PHOTOHIVE

PhotoHive Privacy Policy

EFFECTIVE DATE: AUGUST 1, 2021

This Privacy Policy governs the websites (each a “Site”), mobile applications (each an “App”), or services (collectively the “Services”) owned and operated by PhotoHive LLC (referred to as “PhotoHive,” the “Company,” “we,” or “our” as applicable) that display or link to this Privacy Policy. This Privacy Policy describes the types of information PhotoHive collects from and about you, how PhotoHive may use and disclose such information, and your ability to control certain uses of it.

By using the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree, please do not access or use the Services.

California Notice of Collection of Personal Information: PhotoHive collects personal information listed below under “Information We Collect” for the purposes described below under “Information Use.” To learn more about your California privacy rights, including your right to opt out of the sale of your personal information, please scroll down to “Your California Privacy Rights.”

1. INFORMATION WE COLLECT

There are several ways we may obtain information about you, including through (A) information you provide to us directly; (B) information that we automatically collect; and (C) information we receive from third parties. This includes data that identifies you personally whether directly or indirectly.

Information You Provide

PhotoHive collects information from you when you choose to share it with us. This may include when you use our Services, register or create an online account with or through the Services, purchase products or services, request information from us, sign up for our email list, use the Sites or Apps, enter into sweepstakes or other promotions, fill out a survey, request customer support, or otherwise communicate with or contact us. The information we collect may include your biographical information (i.e., name, address, email address, telephone or mobile number, date of birth, and gender), registration information (i.e., username), activity and fitness preferences, photo and derivative face scan, geolocation information, sizing information for apparel-related services, 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 may also provide us with certain information in connection with specification transactions:

Information You Share When You Use the Services

You may choose to upload or add photos, videos, comments, reviews, or other content to the Services 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 App, in blogs, on message boards, in chat rooms, in other public forums, or other public third-party websites, applications, or services becomes public information. Please exercise caution when disclosing personal information in these public areas.

Information You Provide When You Make a Purchase

If you purchase a paid subscription or other product or service from us, we may collect a payment card number and related financial information (such as CVV, expiration date, and billing address), or other payment method.

Information You Provide about a Third Party

If you send someone else a communication from the Services, such as sending a gift subscription to a friend, the information you provide (e.g., name, contact information) may be used to facilitate communication with such person.

Information You Provide Through Social Media

You may be given the option to link to your Facebook or other social media account through the 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, name, user name, demographic information, updated address or contact information, location, interests, and social media and online activity.

Information Automatically Collected

•    Whenever you visit or interact with the 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.

•    Please note that we automatically collect the following information about you:

•    Computer or Device. We may automatically collect your IP address or other unique identifier or information from the computer or device you use to access the Services, including the browser type, device type, operating system, software version, hardware model, mobile network information, and the domain name from which you accessed the Services.

•    Usage Information: We also may collect information about your use of the Services, including the date and time you visit the Services, the areas or pages of the Services that you visit, the amount of time you spend viewing or using the Services, the number of times you return to the Services, other click-stream or site usage data, emails that you open, forward or click-through to our Services, and other sites that you may visit.

•    Location. We collect general information about where traffic and purchases on our site are coming from around the world. This is used at an aggregate level to create reports to better understand our engagement with users.

•    Third Party Analytic Technologies. We may use third party analytics and tracking tools to better understand who is using the Services, how people are using the Services, how to improve the effectiveness of the Services and related content, and to help us or those third parties serve more targeted advertising to you across the Internet. These tools may use cookies, pixel tags, or similar technology to automatically collect and store certain information. They may also combine information they collect from your interaction with the Services with information they collect from other sources.

Information Collected From Other Sources

We may acquire information about you from our partners and service providers (including, for example, business partners, analytics vendors, and advertising networks). We may also acquire photos of you taken during races or other events. We use the 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 and services or other offers that may be of interest to you, to measure ad quality and responses, and for internal business analysis or other business purposes.

Combination of Information

We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through our Services, as well as information collected offline, across other computers or devices that you may use, and from third party sources.

2. INFORMATION USE

PhotoHive may use the information we collect from and about you for a variety of business purposes, including:

•    To provide the Services, including the content on our Sites and Apps, subscription-based, membership-based, or other paid Services that we offer, and products that we sell via the Services;

•    To fulfill your orders on our e-commerce platforms;

•    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 publish content, films, and photos that you submit or post;

•    To respond to your inquiries, and contact and communicate with you when necessary;

•    To use and disclose your credit/debit card information only to process payments and prevent fraud; and

•    To protect the security or 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.

PhotoHive may also use your information for commercial purposes, such as:

•    To enhance your online browsing experience, including as a way to recognize you and welcome you to the Services;

•    To review 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 provide you with customized content, targeted offers, and advertising on the Services, across other websites, online services, or platforms, and through direct marketing;

•    To contact you with information, newsletters and promotional materials from PhotoHive or on behalf of our partners and affiliates; and

•    To use your data in an aggregated non-specific format for analytical and demographic purposes.

Additionally, we may use your information for other purposes disclosed at the time you provide your information or otherwise with your consent. We are committed to protecting and maintaining the privacy of your information. Therefore, we will process your data only in accordance with applicable data protection law and this Privacy Policy. We will have a lawful basis for processing your data if:

•    we are legally obliged to process it;

•    we need to process your information in order to provide you with the products or services you have requested;

•    you have consented to such processing; and/or

•    we have a legitimate interest for processing your data – e.g., for fraud prevention; direct marketing; network and information systems security; data analytics; enhancing modifying or improving our services; identifying usage trends; determining the effectiveness of promotional campaigns; and personalization of the services.

3. INFORMATION WE SHARE

We may share the information we collect from and about you as described below.

•    Our Affiliates: We may share your information with PhotoHive affiliates and subsidiaries for business, operational, promotional and marketing purposes.

•    Service Providers: We may share your information with our service providers that provide business, professional, marketing, analytics, or technical support functions for us, help us operate our business and the Services, or administer activities on our behalf.

•    Legal Obligations; Safety: We may access and disclose your information to respond to subpoenas, judicial processes, or government requests and investigations, or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law. 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.

•    Sale or Transfer of Business or Assets: We may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such 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 reasonable efforts to try to require that the transferee use personal information provided through this Services in a manner that is consistent with this Privacy Policy.

•    Aggregate or Anonymous Non-Personal Information: We may also share aggregate, anonymous, or de-identified non-personal information with third parties for their marketing or analytics uses.

•    Other: We also may share your information as disclosed to you at the time of collection.

4. YOUR CHOICES

Advertising Choices

Certain parts of our Services require cookies, pixels, or similar technologies. For example, we may use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use. To learn more about the cookies in use on our Sites or to exercise your preferences for the Sites, use our cookie preference tool found by clicking “Manage Cookie Preferences” in our website footer. You may also 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 of our offerings. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences. On some of our Sites, our system may not respond to Do Not Track requests or headers from some or all Internet browsers.

To understand your advertising choices for receiving more relevant advertising provided on the Services or across other websites and online services, please review the information below:

•    To learn more about such interest-based advertising, and to opt out of such collection and use for interest-based advertising by the Digital Advertising Alliance (DAA) participating companies, please visit http://www.aboutads.info/choices/.

•    To opt out from the use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) member companies, please visit http://www.networkadvertising.org/choices/.

•    To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/choices/.

•    On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.

Even if you opt out, you still may receive advertising from us that is not customized for you or from companies that do not participate in the DAA or NAI.

Analytics Choices

If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available here.

Direct Marketing Choices

To opt-out of direct marketing communications, you may:

•    Send us an e-mail at customerservice.photohive@gmail.com

•    Contact us by mail at the address below in the “Contact Us” section, or

•    Unsubscribe from our email communications at any time by unsubscribing or following the instructions contained within the email.

If you receive marketing communications from one or more PhotoHive affiliates, you must opt-out individually from each of the affiliates from which you are receiving brand-specific marketing communications.

5. EEA & UK RIGHTS NOTICE

We respect your privacy rights and provide you with reasonable access and rights to the Personal Data that you may have provided through your use of the Services. If you live in the European Economic Area (“EEA”) or United Kingdom (“UK”) and wish to access, amend, delete, or transfer any Personal Data we hold about you, you may contact us as set forth in the “Contact Us” section. In some cases, you may also update your registration information or preferences by accessing your account settings page on our Sites and Apps.

At any time, you may object to the processing of your Personal Data in our legitimate interests, except if otherwise permitted by applicable law. If you believe there has been a violation of your privacy rights, please contact us as set forth in the “Contact Us” section below. You also have a right to lodge a complaint with your local data protection authorities.

You may decline to share certain personal data with us, in which case we may not be able to provide to you some of the features and functionality of the Services.

We will retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for analytics purposes, in which case we may use this information indefinitely without further notice to you.

6. YOUR CALIFORNIA PRIVACY RIGHTS

Your Rights

If you are a California resident, you may take advantage of the following rights:

•    Right to Know: If you are a California resident, you may request, up to two times each year, that we disclose to you the categories and/or the specific pieces of personal information that we collect, use, disclose, and may sell. We will respond to your request within 45 days unless we need additional time, in which case we will let you know.

•    Right to Delete: Subject to certain exceptions, you may request that we delete personal information that we have collected from you. 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.

•    Shine the Light: You may request and obtain from us once a year, free of charge, information about our disclosure of personal information to third parties or affiliated companies for their direct marketing purposes.

•    Right to Opt Out: As described below, we share personal information with certain third parties, including to enable personalized advertising on the Sites and Apps. You may request to opt out of these “sales” (as defined by California law) of personal information at any time using the Do Not Sell My Personal Information link at the bottom of this page, or by using the contact details provided below.

To make a request, please contact us by email at customerservice.photohive@gmail.com, or at 1-801-369-2499. If you send a written request, you must put the statement “Your California Privacy Rights” in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. We may take steps to verify your identity before responding to your requests to know or delete your personal information by asking questions about your interactions with us.

You have the right to use an authorized agent to submit your requests. Please direct your agent reach out by email at customerservice.photohive@gmail.com, or at 1-801-369-2499. Authorized agents must submit proof of the consumer’s signed authorization to make a request. We may require you to verify your identity directly with us prior to fulfilling your authorized agent’s request.

If you exercise any of the foregoing rights, we will not discriminate against you, including by denying access to our products or services or restricting your access to products or services of a certain quality or price level.

CCPA Disclosures

Pursuant to the California Consumer Privacy Act, and in addition to the disclosures elsewhere in this Privacy Policy, this section describes the types of personal information that we collected, disclosed for business purposes, or sold to third parties in the last 12 months.

•    Personal Information Collected:

Biographical information / identifiers, characteristics of protected classifications under California or federal law (i.e., gender, age), commercial information, biometric information, payment card information, medical/health information, internet or other electronic network activity information, geolocation information, visual information, and inferences drawn from the above. For more information about the information that we collect, please see “Information We Collect,” above. The sources of the information are the consumer, our business customers and partners, analytics providers, advertising partners, social networks, service providers, and third party photographers.

•    Disclosure of Personal Information:

In the last 12 months, PhotoHive has disclosed the following categories of personal information to its service providers, contractors, and vendors for business purposes: Biographical information / identifiers, characteristics of protected classifications under California or federal law (i.e., gender, age), commercial information, biometric information, financial and payment number, medical/health information, internet or other electronic network activity information, geolocation information, education information, visual information, and inferences drawn from the above. To learn more, please see “Information We Share” above.

•    “Sale” of Personal Information:

In the last 12 months, PhotoHive has “sold” (as defined in the CCPA) the following categories of personal information: Biographical information / identifiers, commercial information, internet or other electronic network activity information, and inferences drawn from the above. Each category of personal information was sold to advertising networks, data analytics providers, and social networks, for the purposes described above under “Information Use.” We do not have actual knowledge that we sell personal information of consumers under 16 years of age. To learn more, please see “Information We Share” above.

•    Explanation of “Sales” under CCPA:

Our business model is not focused on selling data; however, in certain cases our marketing partners may receive information when they run digital advertising on our platform that enables them to access certain data about your use of our site. Under CCPA, our use of these services may constitute a “sale” of personal information.”

7. EXTERNAL CONTENT

The Services may have links to third-party websites, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites. The Services may also offer you the ability to interact with social plugins from social media sites. Your use of social network plugins is subject to each social media website’s privacy policy, which may be different from ours, so please read these policies carefully. We have no control over the information that is collected, stored, or used by social network plugins, and are not responsible for the practices of such social media sites.

8. 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 from, children under the age of 16. If we learn that a minor has provided personal information through the Services, we will use reasonable efforts to remove such information from our files.

9. DATA SECURITY

We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and users of the Services. While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.

10. INTERNATIONAL TRANSFERS

PhotoHive is a global business and it, or its service providers, may process, transfer, and store information about our users on servers located in a number of countries inside of the EEA or UK, such as Germany, or PhotoHive of the EEA or UK, including in the United States, Canada, or Singapore. Since we are committed to protecting your information, we take steps to ensure that there are appropriate safeguards in place when we transfer that data.In the course of providing Services or otherwise, your data may be transferred to locations within the EEA or UK, such as Germany, or PhotoHive of the EEA or UK, including in the United States, Canada, or Singapore. In some of these locations, data protection laws may be less stringent than in the EEA or UK. To ensure that your data is adequately protected, we only transfer your data subject to suitable safeguards being in place.

In particular, where we transfer your information PhotoHive the EEA or UK, we always have approved standard EU Model Clauses in place and we make sure that any such transfers are conducted in accordance with applicable laws and using adequate and appropriate safeguards. To find out more about how we safeguard your information (including obtaining a copy of such safeguards) in relation to transfers PhotoHive the EEA, please contact us via the details provided in the “Contact Us” section below.

11. 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. When we do, we will post the change(s) to the Services. Your continued use of the Services following the posting of changes to these terms means you accept these changes. If we change the Privacy Policy in a material way, we will provide appropriate notice to you.

12. HOW TO CONTACT US

If you have any questions or concerns about this Privacy Policy or the practices described herein, you may contact us at customerservice.photohive@gmail.com or by mail to 1435 Canberra Dr, Lindon UT, 84042.