as defined below) maintain facilities. The Company, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. When SpotMyPhotos transfers European individuals’ personal data outside of the European Union, we use one of the European Commission-approved transfer mechanisms. By registering for and using the Services you consent to the transfer of information to the U.S. or to any other country in which CloudSpotter, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. We use commercially reasonable safeguards to help keep the information collected through the Services secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, we cannot ensure the security of any information you transmit to us or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed. Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to e-mails between you and CloudSpotter, at all times. Biometric identifiers, if used at all, will be stored by CloudSpotter for no more than is necessary, until deletion is requested or no more than three years, whichever is shortest.
4. SHARING COLLECTED INFORMATION (a) With the exception of biometric information and biometric identifiers, we may share User Content and your information (including but not limited to, PII, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that CloudSpotter is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Services (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third party organizations that help us provide the Services to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Services under reasonable confidentiality terms. We may share from time to time aggregate statistical information with our sponsors or advertisers (such as aggregate data regarding Users’ ages, general geographical locations, gender, web traffic, patterns and preferences). Additionally, we may offer temporary licenses to parties in cities where CloudSpotter does not currently operate. In connection with such temporary licenses, we may offer approvals to these parties to use our software for the purpose of hosting an event in such other cities for a fee. (b) Except as otherwise provided in this Privacy Policy, at no time will we sell, trade, rent or use your personal information without your prior written consent. Our Services are intended for use by persons that are 13 years of age or older, or the age of majority in the jurisdiction in which you live, whichever is older. You must be at least 13 years old to register WITH OUR SITE. We may use the information that we collect about you in connection with the following: (i) to provide you with information or Services or to process transactions that you have requested or agreed to receive, including to send you electronic newsletters or to provide you with special offers or promotional materials on behalf of us or third parties; (ii) to enable you to participate in a variety of Services; (iii) to process service requests, which may include e-mail verification; (iv) to improve the Services by customizing your experience with our Services, or to serve you specific content that is most relevant to you; (v) to contact you with regard to your use of the Services and, in our discretion, to make changes to the Services policies; (vi) to comply with court orders, valid subpoenas and other applicable laws and regulations; (vii) for our business purposes, including in the event of a business transfer; and (viii) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy, including information collected by cookies for statistical and analytical purposes.
5. REVIEW AND CORRECTIONS TO PII You are solely responsible for the accuracy and content of any personal information that you submit to the Services (or which may be collected by the Services pursuant to this Privacy Policy). If you wish to review your PII stored by CloudSpotter and make any legitimate corrections, please contact CloudSpotter pursuant to Section 8 below.
6. CHILDREN CloudSpotter is deeply committed to protecting the privacy of children on the Internet. Again, the Services is intended for a general audience aged 13 years and older. CloudSpotter does not knowingly solicit personal information from children under the age of 13 or send children under the age of 13 requests for personal information. We do not knowingly collect information from individuals under 13 years of age and we will delete any PII collected from individuals that are under 13 years of age. You must be at least 13 years old and legally able to enter into a binding contract in the jurisdiction where you reside to use the Services and to submit any personal information to CloudSpotter. If you are not 13 years of age or do not meet these requirements, you are EXPRESSLY prohibited from using the Services and ALL SERVICES PROVIDED BY CloudSpotter. By using the Services, Services, or transacting and attempting to transact any business with CloudSpotter, or submitting or attempting to submit any personal information to CloudSpotter, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD AND LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT IN THE JURISDICTION IN WHICH YOU RESIDE. Further, you hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and User account(s) to ensure compliance herewith. If you believe that we might have any information from or about a child under the age of 13, please contact us pursuant to Section 8 below.
7. OTHER WEBSITES AND SERVICES We are not responsible for the practices employed by any websites or services linked to or from our Services, including the information or content contained within them. Please remember that when you use a link to go from our Services to another website or service, our Privacy Policy does not apply to those third party websites or services. Your browsing and interaction on any third party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your User Content. If you are using a third party website or service and you allow them to access your User Content you do so at your own risk.
8. HOW TO CONTACT US If you have any questions about this Privacy Policy or the Services, please contact us at (i) 847-943-9666, (ii) legal@spotmyphotos.com or (iii) 802 E Whiting Street, Tampa, Florida, 33602, USA.
9. ACCEPTANCE OF THIS PRIVACY POLICY Your access to and use of the Services that are offered to you is expressly conditioned on your acceptance of this Privacy Policy in its entirety, without modification, our Agreement, and any other policies posted on the Services. Your use of the Services constitutes your agreement to all such terms, conditions, notices and policies, and for components of our service which use biometric identifiers or information, you will not be able to generate a gallery and proceed without consenting upon your own device to the acceptance of such terms. If you do not agree to this Privacy Policy in its entirety, you are not authorized to use the Services in any manner or form whatsoever. All potential users, however, are presented with some alternative options for manual photo delivery, bypassing the use of biometric information, biometric identifiers and the core set of services to potentially receive a single photo upon their phone, or – at the sole discretion of a service provider – may receive the option for manually delivering a photo or set of photos as a general courtesy by means independent of the CloudSpotter platform and Services.
10. CHANGES TO THIS PRIVACY POLICY We will always post the last revised date at the top of this Privacy Policy. You should always check the last revised date of the policies posted herein before using the Services. Your continued use of the Services following the posting of changes to this Privacy Policy will be deemed as your acceptance of those changes. CloudSpotter reserves the right to remove, edit or modify any content in this Privacy Policy from time to time without notice to you. Any changes to the Privacy Policy will apply as soon as they are posted; however, we will not use your PII in a manner that is materially different from what is stated in this Privacy Policy at the time you shared such information.