PRIVACY POLICY
Last Updated July 28, 2021
Fashion Photographer James Santiago (“FPJS,” “we,” or “us”) provides this Privacy Policy to explain our practices regarding the collection, use, and disclosure of information in connection with our website, booking software, and image proofing (collectively, our “Booking Service”) and other activities described in this Privacy Policy, as well as your choices regarding the collection and use of information. This Privacy Policy applies only to the practices of companies we own, control, or are united with under common control. By accessing or using our Booking Service, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.
Click on the links below to jump to each section:
1. HOW WE COLLECT AND USE YOUR INFORMATION
We collect the following types of information about you:
Information you provide us directly — We ask for certain information such as your name, e-mail address or phone number if you submit a form for contact with the Booking Service, or if you correspond with us (in which case we will also retain our responses). If you book services, then we may also ask for additional information, such as your credit card number and billing address. We may also retain any messages you send through the Booking Service, and may collect information you provide in content you post, publish, submit, upload, transmit, or otherwise make available through the Booking Service, such as polaroids, pictures or images, information, comments, questions, messages, and other content or information, as well as associated metadata (“User Content”).
Metadata — Metadata typically consists of how, when, where and by whom a piece of User Content was collected and how that content has been formatted. Content can also include keywords posted with a photo or video, including names, geographical or location information, comments or other data. This data is embedded in any images you share with us. Images saved from third party websites and then sent to us may contain additional information you are unaware of. However, this metadata is not purposefully viewed, stored, nor utilized by FPJS.
We use this information to provide to you the features and functionality of the Booking Service. We may also use this information to communicate directly with you. We will send you communication emails containing pertinent information about your account, bookings and session information. We do not send newsletters, promotions and special offers. We may also use your information to send you Booking Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Booking Service, technical and security notices). You may not opt out of Booking Service-related e-mails.
Use of cookies, software development kits (“SDKs”), and other technology to collect information. We automatically collect certain types of usage information when you visit our website or use our Booking Service.
Analytics information — We do not collect analytics data, or use third-party analytics tools to help us measure traffic and usage trends for the Booking Service.
Cookies information — We do not use cookies.
Device identifiers/Location data — When you access the Booking Service by or through a mobile device (including but not limited to smart-phones or tablets) or computer, we may access, collect, monitor one or more “device identifiers.” Device identifiers are small data files or similar data structures associated with your device, which uniquely identify your device and IP Address. This device identifier may convey information to us about when and where you browse, view, and sign and contracts, forms, or confirmations in the Booking Service.
Ads — We do not display ads.
2. SHARING OF YOUR INFORMATION
We DO NOT share your information with third parties outside of FPJS. For further information, see the “Your Choices Regarding Your Information” section below.
3. HOW WE STORE AND PROTECT YOUR INFORMATION
Storage and Processing — Your information collected through the Booking Service is to be stored and processed in the United States.
Data Retention – We will retain your information for as long as your session is active or pending or as needed to provide you services. Please contact us if you wish to delete your inactive information permanently from our systems. Please be aware that we will not be able to delete any information needed for US Tax purposes if any payments have been made.
Keeping your information safe — FPJS cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Booking Service. However, FPJS cannot ensure or warrant the security of any information you transmit to FPJS or guarantee that information on the Booking Service may not be accessed, disclosed, altered, or destroyed.
Compromise of information — In the event that any information under our control is compromised as a result of a breach of security, FPJS will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
4. YOUR CHOICES ABOUT YOUR INFORMATION
The information we collect is the minimal information needed for proper booking and in most cases is not optional. After booking and fully completing your session, you may request us to delete your inactive information permanently from our systems. Please be aware that we will not be able to delete any information needed for US Tax purposes if any payments have been made.
5. CHILDREN’S PRIVACY
FPJS does not knowingly collect nor solicit personal information from anyone under the age of 13. The Booking Service and its content are not directed at children under the age of 13. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
6. LINKS TO OTHER WEBSITES AND SERVICES
We are not responsible for the practices employed by websites or services linked to or from the Booking Service, including the information or content contained therein. Please remember that when you use a link to go from the Booking Service to another website, our Privacy Policy does not apply to 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.
7. HOW TO CONTACT US
If you have any questions about this Privacy Policy or the Booking Service, please contact us.
1111 Lincoln Rd, Suite #500
Miami Beach, FL 33139
+1 305-726-1478
8. CHANGES TO OUR PRIVACY POLICY
FPJS may, in its sole discretion, modify or update this Privacy Policy from time to time. The “last updated” date at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes to the Privacy Policy will become effective when we post the revised Privacy Policy on the Booking Services (or as otherwise indicated at the time of posting). Your use of the Booking Service after those changes become effective means that you accept the revised Privacy Policy.
9. IMPORTANT INFORMATION REGARDING EUROPE
This section applies to individuals in the European Economic Area and the United Kingdom.
Controller. Fashion Photographer James Santiago is the controller of the personal data that we have about you and can be reached at: 1111 Lincoln Rd, Suite #500, Miami Beach, FL 33139 or through email.
Your rights. You may ask us to take the following actions:
- Access. Provide you with information about our processing of your personal data and give you access to it.
- Correct. Update or correct inaccuracies in your personal data.
- Delete. Delete your personal data.
- Export. Export a machine-readable copy of your personal data that you can use with a different service.
- Restrict. Restrict the processing of your personal data.
- Object. Object to our reliance on our legitimate interests as the legal basis of processing your personal data if that processing adversely impacts your legal rights.
To request one of these actions, contact us. We may request information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
Legal bases. We generally process your personal data on the following legal bases:
- Contractual necessity. You have entered a contract with us and we need to use some of your personal data to provide services you have requested or take steps that you request prior to providing services. For example, we cannot create an account for you if you do not provide required information like your email address or phone number. If you do not provide information indicated as required or mandatory within our service, or that is otherwise necessary to provide a requested service or feature within the service, it will not be available to you.
- Compliance with law. We may have to process or share your personal data to comply with legal obligations, such as to comply with a subpoena or legal process.
- Legitimate interests. We process your personal data for purposes that constitute our legitimate interests, such as fraud prevention and safety; protecting our, your or others’ property rights; exercising or defending legal claims; investigating violations of and enforcing our Terms of Use; analyzing and improving our services; and marketing and advertising.
- Consent. In some cases, we may process your personal data based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated at the time consent is requested.
Updates. Privacy laws are undergoing significant changes in Europe and we may need to further update our Privacy Policy as laws take effect and regulators provide additional guidance. While we will always notify you of any material updates, we encourage you to revisit our Privacy Policy from time to keep current with any changes.
Questions, concerns, complaints. If you have any questions or concerns, please contact us. In addition, you can always submit a complaint to your data protection regulator. You can find your data protection regulator here.
10. IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
Scope. This addendum supplements our Privacy Policy and applies only to California residents and the Personal Information we collect about them as a “business,” as defined under the California Consumer Privacy Act of 2018 (“CCPA”). For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. Additionally, this section does not apply to information we collect from you in the course of communicating with you in your capacity as an employee, controlling owner, director, officer or contractor of an organization (i.e., company, partnership, sole proprietorship, non-profit or government agency) while we are providing or receiving products or services to or from, or performing due diligence on, that organization.
Collection, use and disclosure of your Personal Information. For each category of data described above in Section 1 of this Privacy Policy, the following list describes the corresponding statutory categories of Personal Information specified by the CCPA in California Civil Code § 1798.140(o), the sources of that Personal Information, and the business/commercial purposes for collecting that Personal Information, as further described in Section 1:
Information you provide us directly (such as name, e-mail address, payment/billing information, correspondence you send to us, your photos and other User Content)
- CCPA category: identifiers; financial information; online identifiers; visual information
- Sources: you
- Purposes: to operate, maintain, and provide to you the features and functionality of the Booking Service and our business
Information from third parties (such as information about your use of a third party service like Facebook)
- CCPA category: identifiers; online identifiers
- Sources: third parties
- Purposes: for functionality related to the specific third party; for example, you can log-in to the Booking Service with Facebook and post your User Content to your social media platforms
Data about others (such as another person’s phone number that you submit to us through our invitation service)
- CCPA category: identifiers; online identifiers
- Sources: you
- Purposes: to operate, maintain, and provide the invitation service
Metadata (such as data about how, when, where, and by whom a piece of User Content was collected and how that content has been formatted)
- CCPA category: internet or network information
- Sources: you
- Purposes: to operate, maintain, and provide to you the features and functionality of the Booking Service; to communicate with you; to send Booking Service-related communications
Analytics information (such as traffic and usage information for the Booking Service)
- CCPA category: commercial information; internet or network information
- Sources: automatic collection
- Purposes: understand and improve the Booking Service
Cookies and similar technologies (which reveal information such as how you use the Booking Service)
- CCPA category: commercial information; internet or network information
- Sources: automatic collection
- Purposes: enable log-ins; enhance your navigation on our site; allow us or our business partners to track usage of the Booking Service; save information you previously entered; personalize your experience on the Booking Service; monitor and provide support for the Booking Service; comply with the Digital Millennium Copyright Act; provide interest-based advertising on other sites
Log file information (such as your web request, IP address, browser type, referring / exit pages and URLs, and how you interact with the Booking Service)
- CCPA category: internet or network information; online identifiers
- Sources: automatic collection
- Purposes: operate, maintain, and provide to you the features and functionality of the Booking Service; save information you previously entered; personalize your experience on the site and Booking Service; monitor and provide support for the Booking Service; enhance your navigation on the Booking Service; comply with the Digital Millennium Copyright Act; provide interest-based advertising on other websites or services
Device identifiers
- CCPA category: internet or network information; online identifiers
- Sources: automatic collection
- Purposes: enhance your log in and navigation on the Booking Service; save information you previously entered; personalize your experience on the Booking Service; monitor and provide support for the Booking Service; comply with the Digital Millennium Copyright Act; provide interest-based advertising on other websites or services
Location Data (such as your GPS coordinates or similar information)
- CCPA category: geolocation data; internet or network information
- Sources: automatic collection
- Purposes: operate, maintain, and provide to you the features and functionality of the Booking Service; save information you previously entered; personalize your experience on the Booking Service; monitor and provide support for the Booking Service; enhance your navigation on the Booking Service; comply with the Digital Millennium Copyright Act; provide interest-based advertising on other websites or services
California ‘Do Not Sell My Personal Info’ Notice. We DO NOT use advertising services.
Your right to information, access and deletion. You have the following rights under the CCPA:
- Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
- The categories of Personal Information that we have collected.
- Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
- Deletion. You can ask us to delete the Personal Information that we have collected from you.
- Nondiscrimination. You are entitled to exercise the rights described above free from discriminatory treatment prohibited by the CCPA.
You may submit a request to exercise your right to information, access or deletion by contacting us using this form. We reserve the right to confirm your California residency to process these requests and will need to confirm your identity. Government-issued identification may be required. You may designate an authorized agent to make a request on your behalf by providing a valid power of attorney or other proof of authority acceptable to us in our reasonable discretion. Government-issued identification may be required for both the requester and the authorized agent. We cannot process your request if you do not provide us with sufficient information to allow us to understand and respond to it. As email is not a secure communication channel, you should not email government-issued identification to us. In certain cases we may decline your request as permitted by law.
Questions. If you have any questions or concerns, please contact us.