Privacy Policy

Effective Date: April 1, 2024

This privacy policy (the “Privacy Policy”) describes the types of Personal Information Printer’s Academy On Line, LLC DBA Photaka (“Photaka,” “we,” “us,” or “our”) may collect from website visitors and while providing Photaka’s Services (“Users,” “you,” or “your”). It also describes our policies and procedures on the collection, use, maintenance, protection, and disclosure of your Personal Information and tells you about your privacy rights and the choices you may have with respect to your Personal Information. 

The term “Services” means, collectively, our website at https://www.photaka.com/ (“Site”) and the services that we provide to photographers using our services (“Photographers”).

The term “Personal Information” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Please read this Privacy Policy carefully before accessing and using the Services to understand our policies and procedures regarding your Personal Information and how we will treat it.

Capitalized terms not defined in this Privacy Policy have the meaning set forth in our Terms of Use. 

Updates

We reserve the right to modify this Privacy Policy at any time by posting an updated Privacy Policy on our website. If we make changes, we will notify you by revising the date at the top of the policy. If we make any material changes, we may provide you with notice on the Site, and we may also, at our sole discretion, provide active registered Users with an email notice of those changes. You are responsible for regularly reviewing this Privacy Policy, and your continued use of the Services after we make changes is deemed your acceptance of the updated Privacy Policy. If any modification is unacceptable to you, you shall cease using the Services or notify us of your decision to opt out as provided in this Privacy Policy. If you have questions about this Privacy Policy or wish to exercise any of your rights under this Privacy Policy, you may contact us at support@photaka.com.  

• Personal Information We Collect About You

Photaka collects Personal Information from the following categories of sources: (a) directly from you; (b) indirectly/automatically from you; (c) from our Photographers; and (d) from third parties.

Personal Information We Collect Directly From You

While you are accessing or using our Services we may ask you to provide us with certain Personal Information about you that is necessary to provide you with the Services, and you may also choose to provide us with additional Personal Information.

You may also provide us with information about you at the time of submitting a contact form, providing feedback, purchasing Services, or requesting customer support, which may include the following:

• Contact information: first and last name, email address, mailing address, and telephone number;
• Business Information: business name, industry, and address;
• Payment information: our third-party payment processor may also collect your credit card information and provide us with your name, services purchased, and the date and time of the transaction;
• Mobile Device Information: we may access and receive information that you provide us access to;
• Communication information: any content of any communications you send and/or receive through the Services or through other communication, such as email, to or from us; 
• Customer Testimonials: any customer testimonials and comments on our Services, which you provide us through consent; and
• Feedback and Support: information you provide through our customer service helpdesk, including subjects, descriptions, request type, and attachments. 
• Shoot Information: if you register for a Shoot, we will collect Personal Information from you at the time of Shoot registration, including the Shoot date, time, location, and other information you provide us.

We will not ask or require you to provide sensitive information such as information related to your finances, health, marital status, or any other information not required to provide the Services. We will not ask for, and you should not provide us with, information regarding protected classifications, including: race, color, religion, national origin, age, sex/gender, gender identity, sexual orientation, marital status, medical condition, and disability information, as described under the appropriate state or federal law.

Information We Automatically Collect From You

While you are accessing and using our Services, we may automatically collect certain information from you. This information may include:

• Browser Information: information about your device’s internet protocol address (e.g. IP address), browser type, and version;
• Browsing History: information about the pages of our Site that you visit, the date and time you access those pages, and the time spent on those pages, and other actions while using the Site;
• Geolocation Data: information such as the approximate location determined from your IP address;
• Device Information: information about the device you use to access our Services, including the hardware model, the type of mobile device you use, operating system and version, and unique device identifiers; and

The information we automatically collect from you is only statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways to help us improve our Services and deliver a better and more personalized service. We use these technologies for a number of purposes, including enabling you to use the Services, facilitating the functioning of and your access to the Services, better understanding how you navigate through our Site, and detecting and preventing fraud. 

The technologies we may use for this automatic data collection may include: 

Cookies (or browser cookies).  Cookies are small files placed on your computer’s hard drive when you access certain websites that record your preferences. We use cookies to track the use of and improve our Site.

Web Browser Storage.  Some websites use the browser’s “sessionStorage” and “localStorage” to store data; “sessionStorage” is stored temporarily, but the “localStorage” is persistent. You may erase them by deleting your browser’s history. 

Web Beacons.  Certain sections of the Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, or single-pixel gifs) that permit us to determine whether you performed a specific action, for example, if you visited the Site or opened an email.

Third-Party Use of Cookies

Some content or applications on the Site are served by third parties, including payment processors and content and application providers. These third parties may use cookies, web beacons, or other tracking technologies to collect information about you when you access or use our Site. The information they collect may be associated with your Personal Information, and/or they may collect information related to your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third-party tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For more information about how you can opt out of receiving targeted advertising from many providers, see the Network Advertising Initiative’s opt-out page and Google Ads setting page. 

Website Analytics

We use website analytics that track and report website traffic (“Website Analytics”). We use Website Analytics as a third-party tracking service, but we don’t use it to track you individually or collect your Personal Information. We use Website Analytics to collect information about how our Site performs and how our users navigate through and use the Site. This information helps us evaluate the use of the Site and improve our Site performance.

Website Analytics may gather certain non-personally identifying information over time, such as your IP address, browser type, internet service provider, referring and exit pages, timestamp, and similar data about your use of the Site. We do not link this information to any of your Personal Information, such as your username.

Google Ads (AdWords)

We use remarketing services to advertise on third-party websites after you visit our Services. We and our third-party vendors use cookies to inform, optimize, and serve ads based on your past visits to our Services. Google Ads (AdWords) remarketing service is provided by Google Inc. You can opt out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page. Google also recommends installing the Google Analytics Opt-out Browser Add-on for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.

Personal Information We Collect from Our Photographers

When Photographers use our Services, they may provide us with Personal Information such as your first and last name, email address, physical address, phone number, or other information about you. We cannot control the types of Personal Information that our Photographers provide us, but we will treat such Personal Information according to the terms of this Privacy Policy.

Personal Information We Collect from Public Sources

We may collect Personal Information about you through public sources, such as your company’s website, LinkedIn pages, and other publicly available sources. When we collect and store Personal Information obtained through public sources, we will maintain such information according to the terms of this Privacy Policy.

• How We Use Your Personal Information

We use the Personal Information you provide or we collect, if applicable: 

• To provide you with information about Shoots that you may be or have shown interest in;
• To keep you updated regarding Shoots that you have registered for;
• To present our Site to you;
• To provide and maintain the functionality of the Services;
• To notify you about changes to our Site or Services;
• To allow you to participate in interactive features of our Services when you choose to do so;
• To provide customer support;
• To create and manage your account; 
• To allow you to log into the Services;
• To process payments for the Services;
• To provide you with news, special offers, and general information about other goods, services, and Shoots that we offer that are similar to those you have already purchased or enquired about, unless you have opted not to receive such information;
• For our internal business purposes, such as data analysis, and audits;
• To gather analysis or valuable information so that we can improve our Services;
• To fulfill our obligations and enforce our rights arising from any contracts you entered with us;
• To monitor the usage of our Site and the Services; 
• To detect security incidents and protect against deceptive, illegal, or unauthorized activities; 
• To comply with applicable law;
• To evaluate and/or conduct a divestiture, restructuring, dissolution, merger, or other transfer or sale of our assets;
• In any other way we may describe when you provide the Personal Information; and
• For any other purpose with your consent. 

• How We Share and Disclose Your Personal Information

Where permissible under applicable law, we may share your Personal Information in the following situations:

• With Our Customers:  When you register for a Shoot, we will share your Personal Information with the applicable Photographer hosting the Shoot, as well as related service providers involved in planning, hosting, and providing the Shoot.
• With Service Providers.  We may share your Personal Information with service providers, contractors, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
• With Business Partners.  We may share your Personal Information with our business partners to offer you certain products, services, or promotions, and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
• For Business Transfers.  We may share or transfer your Personal Information in connection with, or during negotiations of, a merger, sale, financing, or acquisition of all or a portion of our business to another company.
• As Aggregated Information.  We may disclose aggregated information about our users and information that does not identify any individual to our advertisers, business partners, or any other third party.
• To Enforce Our Agreements.  We may disclose your Personal Information to enforce and administer our legal agreements.
• To Protect Our Rights.  We may disclose your Personal Information to protect the rights, property, or personal safety of our company, its employees, its members, and members of the public. 
• For Legal Compliance.  We may disclose your Personal Information to comply with applicable laws, a court order, or legal processes, including to respond to (a) notices of intellectual property infringement, (b) claims that information violates the rights of third parties, and/or (c) government or regulatory requests.
• With Your Consent.  We may disclose your Personal Information for any other purpose with your consent.

• How We Secure Your Personal Information

We use commercially reasonable technological safeguards to secure the Personal Information we collect about you. The secure server software (“SSL“) encrypts all information you input before sending it to us on our Site. The security of your Personal Information is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. If you have any questions about the security of our Services, you can contact us at support@photaka.com.  

• Responsible Disclosure of Security Vulnerabilities

If you have discovered or believe that you have discovered a security vulnerability on the Services, or if you encounter any Personal Information of any other user, we request that you notify us immediately at support@photaka.com. If you are conducting any security test of the Services and encounter any sensitive data (including financial information, proprietary information, or trade secrets of any party), you must stop your test, notify us immediately, and not disclose this data to anyone else. We will use commercially reasonable efforts to identify, investigate, and remedy any potential security vulnerabilities with the Services within a reasonable timeframe upon notification to us. If we believe that a security vulnerability does or could exist, we reserve the right to limit access to the Services and to require you to update your password or account emails or take any additional security measures before the Services may be accessed.

• How You Can Manage Your Personal Information

You may correct, amend, or delete the information we hold and control about you by contacting us at support@photaka.com. After receiving proof of your identity, you may request that we delete or change any or all of your Personal Information (subject to certain exceptions), and we will do our best to respond to your request within thirty (30) days of receipt. You are responsible for keeping your Personal Information up to date. 

To update Personal Information controlled by a Photographer, you must contact the applicable Photographer directly.

• Retention of Your Personal Information

We may retain your Personal Information for as long as your account is active or as needed to provide you with the Services. We will also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 

We may also retain statistical data for internal analysis purposes. Statistical data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer periods. 

• Consent to Processing of Your Personal Information in the United States

Please be aware that your Personal Information may be processed by us (and third parties on our behalf as further described in this Privacy Policy) outside of your home country, including in the United States, where data protection and privacy regulations may not offer the same level of protection as privacy laws in your country. If you provide us with Personal Information, you agree to this Privacy Policy, and you consent to the transfer of your Personal Information to the United States, if applicable. We will take all the steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place, including the security of your Personal Information.

Opting Out of Personalized Ads

You may choose to opt out of receiving emails and newsletters from us and delete, disable, and manage browser cookies and web browser storage.

Marketing Emails Opt-Out

If you no longer want to receive marketing emails from us, you may click the “Unsubscribe” link in an email, follow the instructions provided in any email we send, or contact us at support@photaka.com.

Tracking Opt-Out

You can opt out of accepting cookies (or browser cookies) by activating the appropriate settings on your browser or setting your browser to alert you when cookies are being sent. However, if you disable or refuse, you may not be able to access and use some parts of the Site.

• Third-Party Websites

We may provide links to third-party websites on our Site or otherwise through our Services, and this Privacy Policy does not apply when you access such third-party websites. We have no control or responsibility over their data collection, use, or disclosure practices. When you click on links that take you to external websites, you will be subject to their privacy policies. If you access and transmit information to third parties’ websites, you do so at your own risk. You should carefully review the privacy policy of any third-party website you visit before using it or disclosing your Personal Information to its provider.

• Collection of Payment Information

We may use third-party service providers for payment processing, where applicable. We will not store or collect your payment card details. The information will be provided directly to our third-party payment processor, whose use of your Personal Information is governed by their privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

• Personal Information of Minors

The Services are intended for individuals 16 or older. If you are under 16, you may not use the Services. We do not knowingly collect information from or direct any of our content specifically to children under 16. If you believe we might have any information from or about a child under the age of 16, please contact us at support@photaka.com.

• Supplemental Notice to California Residents 

Californian users of the Services may have additional rights afforded to them under California Privacy Laws (defined below). 

Additional Definitions Applicable to California Privacy Laws

“CCPA” or “California Consumer Privacy Protection Act” means California Civil Code § 1798.100 et seq.

“Consumer,” “Business,” “Sell,” and “Service Provider” will have the meanings given to them in the CCPA.

“Personal information” is information that identifies, relates to, or could reasonably be linked with you or your household. For example, it could include your name, social security number, email address, records of products purchased, internet browsing history, geolocation data, fingerprints, and inferences from other personal information that could create a profile about your preferences and characteristics.

California Consumer Privacy Act (“CCPA”)

Your Rights.  If the processing of your Personal Information is subject to the CCPA, you have the right to:

• Request us to disclose the categories and specific Personal Information we collect, use, disclose, and sell;
• Know the categories of Personal Information that we collect and the purposes for which we collected or used such Personal Information and whether that information is sold or shared; 
• Know the categories of sources from which the Personal Information was collected;
• Know the categories of third parties with whom we shared or to whom we sell your Personal Information;
• Know whether we collected or sold your Personal Information for business or commercial purposes; 
• Request deletion of Personal Information we collected from you, subject to certain exceptions;
• Opt-out of the sale of your Personal Information; and
• Not receive discriminatory treatment by us for exercising your rights set out in the CCPA.

Categories of Personal Information Collected by Us

For information about what categories of Personal Information we may collect from our Site visitors and Customers in the twelve (12) months preceding the date this Privacy Policy was last modified, the sources of such information, the purposes for collecting and using that information and what types of third-party service provider we may share that information with please see the following sections in this Privacy Policy titled: ‘Personal Information Collected by Us;’ ‘How We Use Your Personal Information;’ and ‘How We Share and Disclose Your Personal Information.’ For more information about how to review and change your Personal Information collected through the Services, please see the section titled ‘How You Can Manage Your Personal Information.’

Categories of Personal Information Disclosed for a Business Purpose

The following is a summary of the categories of Personal Information we have disclosed for a business or commercial purpose in the 12 months preceding the date this Privacy Policy was last modified. 

Such categories of Personal Information may be collected, used, or disclosed for business and commercial purposes, which may include the following examples:

• To operate and improve our Services;
• To provide you with the Services, respond to your inquiries, and give you the necessary support;
• To respond to law enforcement requests, court orders, or governmental regulations;
• As described to you when collecting your Personal Information or as otherwise set forth in the CCPA;
• For internal administrative and auditing purposes; and
• To detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Do Not Sell My Personal Information 

As a California consumer, you have the right to opt out of the sale of your Personal Information. To make such a request, please contact us by email at support@photaka.com.

In the past 12 months, we have not sold your Personal Information other than to utilize Website Analytics in order to gain insights regarding how users interact with and to better provide the Site. See the heading titled ‘Website Analytics’ for more information about our use of Website Analytics and the categories of Personal Information collected by Website Analytics.

Minors

Our Services are intended for individuals 16 years or older. If you are under 18 and have provided Personal Information to us through our Services, you have the right to request and obtain the removal of content or information you have publicly posted under the California Business and Professions Code Section 22581. Be aware that your request does not guarantee the complete removal of content posted online, as the law may not permit or require removal in certain circumstances.

Do Not Track Features

California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. However, at this stage, there is no uniform technology standard for recognizing and implementing DNT signals. As such, we do not currently respond to or support DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. 

California’s Shine the Light Law

Under California’s Shine the Light Law, California Consumers may request the type of Personal Information we disclose to third parties for their direct marketing purposes and a list of those third parties (if any). We have not disclosed Personal Information to third parties for direct marketing purposes.

To make any requests regarding your California Privacy Rights, please contact us by email at support@photaka.com.

• Supplemental Notice To Individuals that Reside In the European Economic Area

Users of the Services that are residents of the European Economic Area (EEA) may have additional rights afforded to them under the EU General Data Protection Regulation (GDPR) and European Union Member States, including the United Kingdom and Switzerland.

Making a request in relation to your Personal Information

The GDPR gives EEA consumers various rights with respect to the Personal Information we collect, including the right to (subject to certain limitations):

• Request copies of your Personal Information;
• Access, update, or delete the Personal Information we have on you;
• Request that we correct any information you believe is inaccurate, or request us to complete information you believe is incomplete;
• Request erasure of your Personal Information that we have collected, under certain conditions;
• Request that we restrict the processing of your Personal Information, under certain conditions;
• Object to processing of your Personal Information, under certain conditions;
• Request that we transfer the data we have collected to another organization, or directly to you, under certain conditions; and
• Withdraw consent at any time where we are relying on consent to process your Personal Information. 

Please note that we may ask you to verify your identity before responding to such requests. You will not have to pay a fee to access your Personal Information or to exercise any of the other rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive.

Should you wish to report a complaint or if you feel that we have not addressed your concern in a satisfactory manner, you may contact your local Data Protection Authority about our collection and use of your Personal Information.

Legal Basis for Processing

We need a lawful basis to collect, use, and disclose your Personal Information as a controller. Our lawful basis will depend on the information concerned and the context in which it is processed. Generally, we rely on the following lawful basis for processing Personal Information:

• We need to perform a contract with you;
• You have given us permission to do so;
• The processing is in our legitimate interest, and it is not overridden by your rights;
• For payment processing purposes; and 
• To comply with the law.

Transfers of Personal Information

If you live in the EEA, we will transfer your Personal Information from the EEA to countries outside the EEA using reasonable safeguards.

• Contact Information

If you have any questions or complaints about this Privacy Policy or our handling of your Personal Information, please contact us at support@photaka.com.