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Privacy Policy


Last updated: 5/31/2023

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Photogenyc Booth, Inc. (“Photogenyc,” “we”, “us” or “our”) provides photo booth services for corporate and consumer events, including for graduations, private parties, and weddings. This Privacy Policy describes how Photogenyc processes Personal Information (as defined below) that we collect on, through or in connection with our digital or online properties or services that link to this Privacy Policy (including, as applicable, our website located at https://www.photogenycbooth.com/ (the “Site”) and our social media pages), as well as any products or services offered on or through the Site and our marketing activities, live events, and other activities described in this Privacy Policy (collectively, the “Services”). This Privacy Policy is incorporated into and is subject to our Terms of Use (the “Terms”).

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This Privacy Policy applies to “Personal Information” (information that can be associated with a specific person or can be used to identify a specific person) collected on, through or in connection with the Services and is not intended to fully describe our privacy policies. For example, this Privacy Policy does not apply to Personal Information collected on, through or in connection with any website operated by any third party, even if it is linked to or accessible from the Site. Note that our use and other processing of Personal Information that we process on behalf of our business customers may be governed by our agreements with such business customers. If you have concerns regarding your Personal Information that we process on behalf of a business customer, please direct your concerns to that business customer.

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By accessing or using the Services or visiting the Site, you agree to be bound by all the terms and conditions of this Privacy Policy as posted at the time of your access, use or visit. If you do not agree with this Privacy Policy, please stop using the Services.

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          Index


          Personal Information we collect and how we collect it


          How we use your Personal Information


          How we share your Personal Information


​​          Cookies and other tracking technologies


          Your choices

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          Other sites and services

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          Security

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          International data transfers

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          Children

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          Limitation of liability

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          Changes to this Privacy Policy

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          How to contact us

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          Personal Information we collect and how we collect it

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We collect several types of Personal Information from and about users of the Services. We collect this Personal Information directly from you when you provide it to us, automatically as you navigate through the Site, and from third parties, such as our business partners or service providers. The types of Personal Information we collect may include the following:

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Personal Information you provide to us. Personal Information you may provide to us through the Services when you fill out forms or fields on the Site, try or purchase products or services on or through the Site, use the Services at live events or contact us or request information about us, the Services or other products and services (whether by email, our “Contact Us” form or other means) or otherwise includes:

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  • Contact data, such as your first and last name, salutation, email address, billing and mailing addresses, professional title, company name, and phone number.

  • Communications data based on our exchanges with you, such as when you contact us through the Site or communicate with us via social media or otherwise.

  • Content, such as photographs, GIFs, boomerangs, and videos, which may contain Personal Information.

  • Event data, such as event location, type of event, number of attendees, date of event and duration of the event.

  • Transactional data, such as information relating to or needed to complete your bookings on or through the Site, including number of events and transaction history.

  • Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.

  • Payment data, such as payment method (credit card number and expiration date) and other information needed to complete transactions. Payment data is collected and processed directly by our payment processors, such as Square and its service providers, as further described below in the “Payment processors” section. We may from time to time request and receive some of your payment data from our payment processors or from you for purposes of completing transactions or protecting against or identifying possible fraudulent transactions.

  • Other Personal Information not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

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Third-party sources. We also may collect Personal Information about you from other sources, such as public sources, including social media platforms and other publicly available sources.​ We may combine such Personal Information with the Personal Information that receive from you.

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Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Services, our communications, and other online services, including:

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  • Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address or other device address or ID, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.

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  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before or after browsing to the Site, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.

 

For additional information on cookies and other tracking technologies and your choices with respect to such technologies, please see the “Cookies and other tracking technologies” and “Your choices” sections below.

Data about others. We may offer features that help users share contact details belonging to their friends or contacts to deliver the Services. For example, we allow event attendees to sign up on behalf of others to receive group photos. Please do not refer someone to us or share their contact details with us unless you have their permission to do so.

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          How we use your Personal Information

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We may use your Personal Information for the following purposes or as otherwise described at the time of collection:

 

Services delivery and operations. We may use your Personal Information to:

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  • provide the Services;

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  • enable security features of the Site;

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  • communicate with you about the Services, including by sending Services-related announcements, updates, security alerts, and support and administrative messages;

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  • communicate with you about events or contests in which you participate;

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  • provide support for the Services and respond to your requests, questions, and feedback; and

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  • fulfill any other purposes for which you provide Personal Information.

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Services personalization. We may use your Personal Information to:

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  • understand your needs and interests;

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  • personalize your experience with the Site and our Services-related communications; and

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  • remember your selections and preferences as you navigate webpages.

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Services improvement and analytics. We may use your Personal Information to analyze your usage of the Services, improve the Services, improve the rest of our business, help us understand user activity on the Site, including which pages are most and least visited and how visitors move around the Site, as well as user interactions with our emails, and to develop new products and services.

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Marketing and advertising. We, our service providers, and our third-party advertising partners may collect and use your Personal Information for marketing and advertising purposes, which include:

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  • Direct marketing. We may send you direct marketing communications about our or our affiliates’ or third parties’ products or services and may personalize these messages based on your needs and interests. In addition, we may use Personal Information that you provide to us, including photos, GIFs, videos, and boomerangs from live events, in our media publications with your consent.

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  • Interest-based advertising. We and our third-party advertising partners may use cookies and other tracking technologies to collect information (including Personal Information) about your interaction with the Services, our communications, and other online services over time, and use that information to serve online ads that we or they think will interest you. This is called interest-based advertising. We may also share Personal Information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. For additional information on our use of cookies and other tracking technologies and your choices with respect to such technologies, please see the “Cookies and other tracking technologies” and “Your choices” sections below.

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Compliance and protection. We may use your Personal Information to:

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  • comply with applicable laws and regulations, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;

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  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);

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  • audit our internal processes for compliance with legal and contractual requirements or our internal policies;

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  • maintain our records and internal business administration;

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  • enforce the terms and conditions that govern the Services; and

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  • prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

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Aggregated, de-identified and/or anonymized data. We may create aggregated, de-identified and/or anonymized data from your Personal Information and Personal Information of other individuals that we collect. We make Personal Information into aggregated, de-identified and/or anonymized data by removing information that makes the data identifiable to you. 

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Cookies and other tracking technologies. In addition to the other uses included in this section, we may use Personal Information collected through cookies and other tracking technologies for the below purposes.

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  • Technical operation. To allow the technical operation of the Site, such as by remembering your selections and preferences as you navigate the Site.

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  • Functionality. To enhance the performance and functionality of the Site.

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  • Advertising. To help our third-party advertising partners collect information (including Personal Information) about how you use the Site and other online services over time, which they use to show you ads on other online services they believe will interest you and measure how the ads perform.

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For additional information on how we collect Personal Information through cookies and other tracking technologies, see the “Automatic data collection” section above, and for additional information on cookies and other tracking technologies and your choices with respect to such technologies, please see the “Cookies and other tracking technologies” and “Your choices” sections below.

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Other. We may use your Personal Information in any way we may describe to you when you provide such Personal Information or for any other purpose with your consent.

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          How we share your Personal Information

We may share your Personal Information with the following parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection.

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Service providers. Third parties (and their service providers) that provide services on our behalf or help us operate the Services or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research, and website analytics). Personal Information you provide to us over email may be stored by our third-party email service provider, Google. Google’s collection and use of such information is governed by their Privacy Policy (https://policies.google.com/privacy) and Terms of Service (https://policies.google.com/terms).

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Payment processors. Any payment card information you use to make a purchase on the Site is collected and processed directly by our payment processors, such as Square and its service providers. The use and storage of that information is governed by Square’s Terms of Service and Privacy Policy, available at https://squareup.com/us/en/legal/general/ua (Terms of Service) and https://squareup.com/us/en/legal/general/privacy (Privacy Policy).

Advertising partners. Third-party advertising companies (and their service providers) for the “Interest-based advertising” purposes described above.

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Professional advisors. Professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.

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Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the “Compliance and protection” purposes described above.

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Business transferees. We may disclose Personal Information in the context of actual or prospective business transactions (e.g., investments in Photogenyc, financing of Photogenyc, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares). For example, we may need to share certain Personal Information with prospective counterparties and their advisers. We may also disclose your Personal Information to an acquirer, successor, or assignee of Photogenyc as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.

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Aggregated, de-identified and/or anonymized data. We may use and disclose the aggregated, de-identified and/or anonymized data described in the “How we use your Personal Information” section above to third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

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Other. We may disclose Personal Information in any way we may describe to you when you provide such Personal Information or for any other purpose with your consent.

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We do not sell or offer to sell any Personal Information about you to third parties.

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          Cookies and other tracking technologies

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Cookies and other tracking technologies. Some of the automatic collection described in the “Automatic data collection” section above and the uses described in the “How we use your Personal Information” section above are facilitated by the following technologies:

  • Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our Site include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place, and “third party” cookies that our third-party business partners and service providers place.

  • Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.

  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

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For information concerning your choices with respect to the use of cookies and other tracking technologies, see the “Your choices” section below.

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          Your choices

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Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Although your changes are reflected promptly in active user databases, we may retain all Personal Information for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

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Cookies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Site may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. You can also configure your device to prevent images from loading to prevent web beacons from functioning.

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Advertising choices. You may be able to limit use of your information for interest-based advertising through the following settings/options/tools:

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  • Browser settings. Changing your internet web browser settings to block third-party cookies.

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  • Privacy browsers/plug-ins. Using privacy browsers and/or ad-blocking browser plug-ins that let you block cookies and other tracking technologies.

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  • Platform settings. Certain platforms offer opt-out features that let you opt-out of use of your information (including Personal Information) for interest-based advertising. For example, you may be able to exercise that option for Google and Facebook, respectively, at the following websites:​

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  • Ad industry tools. Opting out of interest-based ads from companies that participate in the following industry opt-out programs:

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  • Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

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You will need to apply these opt-out settings on each device and browser from which you wish to limit the use of your information for interest-based advertising purposes.

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We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.

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Do Not Track. Some internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

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Declining to provide information. We need to collect Personal Information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

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          Other sites and services

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​The Site may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. You should be aware that the information handling practices of any linked websites, mobile applications or online services might not be the same as ours. We encourage you to read the privacy policies of the other websites, mobile applications, and online services you use.

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​          Security

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​We employ technical, organizational, and physical safeguards designed to protect the Personal Information we collect or otherwise process. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your Personal Information. We also cannot guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed by breach of any of our technical, organizational or physical safeguards. We are not responsible for circumvention of any privacy settings or security measures contained in the Services. Even after removal, copies of Personal Information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such Personal Information.

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         International data transfer

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We are headquartered in the United States and may use service providers that operate in other countries. Your Personal Information may be transferred outside the United States. In addition, if you choose to access the Site from outside the United States, you acknowledge that you will be transferring your information, including Personal Information, outside of those regions to the United States for storage and processing, as necessary to provide to you the Services.

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​          Children

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 The Services are not intended for use by anyone under 18 years of age. We do not allow children under 18 years of age to use the Services, we do not knowingly collect, maintain or otherwise process Personal Information from persons under 18 years of age, and no part of the Services are directed to persons under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected Personal Information in a manner prohibited by law, please contact us. If we learn that we have collected Personal Information through the Services from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

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​          Limitation of liability

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By accessing the Services and/or providing us with Personal Information and other data, you expressly and unconditionally release and hold us harmless from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of such Personal Information. In addition, while we take efforts to ensure the proper and appropriate use of data by our service providers that may receive your Personal Information from us, we are not responsible for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of your Personal Information caused by those service providers. Some of our Services may permit users to share content created through the Services (including but not limited to images, photos, videos, GIFs, and boomerangs) outside of the Site and the Services, including to other users, individuals or entities. We are not responsible for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse or sharing of Personal Information resulting from any content that our users share with others.

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          Changes to this Privacy Policy

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​We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Site or other means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Services after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Services and our business.

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​          How to contact us

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