Captivating Sports Photos

Privacy Policy

Last Updated Oct 16, 2024

Captivating Photos Privacy Policy

Captivating Sports Photos., and its affiliates and subsidiaries (referred to as “Captivating Photos,” “we,” “us,” or “our”) respects your privacy. This Privacy Policy governs the websites (each a “Site”) and mobile applications (each an “App”) that display or link to this Privacy Policy as well as the other services owned, operated, and/or provided by Captivating Photos (collectively, the “Services”). This Privacy Policy describes the types of personal information Captivating Photos collects from and about you, how Captivating Photos may use and disclose such information, and your choices and legal rights with respect to such information.

We collect, use, disclose, and otherwise process your personal information only in accordance with applicable data protection and privacy laws and this Privacy Policy. By using the Services, you agree to the collection, use, and disclosure of your personal information as described in this Privacy Policy. If you do not agree, please do not access or use the Services.

For purposes of this Privacy Policy, “personal information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you.

You can jump to particular topics by using the content tabs located on the right-hand side of the policy.

CALIFORNIA PRIVACY NOTICE

If you are a resident of California please see our CALIFORNIA PRIVACY.

VIRGINIA, COLORADO, CONNECTICUT, UTAH, OREGON & TEXAS PRIVACY NOTICE

If you are a resident of Virginia, Colorado, Connecticut, Utah, Oregon, or Texas, please see our VIRGINIA, COLORADO, CONNECTICUT, UTAH, OREGON & TEXAS PRIVACY NOTICE below.

WASHINGTON HEALTH PRIVACY NOTICE

If you are a resident of Washington, please see our WASHINGTON HEALTH PRIVACY.

NEVADA PRIVACY NOTICE

If you are a resident of Nevada, please see our NEVADA PRIVACY.

NON-US PRIVACY NOTICE

If you are in the UK, EU, or other country Captivating Photos of the United States, please see our NON-U.S. PRIVACY NOTICE below.

INFORMATION WE COLLECT

Depending on your use of the Services and how we otherwise interact with you, we may collect or obtain information from and about you in several ways, including (A) directly from you; (B) automatically when you interact with the Digital Services (as defined below); and (C) from third parties.

Personal Information You Provide

Captivating Photos collects personal information from you when you choose to share it with us. This may include when you use the Services; register or create an online account with or through the Services; purchase products or services; request information from us; our email list; use the Sites or Apps or otherwise communicate with or contact us.

The personal information we collect may include your biographical information (i.e., name, physical address, email address, telephone or mobile number, date of birth, and gender), registration information (i.e., username), activity and fitness preferences, photo, household size and other economic information, sizing information for apparel-related services, education level, preferences related to particular product lines, and additional information collected in connection with event participation (i.e., emergency contact information, team information, financial information if needed for disbursements, etc.).

You can choose to transfer information about your contacts to Captivating Photos by syncing such contact information from certain specified third-party accounts. If you choose to share your contacts, we will access and store your contacts' information as directed by you to identify potential connections also using our Services and help you connect with them.

Personal Information You Share Publicly or With Others When You Use the Services

You may choose to upload or add photos, videos, comments, reviews, or other content when you use our interactive Sites and Apps. You may also participate in online communities, including on our Sites and Apps and on social media. Any information you may disclose in a public manner on our Sites or Apps or in blogs, on message boards, activity feeds, in chat rooms, or other public forums (including third-party websites, applications, or services) is publicly available. Please exercise caution when disclosing personal information in these public areas.

Certain Services may also offer you the ability to message one-on-one or as a small group. Captivating Photos may store this information to continue to make it available to communications participants or as reasonably necessary to achieve a legitimate business or commercial purpose, such as providing you with or billing you for the Services, maintaining and operating the Services, and as necessary to protect Captivating Photos’ legal interests.

Personal Information You Provide When You Make a Purchase

If you purchase a paid subscription or other product or service from us, we or our third-party payment processors may collect a payment card number and related financial information (such as CVV, expiration date, and billing address) or information about other payment methods. Captivating Photos does not collect or retain your full payment card information. Captivating Photos may, however, process your billing address, the expiration date on your card, and the last several digits of your card number.

Information from Linked Accounts

You may choose to provide us access to information directly from your device (which may be a computer, tablet, smartphone or other device you use to access our Sites and/or Apps). This may include your location information, your fitness data, and/or your physical movements. It can also include user-generated content you may provide us with, such as videos and photos, or other data you provide us such as physiological data and/or data related to your lifestyle (including activity logged, distance covered, hardware used and/or other similar data related to your activity).

Personal Information Provided by a Friend or Other Contact

If someone sends you a communication from the Services, such as a gift subscription, Captivating Photos may use the information provided (e.g., your name, contact information, etc.) to facilitate communication with you or fulfill the order.

Photographs You Provide

As noted above, you may provide us with photos of yourself. Additionally, if Captivating Photos participates as a service provider for an event organizer, we (and our partners) may capture your likeness in photographs or other recordings. We and/or the applicable race organizer will seek your consent if Captivating Photos intends to derive your biometric information from photos or other images solely in association with the categorization of such photos in association with our race photography platform, Captivating Sports Photos.

Personal Information Automatically Collected

Whenever you visit or interact with the Sites and Apps and electronic or digital communications (the “Digital Services”), we, as well as any third-party advertisers and/or service providers, may use cookies, web beacons, pixel tags, or other technologies to automatically or passively collect information about your online activity, your location, and your use of the Digital Services. Specifically, we (and our partners and service providers) may automatically collect the following types of personal information when you interact with the Digital Services:

Device Information: When you access the Digital Services, information about your device may be collected, including IP address and/or other unique identifiers, browser type, device type, operating system, software version, hardware model, and mobile network information.
Usage Information: When you interact with the Digital Services, certain information may be collected, including the date and time of your visit, the pages you view immediately before and after you access the Digital Services, the areas or pages that you visit, the amount of time you spend viewing or using the Digital Services, the number of times you return, and other click-stream or site usage data. Additionally, if you receive an email from us, information may be collected about your interactions with the message (e.g., whether you opened, forwarded, or clicked-through to our Services).
Location Information: Information about your device’s general geographic location may be automatically collected when you access the Digital Services. In addition, in association with our navigation Services (GaiaGPS and Trailforks), we collect and process location information when you sign up for and use such Services. If you have enabled location services for our navigation Services apps, we may collect your precise location information for such apps to provide their core functionality. If you would like to stop the collection of your device’s location information, you may do so at any time by adjusting your mobile device settings.
Information from Linked Accounts: You may be given the option to link to your social media, third party fitness tracking device, or other third-party accounts through the Digital Services. When you do, we may automatically receive certain information about you based on your registration and privacy settings on those third-party services. This may include, but may not be limited to, your name, username, demographic information, updated address or contact information, location, fitness and activity information, interests, and social media and online activity information.

We also may use third-party analytics and tracking tools to better understand who is using the Digital Services, how people are using them, and how to improve their effectiveness as well as the effectiveness of any related content. We may also use these tools to help us or our third-party partners and providers serve more targeted advertising to you across the Internet. These tools may include cookies, pixel tags, or similar technologies that automatically collect and store certain personal information about your interaction with the Digital Services. Our third-party partners and providers may also combine information collected from your interaction(s) with the Digital Services with information they collect from other sources. To learn more about your interest-based advertising choices, please see the “Your Choices and Legal Rights” section below.

Please note that we use Google Analytics to better understand how users interact with the Digital Services. For information on Google Analytics’ information handling practices and how you can control the use of information sent to Google, please visit https://policies.google.com/technologies/partner-sites. If you wish to prevent your information from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout.

You may adjust your device or Internet browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features or take full advantage of all our offerings. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete cookies and/or disable your device or browser from receiving cookies or adjust your tracking preferences.

Personal Information Collected from Other Sources

We may acquire personal information about you from our partners and service providers (including, for example, business partners, analytics vendors, and advertising networks). We use the personal information we collect from other sources to help us maintain the accuracy of the information we collect; personalize your experience with the Services; target our communications so that we can inform you of products, services, or other offers that may be of interest to you; measure the performance of advertisements delivered to you; conduct internal business analysis; and fulfill other business or commercial purposes.

Combination of Personal Information

We may combine the personal information we receive from and about you, including information you provide to us and information we automatically collect through the Digital Services, and information collected offline. We may also combine information collected across the different computers or devices that you may use and from third-party sources. We use, disclose, and protect combined personal information as described in this Privacy Policy.

INFORMATION WE USE

Captivating Photos may use the personal information we collect to fulfill our contractual obligations to you and for a variety of legitimate business or commercial purposes, including:

To process your payments and fulfill your orders.
To fulfill your registration requests for events, experiences, or other programs, including events or programs organized by third parties.
To provide you with personalized information and content that you request, including maps, audio programs and podcasts, films, educational content, and event photography services.
To create a profile for you and personalize your experience on an activity feed, subject to your settings within your account’s Privacy Controls.
To protect the security and integrity of the Services and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities and managing risk exposure, including by identifying potential hackers and other unauthorized users.
To enhance and personalize your online browsing experience.
To understand the usage and operations of our Services; develop new products or services; and conduct analysis to enhance or improve our content, products, and services.
To comply with applicable laws and regulations and to respond to lawful requests and communications from law enforcement and other government officials.
To carry out sales and business transactions in which information held by us is among the assets transferred or is otherwise relevant to the evaluation, negotiation, or completion of the transaction.
To protect our rights, privacy, safety, property, and/or those of others.

INFORMATION DISCLOSURE

We may disclose each of the categories of personal information we collect from and about you with the following categories of recipients:

Our Affiliates and Subsidiaries: We may disclose your personal information to Captivating Photos affiliates and subsidiaries for business, operational, promotional, and marketing purposes.
Our Service Providers: We do not disclose your personal information to third parties that provide business, professional, marketing, analytics, or technical support services to us; help us operate our business and the Services; or administer activities on our behalf. We require our service providers to only use your personal information in connection with providing services to Captivating Photos.
Other Users and the Public: We do not share your information or profile with other users or the public
Our Analytics and Advertising Partners and Providers: Certain parts of the Digital Services cookies, pixels, or similar technologies. For example, we (or our partners and service providers) may use cookies or other technologies provided by third parties to deliver more relevant advertising and to link information collected across different computers or devices that you may use. Use of these technologies may allow third parties to receive personal information about your use of the Digital Services.
Competent Governmental and Public Authorities: We will disclose your personal information as necessary to respond to subpoenas, judicial processes, or government requests and investigations, or in connection with an investigation on matters related to public safety. We may disclose your information to protect the security of our Services, servers, network systems, and databases. We also may disclose your information as necessary, if we believe that there has been a violation of our Terms of Use, any other legal document or contract related to our Services, or the rights of any third party.
Relevant Third Parties in Connection with a Business Transaction: We may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, your personal information may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, your personal information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use commercially reasonable efforts to try to require that the transferee use the transferred personal information in a manner that is consistent with this Privacy Policy.
Other Parties: We may disclose your personal information when you consent or direct us to share your information, such as when you connect your account to a compatible service that is not provided by us. Additionally, we will disclose your personal information to other parties as we believe necessary or appropriate either to: (i) comply with applicable law; (ii) protect our operations and those of our affiliates and subsidiaries; (iii) investigate and prevent against fraud; (iv) protect our rights, privacy, safety, or property and/or those of others; or (v) allow us to pursue available remedies or limit damages that we may sustain.

Please note that we may also de-identify or aggregate personal information so that it will no longer be considered “personal information” and disclose such information to third parties for any purpose as permitted by law, including for marketing or analytics purposes.

YOUR CHOICES AND LEGAL RIGHTS

We respect your privacy and provide you with information about our processing of your personal information and the ability to exercise control over our use of your information. This section of our policy outlines: (a) your choices about how we use your personal information; (b) your legal rights related to your personal information based on where you reside; and (c) specific disclosures required by law in certain States and other territories.

Your Choices

We provide you with the ability to make certain choices about how we use your personal information, as described below.

Marketing and Promotional Communications: You can opt out of receiving marketing and promotional communications from us at any time by using the contact information below or following the instructions included in any marketing or promotional communications that you receive from us. Note that even if you opt out of receiving marketing and promotional communications from us.
Cookies: As noted above, we currently do not use cookies on the our Sites.
Location-Based Services: If you use the Apps, you may control our collection and use of location-based information by adjusting the settings on your mobile device. You can also stop our collection of location information from your device(s) by uninstalling the Apps.

Your Legal Rights

Depending on where you reside or were located when we collected your personal information, you may have certain rights in relation to your personal information, as described below. For more information about jurisdictions where these options are available, please read the additional instructions immediately following the list of rights below.

Right of Access:

You may ask us to confirm whether we are processing your personal information and, if so, details regarding our processing of the personal information.
You may also request that we provide your personal information, in a portable and, to the extent technically feasible, readily usable format.
You may request information about our disclosure of your personal information to third parties, including a list of any third parties to whom we disclosed your personal information for direct marketing purposes

Right to Delete: Subject to certain exceptions, you may request that we delete your personal information. There are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, or to comply with a legal obligation.
Right to Correct: Subject to certain exceptions, you may request that we correct inaccuracies in your personal information. We will take commercially reasonable efforts to make the corrections that you request.
Right to Opt Out of Certain Types of Information Uses and Disclosures: As described above, we use and disclose to third parties personal information for analytics and advertising purposes. If you are interested in exercising your right to opt out of the “sale” of your personal information or the processing of your personal information for “targeted advertising” (as these terms are defined in applicable law), you may submit a request at any time by submitting the Consumer Privacy Rights Request linked at the bottom of our Sites (where available based on user location and applicable law) and/or visiting the “Cookie Preferences” tool in the footer of the Sites and toggling the “Performance Cookies” and/or “Targeting Cookies off.
Right to Revoke Consent: We may seek your affirmative consent to process your personal information for certain purposes. Where applicable, you may revoke your consent at any time.
Right to Limit Certain Processing Activities or to Object to Certain Processing Activities: Where we have not sought your affirmative consent to process your personal information, you may have the right to limit or object to our continued processing of that personal information.
Additional Health Data Rights. If you are a resident of Nevada, Connecticut, or Washington, you have additional rights concerning your health data, including the right to submit a request to know or access, deletion, and the right to appeal any denial of these rights. You may exercise these rights by clicking on the Health Data Request.

If you exercise any of the foregoing rights, we will not discriminate against you.

To make a request, please submit the Consumer Privacy Rights Request linked at the bottom of our Sites (where available based on user location and applicable law) or here (EEA, UK, and Switzerland residents). You can also contact us by phone at 1-855-OUT-0567 to submit a request. When we receive your request, we will provide additional information about the timing of our response, any additional information we may need from you, and if we are unable to fully comply with your request. We will endeavor to respond to your requests within the timeframe established by the applicable law. If we need additional time to respond to your request, we will inform you of the reasons why. If we decide not to take action on your request, we will explain the reasons why. We may place reasonable limits on responding to repeated requests, where allowable by law.

Alternatively, where available, you can use certain preference signals to exercise your sale and sharing opt-out right automatically with all businesses that you interact with online, including Captivating Photos. If you enable a browser-based opt-out preference signal that complies with the CCPA, such as Global Privacy Control (GPC), in certain territories, upon receipt or detection, we will make reasonable efforts to treat the signal as a valid request to opt out of the sale or sharing of personal information linked to that browser as required by applicable law.

In order to protect your privacy, we may require proof of your identity before we can act on your request. Where applicable, we will use the requested information for verification purposes only. We may decline certain requests if we cannot verify your identity and confirm the personal information we maintain relates to you.

You may authorize someone to submit a privacy rights request on your behalf (an “authorized agent”) using the submission methods outlined above. An authorized agent will need to demonstrate that you have authorized them to act on your behalf. Depending on the evidence provided, we may also contact you to verify your identity directly with us or request confirmation from you that the agent is authorized to make the request.

If we decide not to take action in response to your request, you may submit an appeal by email at bc@captivatingphotos.net, or by phone at 1 209 406-1845. If you send an appeal via email, you must put the statement “Privacy Rights Appeal” in the subject field and provide enough information for us to understand the request you made and the rationale for the appeal. We will resolve your appeal within the timeframes established by applicable law. If your appeal is denied, we will explain why. If you continue to dispute our decision or would like to lodge a complaint regarding our handling of your personal information, you may contact the regulator in your jurisdiction that handles privacy complaints. See below for a list of contact information for the relevant regulatory bodies in select jurisdictions.

European Union:https://edpb.europa.eu/about-edpb/about-edpb/members_en
Switzerland:https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html
United Kingdom:https://ico.org.uk/make-a-complaint/data-protection-complaints/data-protection-complaints/

CALIFORNIA PRIVACY NOTICE

Pursuant to the CCPA, we are providing the following additional details regarding the categories of personal information that we collect, use, and disclose. Please see the “Your Legal Rights” section immediately above for the rights available to you in relation to your personal information and how you can exercise them.

Personal Information Collection and Disclosure

The following chart details which categories of personal information we have collected from and about California residents in the past twelve (12) months, the source(s) of each category of information, the categories of third parties to whom we have disclosed each category of information for a business purpose, and the categories of third parties to whom we have “sold” or with whom we have “shared” each category of information (as such terms are defined in the CCPA) (where applicable). Please note that the first column in the chart lists by category the types of information described in the “Information We Collect” section above, as required by the CCPA.

Category of Personal Information	Categories of Sources	Disclosures of Personal Information for a Business Purpose	Sale or Sharing of Personal Information
Identifiers, including names, physical addresses, email addresses, online identifiers, IP addresses, account names, and other similar identifiers.	Directly from individuals Through automated means Third-party sources	We have not disclosed this category of information for a business purpose in the past 12 months.	We have not sold or shared this category of information in the past 12 months.
Personal information categories listed in the California Customer Records statute, including telephone numbers and credit and debit card information.	Directly from individuals	We have not disclosed this category of information for a business purpose in the past 12 months.
Protected classification characteristics under California or federal law, including sex/gender expression.	Directly from individuals	We have not disclosed this category of information for a business purpose in the past 12 months.
Commercial information, including items purchased, obtained, or considered.	Directly from individuals Through automated means	We have not disclosed this category of information for a business purpose in the past 12 months.	We have not sold or shared this category of information in the past 12 months.
Biometric information, including images that are used for the purpose of uniquely identifying individuals.	Directly from individuals	We have not disclosed this category of information for a business purpose in the past 12 months.
Internet or other electronic network activity information, including internet browsing history, search history, and interactions with the Digital Services and advertisements.	Through automated means Third-party sources	We have not disclosed this category of information for a business purpose in the past 12 months.	We have not sold or shared this category of information in the past 12 months.
Activity data, such as activity logged, distance covered, hardware used and/or other similar data related to your activity	Directly from individuals Through automated means Third-party sources	We have not disclosed this category of information for a business purpose in the past 12 months.
Geolocation data, such as IP location and other geolocation data, including precise geolocation data.	Through automated means	We have not disclosed this category of information for a business purpose in the past 12 months.
Audio, electronic, visual, thermal, olfactory, or similar information, including photographs and other recordings.	Directly from individuals Third-party sources	We have not disclosed this category of information for a business purpose in the past 12 months.
Inferences, meaning inferences drawn from any of the information in the above-listed categories of information.	Through automated means Third-party sources	We have not disclosed this category of information for a business purpose in the past 12 months.
Sensitive personal information, including account log-in information in combination with passwords and individuals’ precise geolocation information.	Directly from individuals Through automated means	We have not disclosed this category of information for a business purpose in the past 12 months.
Inferences drawn from the information identified above to create a profile and activity feed for you reflecting your preferences, characteristics, and activities.	Directly from individuals	We disclose this category of information to other consumers through our activity feeds, and third-party service providers and analytics providers.

Purposes for Collecting Personal Information

As described in more detail in the “Information Use” section above, we collect personal information to provide and manage the Services, fulfill our contractual obligations to you, and achieve a variety of legitimate business or commercial purposes.

Disclosures of Personal Information

As detailed in the “Information Disclosure” section above, we disclose personal information to fulfill the purposes described above. We will also disclose certain categories of personal information to competent governmental and public authorities and other third parties as necessary or appropriate, including when we have a legal or contractual obligation to disclose the information.

Sale and Sharing of Personal Information

As detailed in the chart above, we do not “sell” or “share” (as such terms are defined in the CCPA) certain categories of personal information to and with third parties and have not “sold” or “shared” certain categories of personal information in the past twelve (12) months.

We do not “sell” or “share” the personal information of individuals we know to be under 16 years of age.

Use and Disclosure of Sensitive Personal Information

As detailed in the chart above, we collect certain “sensitive personal information” (as defined in the CCPA). However, we do not use or disclose such information for any purpose Captivating Photos of the limited permissible purposes set forth in the regulations implementing the CCPA. Such purposes including providing the Services and verifying, maintaining the quality of, and improving the Services.

We retain each category of personal information that we collect for as long as necessary to fulfill the purposes described in this Privacy Policy, including to satisfy legal or reporting requirements.

VIRGINIA, COLORADO, CONNECTICUT, UTAH, OREGON & TEXAS PRIVACY NOTICE

Notice of Collection

To learn more about the categories of personal data, including sensitive personal data, we collect about you and how we use it, please see Information We Collect above. To learn more about how we use that information, please see Information We Use. To learn more about the categories of third parties with whom we may share your personal data, please see Information Disclosure.

Rights

You have a right to submit a request to know, delete, correct (other than Utah), and to opt-out of the sale or processing of your personal data for targeted advertising purposes. If you live in Oregon, you also have a right to request a list of specific third parties to which Captivating Photos has disclosed your personal data. You also have a right to appeal a denial of any of these requests. To learn more about these rights, see Your Choices and Legal Rights above.

WASHINGTON HEALTH PRIVACY NOTICE

If you are a Washington resident, the following disclosures are provided to you pursuant to the Washington MY Health MY Data Act. For the purpose of this section, the phrase “health data” means information that is linked or reasonably linkable to you and that identifies your past, present, or future physical health status. Physical health status can include individual health conditions or treatment.

Categories of Health Data We Collect and Use

When you provide us access to your devices, as further described in the Information from Linked Accounts section above, we may collect information about your physical activity and physical health. We collect this health data to provide you with our Services and allow you to access such data through our platforms.

Collecting Health Data

We collect your health data directly from you and your devices when you give us permission to do so.

Using Health Data

We use your health data to provide you with access to our Services, and to otherwise understand how users engage with our Services, as described above.

Sharing Health Data

We share your health data only as specified in the INFORMATION DISCLOSURE section of our policy.

Health Data Rights

You have a right to submit a request for access, deletion, and appeal relating to your health data. To exercise these rights, see YOUR CHOICES & LEGAL RIGHTS.

NEVADA PRIVACY NOTICE

Sale of Personal Information

If you are a Nevada resident, you have the right to submit a request directing us not to make any sale of your personal information. We do not sell your personal information as defined under Nevada law. However, to request email confirmation that we do not sell your personal information, please send e-mail to email to bc@captivatingphotos.net with “Nevada Opt-Out of Sale” in the subject line and in the body of your message. We will provide the requested information to you via an email response.

Health Privacy Notice

You have certain rights over how we process your health data under Nevada law. For the purpose of this section, “health data” refers to information that is linked or reasonably capable of being linked to you and that is used to identify any past, present, or future health status of you. This may include any health condition or treatment.

Categories of Health Data We Collect And Use

Collecting Health Data

We collect your health data directly from you and your devices when you give us permission so to do so.

Using Health Data

We use your health data to provide you with access to our Services, and to otherwise understand how users engage with our Services, as described above.

Sharing Health Data

We share your health data only as specified in the INFORMATION DISCLOSURE section of our policy.

Tracking Health Data

No third parties will collect your health data over time and across different websites or online services when you use our Services unless you provide permission to do so.

Health Data Rights

You have a right to submit a request for access, deletion, and appeal relating to your health data. To exercise these rights, see Your Choices and Legal Rights above.

Material Change Notice

See the Revisions to this Privacy Policy section below.

NON-U.S. RESIDENT PRIVACY NOTICE

Role and Data Controller Contact Details

The General Data Protection Regulation (“GDPR”) and other related laws distinguish between organizations that process personal information for their own purposes (known as “controllers”) and organizations that process personal information on behalf of other organizations (known as “processors”).

We act as a controller with respect to personal information collected from you as you engage with our Services. If you have questions with respect to our processing of your information as a controller, you can contact us by email at the email address set forth in the section entitled “How To Contact Us” below.

Lawful Basis for Processing

The GDPR and related laws require a “lawful basis” for processing personal information. Our lawful bases include the following:

Consent: We may collect, use, and disclose your personal information on the basis of the consent that you provide us at the point of information collection or disclosure.
Contractual necessity: We may collect and use certain personal information where it is either necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. This may include personal information used to provide you with the Services and related transaction information.
Compliance with a legal obligation: We are subject to various legal requirements in the jurisdictions in which we operate, and we may use, disclose, and retain your personal information if necessary for us to comply with a legal obligation arising under an applicable law to which we are subject.
Legitimate interests: We may collect and use your personal information to the extent necessary to carry out our legitimate interests (or those of a third party), provided that such interests do not outweigh your interests or fundamental rights and freedoms. For example, we may collect and use your personal information in reliance on a legitimate interest in managing our relationship with you; conducting and managing our business; providing you with customer support; developing and enhancing the Services; detecting and preventing fraud and other harmful activities; and monitoring and maintaining the security of our information, systems, and networks.

Onward Transfer

Captivating Photos is a global business and it, or its service providers, may process, transfer, and store personal information on servers located in a number of countries inside of the EEA (e.g., Germany) and UK or Captivating Photos of the EEA and UK, including in the United States and Canada. Since we are committed to protecting your personal information, we take steps to ensure that there are appropriate safeguards in place when we transfer personal information across international borders. If the GDPR applies and your data is transferred Captivating Photos the UK or the EEA to the United States or any other country, we will transfer your personal information subject to appropriate safeguards, such as an adequacy decision by the European Commission on the basis of Article 45 of Regulation (EU) 2016/679 or Standard Contractual Clauses, as provided from time to time by the European Commission. You can receive additional information about where your personal information is transferred and the appropriate safeguards by contacting us.

Your Data Subject Rights

Your Rights. If you are a data subject under the GDPR or similar jurisdictions, subject to certain conditions, you have the right to:

Access, rectify, or erase any personal information we process about you;
Data portability – that is, asking us to transfer your personal information to any third party of your choice;
Restrict or object to our processing of your personal information; and
Where applicable, withdraw your consent at any time for any processing of your personal information.

Please see “Your Legal Rights” above for more information on how to exercise these rights.

Complaints

If you have a complaint about our use of your personal information or our response to your request(s) regarding your personal information, you may submit a complaint to the Data Protection Supervisory Authority in your jurisdiction. We would, however, appreciate the opportunity to address your concerns before you approach a data protection regulator and welcome you to first direct an inquiry to us. In addition to our contact details set out above, you can also contact our Designated Individual Overseeing Compliance of this Privacy Policy by following the “How To Contact Us” section below.

THIRD-PARTY SERVICES

The Digital Services may include links to or integrations with third-party websites and/or offer you the ability to interact with social plug-ins from social media platforms. We have no control over the personal information that is collected, stored, or used by third-party websites or social media platforms, and we are not responsible for their information handling or privacy practices. Your use of these third-party services is subject to each provider’s privacy policy, so we encourage you to read these policies carefully.

CHILDREN’S PRIVACY

Protecting children’s privacy is important to us. We do not direct the Services to, nor do we knowingly collect any personal information online from children under the age of 16. Please contact us if you are a parent or guardian of a child under the age of 16 and you believe that we may have collected personal information online from your child. If we learn that a child under the age of 16 has provided personal information online through the Services, we will use reasonable efforts to delete such information.

INFORMATION RETENTION

We will retain your personal information as long as necessary to fulfill the purposes outlined in this Privacy Policy, including to satisfy our legal or reporting requirements, unless a longer retention period is required or allowed under law.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of personal information; the potential risk of harm from unauthorized use or disclosure of the personal information; the purpose for which we use the personal information; whether we can achieve the purposes through other means; and the applicable legal requirements.

If we de-identify information, we will maintain and use the information in de-identified form and not attempt to re-identify the information except as required or permitted by law.

INFORMATION SECURITY

We take reasonable and appropriate physical, administrative, and technical steps to safeguard the personal information we collect from and about our customers and users of the Services. However, no security system is perfect, and we cannot guarantee the absolute security of your personal information.

REVISIONS TO THIS PRIVACY POLICY

We reserve the right, in our sole discretion, to change, modify, add, remove, or otherwise revise portions of this Privacy Policy at any time. The “Effective Date” at the top of this page indicates when this Privacy Policy was last revised. When we make changes, we will revise the date at the top of this page to reflect the date such changes occurred. If we change the Privacy Policy in a material way, we will provide you with appropriate notice before such changes take effect. Unless otherwise stated, your continued use of the Services following the posting of a revised version of this Privacy Policy constitutes your acceptance of the changes.

HOW TO CONTACT US

Captivating Sports Photos is the controller and business responsible for processing your personal information as set forth in this Privacy Policy, except as expressly noted herein.

If you have any questions about this Privacy Policy or our information handling and privacy practices, you may Email us at: bc@captivatingphotos.net or by mail to 8304 Cruden St, Stockton, Ca. 95209