Privacy Policy

Table of Contents

INFORMATION WE COLLECT ABOUT YOU

We may collect the following types of information, which are described in more detail below: (A) information you provide to us, (B) information we automatically collect, and (C) information we receive from third parties.  All of the information listed in (A)-(C) above, is detailed below, and hereinafter referred to as “Information.”

Information You Provide to Us:

In using our Services, you may provide us with Information, including, without limitation:

  1. Your contact information including name, email address, postal address and telephone number(s);
  2. Account information and log in credentials, including unique identifiers such as username and password;
  3. Content you upload, such as your photographs;
  4. Feedback through comments, surveys and interactions that produce indicator data about your user preferences;
  5. Print preferences and order information;
  6. Application user experience preferences and style information;

Additional information as otherwise described to you at the point of collection or pursuant to your consent.

Consent to Share Information of Others:  The content you choose to upload to our service, including your photos, may include the personal information or likeness of other persons.  If you choose to share photographs or other information of someone else through a feature we offer, we will use the personal information and photographs you provide (for example, photographs, likenesses, names, or the e-mail address of the recipient) to fulfill your request and for other purposes described in this Privacy Policy.  By using our services, you agree that you have obtained the consent of any third persons to share their personal information, likeness, or photographs with us, to the extent required by law.

Information We May Automatically Collect:

We also collect information about you from your visit to our Online Services including:

  1. IP address, which is the number associated with the service through which you access the Internet, like your ISP (Internet service provider), your company, or your university;
  2. Date and time of your visit or use of our Online Services;
  3. Domain server from which you are using our Online Services;
  4. Type of computer, web browsers, search engine used, operating system, or platform you use;
  5. Data identifying the web pages you visited prior to and after visiting our Online Services or use of our Online Services;
  6. Your movement and activity within the Online Services, which is aggregated with other information;
  7. Geo-location information through the use of any of our mobile applications;
  8. Mobile device information, including the type of device you use, operating system version, and the device identifier (or “UDID”);
  9. Mobile application identification and behavior, use, and aggregated usage, performance data, and where the application was downloaded from;
  10. Aesthetic, subject matter, composition, and style preferences.

Face Grouping Feature

IMAIGE’s photo curation services include its Face Grouping feature, which scans the faces that appear in your photos and then organizes your photos based on the faces or groups of faces that appear in your photos.  

Why we use the Face Grouping feature:

We use the Face Grouping feature to organize together images within a photo set that are likely to be of the same face or groups of faces.  We also use the Face Grouping feature to analyze your photos and determine which photos may have greater meaning and significance to you, by recognizing the faces that appear most frequently in your photos, among other things.

How our Face Grouping feature works:

If our Face Grouping feature is enabled, the feature recognizes a face in an image and analyzes the face’s geometry to create a face model that is a numerical representation of the face.  The face model is used to predict the similarity of different faces in a photo set and estimate whether different images in the photo set represent the same face.  For each face model that the feature creates across your photo set, the feature assigns a generic numeric label such as “Face 1,” to distinguish that face model from “Face 2,” and so on.  Our image curation service then organizes photos based on the faces or groups of faces that appear in those photos.  Our Face Grouping feature does not otherwise attempt to identify the people in your photos.  

Each time we apply our Face Grouping feature to a photo set, the feature creates new face models and numeric labels that are used only for that specific photo set.  We do not use the same face models across multiple photo sets, and we do not use face models created from one photo set with any other photo sets, including photo sets from the same or different user accounts.  We do not sell or transfer any face models or numeric labels to any third parties.  

How long we retain Face Models and Numeric Labels:

We retain face models and numeric labels only for as long as needed to process and organize the photo set(s) that you upload and/or provide any services that you request.  We delete face models and numeric labels as soon as is practicable after we have finished processing your photo set(s).  

Consent to Face Grouping Feature:

The Face Grouping feature, as described above, may constitute the collection and use of “biometric information” under certain state laws.  You agree that by enabling our Face Grouping feature, you provide affirmative consent to such collection and use.

If you are an Illinois resident, you agree that by enabling our Face Grouping feature, you are providing informed written consent to the Face Grouping feature, as may be required by the Illinois Biometric Information Privacy Act.

If you are a Texas resident, you agree that by enabling our Face Grouping feature, you consent to the Face Grouping feature, as may be required by the Texas Capture or Use of Biometric Identifier Law.  

By enabling the Face Grouping feature, you agree that you have obtained consent to use the feature from the other people who may appear in your photos or, if they are under the age of 18, from their parent or legal guardian.

You are not required to consent to our Face Grouping feature to use our image curation services.  You may opt-out of the Face Grouping feature at any time by Contacting Us.  If you choose to disable our Face Grouping feature, this could affect certain features of our Services.

Cookies and Other Tracking Technologies

We collect this Information directly and through the use of third parties by using certain technologies such as cookies, web beacons, and other technologies.  Third-party service providers, advertisers, and/or partners may also view, edit, or set their own cookies or place web beacons to collect similar or identical information.  The use of these technologies by such third parties is subject to their own privacy policies and is not covered by this Privacy Policy, except as required by law.

Cookies (or browser cookies)

A cookie is a small file placed on the hard drive of your computer.  Most web browsers automatically accept cookies.  You may refuse to accept browser cookies by activating the appropriate setting on your browser.  However, if you select this setting, you may be unable to access certain parts of our website and Online Services.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website and Online Services.

Web Beacons.

Pages of our website and Online Services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

Analytics

Analytics are tools we use, such as Google Analytics, to help provide us with information about traffic to our website and use of our website, which Google may share with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having your activity on the website made available to Google Analytics by installing the Google Analytics opt-out browser add-on (https://tools.google.com/dlpage/gaoptout) for your web browser.

Mobile Application Technologies.

If you access our website or Online Services through a mobile device, we may automatically collect information about your device, your phone number, and your physical location.  You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at aboutads.info/appchoices.

Opting Out of Direct Marketing

We, or third-party service providers with whom we collaborate or contract with to perform services on our behalf, may deploy cookies and may use your Information to text, email, or contact or share with you information that we believe may be useful to you, such as information about products or services provided by or through us through permissible targeted advertisements or related to our Services.  You affirmatively consent to receive these communications.  To help exercise choices regarding the marketing information you receive, you may also review the following links:

  1. You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at aboutads.info/appchoices.
  2. You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1 or visiting About Ads at http://optout.aboutads.info.
  3. You can opt-out of having your activity on our Online Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.

Information We May Receive from Third Parties

We may collect additional Information about you from others such as affiliates, other companies, third-party websites, and/or sources providing publicly available information (e.g., from the U.S. postal service) to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.

We provide you with the ability to connect or login to your account with a third-party service (e.g., Google, Apple, Facebook).  If you connect or login to your account with a third-party service, you give that third party permission to provide Information to us, such as your registration and profile information from that service.  This information varies and is controlled by that service or as authorized by you via your private settings with that third-party service.

If you choose to upload to our Services photos from third-party services such as Google Photos, Apple Photos, or iCloud, we may collect Information from those third-parties services.

The Information we collect is covered by this Privacy Policy, and the Information the third-party website or Social Media Platform collects is subject to the third-party website or platform’s privacy practices.  We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your Information.

HOW WE USE YOUR INFORMATION

Use and Purpose of Processing Your Information

We use and process your Information above for things that may include, but are not limited to, the following:

  1. To respond to your inquiries and provide you with requested information;
  2. To process your request for services;
  3. To provide you with our services or related information;
  4. For marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
  5. To manage, improve and foster relationships with third-party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners;
  6. Maintain, improve, customize, or administer our services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services;
  7. To comply with our Terms & Conditions;
  8. To comply with any applicable laws and regulations and respond to lawful requests; and/or

For any other purposes disclosed to you at the time we collect your Information

Sharing Your Information

We may share your Information as disclosed at the time you provide your Information, as set forth in the Privacy Policy and in the following circumstances:

  1. Third-Party Service Providers.  We may share your information with third-party service providers that perform certain business functions or services on our behalf (such as process your transactions, manage our databases, maintain your account, perform analyses, provide customer service, or send communications for us).  These companies are authorized to use your personal Information only as necessary to provide these services to us.
  2. Disclosure of Customer Information for Legal and Administrative Reasons.  We may disclose your Information when required by law or to comply with a court order, subpoena, search warrant or other legal process or as part of any internal or external audit, investigation or inquiry, or other legitimate business need.  Federal and state securities regulators may review our Company records and your personal records as permitted by law.
  3. Information Shared with our Subsidiaries and Affiliates.  We may share your Information with our subsidiaries and affiliates.  “Affiliates” means any entity controlled by, controlling, or under common control with us.  Our affiliates will use and distribute your information in accordance with the terms of this Privacy Policy.  If you do not want us to share your Information with our subsidiaries and affiliates, please contact us via the Contact Us section.  
  4. Business Transfers.  Your Information may be transferred, sold or otherwise conveyed (“Conveyed”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize.  You consent to any and all such Conveyances of your Information.
  5. Online Communications.  If you chose to share with us comments, post a review, participate in a survey, provide a testimonial, or other Information you consent and agree that we may make it available generally to the public and it will not be returned to you unless we receive such a request in writing from you and determine, in our sole discretion, to honor such request.  
  6. With Your Consent.  Except as provided in this Privacy Policy, we will not sell, rent, or license your Information we have collected to any third party without your consent and shall share your Information consistent with this Privacy Policy with your consent.  
LINKS TO OTHER WEBSITES

Our Online Services may contain links to other websites or services that are not owned or controlled by us, including links to Social Media Platforms such as Facebook, Instagram, and Twitter (“Social Media Platforms”) or may redirect you off our Online Services to other websites for information, other services, or to receive special offers or for transactions or purchases.  We are not responsible for the privacy and security practices of those websites or the information they may collect (which may include IP address).  You should contact such third parties directly to determine their respective privacy policies.  Links to any other party’s website or content do not constitute or imply an endorsement or recommendation by us of the linked website and/or content. We also have no control over websites that link to our Online Services. 

INFORMATION SECURITY AND DATA RETENTION

We use commercially reasonable safeguards to provide our Online Services.  However, you should assume that no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure.  Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure.  We do not guarantee that your Information will not be misused by third parties.  We are not responsible for the circumvention of any privacy settings or security features.  You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.

You agree that you are responsible for maintaining the confidentiality of your username and password.  You are responsible for all activities that occur under your username and password.  If you believe that your Information has been accessed or acquired by an unauthorized person, or if you believe there is any other breach of security, you shall promptly Contact Us so that necessary measures can quickly be taken. 

DATA RETENTION

We keep your Information only for as long as is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

When we have no ongoing business need to process your Information, we will delete it, or, if that is not possible, then we will securely store that Information and isolate it from any further processing until deletion is possible.

CONSENT

By submitting your Information to us, you agree that we may collect, use, and disclose such Information as set forth in this Privacy Policy and as permitted or required by law.  If you wish to withdraw consent, please see the Contact Us section below.   

HOW WE WILL CONTACT YOU

You agree that we, our affiliates, and/or our third-party service providers with whom we collaborate and contract, may communicate with you via electronic messages, including email, text message, or mobile push notification to, for example, send you information relating to our products and services that we think may be of interest to you, communicate with you about offers, promotions, upcoming events, and other news about products and services offered by us.  

To opt-out of receiving promotional communications, you may Contact Us at any time or use the “unsubscribe” link in emails. 

YOUR CHOICES

Email 

By using our Services, you agree that we may contact you by email as set forth herein.  If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications or Contact Us. 

Mobile Push Notifications 

By using our Services, you agree that we may contact you by calling or sending messages to your mobile device.  You may be able to use the settings on your mobile device to enable or turn off mobile push notifications from us or Contact Us.

Text Messages 

When using our Services, there may be situations where you can elect to receive text messages.  We will ask for your consent before we send any text messages to you.  If at any time you no longer want to receive text messages from us, reply STOP (or as otherwise instructed) to the text message or Contact Us.

When using our Services, you may have the option to use third-party services such as photo printing services, who may use text messages to communicate with their users.  We do not control such third-party services or any text messages that they may send.  If you elect to use third-party services, you agree to those third parties’ own terms of service and privacy policies, which may include provisions regarding text messaging.

Location Choices 

You may be able to change the privacy settings of your mobile device at any time to turn off the sharing of location information with our Online Services.  If you choose to turn off location services, this could affect certain features or services of our Online Services.  If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.

IACCESSING, CORRECTING OR DELETING YOUR INFORMATION

Upon request (as set forth below) and subject to certain exceptions and limitations, we will inform you of the existence, use and disclosure of your Information and will provide you access to that Information.  

We encourage you to review, update, and correct Information that we maintain about you, and you may request that we delete Information about you that is inaccurate, incomplete, or irrelevant.  We may not be able to accommodate your request, or we may not accommodate a request if we believe the change would violate applicable law.

To request that you access, correct, or delete your Information, contact us at:

Email:  yourdata@imaige.com 

Mail: IMAIGE, Inc,

P.O. Box 22700

San Diego, CA 92122

Call:    619.212.0244

The requests above will be considered and responded to in the time-period stated by applicable law.  Note, certain Information may be exempt from such requests.  We may require additional information from you to confirm your identity in responding to such requests.  You have the right to lodge a complaint with the supervisory authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly.  

CHILDREN’S INFORMATION

Our Services are intended only for users over the age of thirteen (13).  By using our Services, you agree that you are thirteen (13) years or older.  If we have actual knowledge that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information.  Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of thirteen (13). 

NOTICE TO CALIFORNIA RESIDENTS

To the extent any California data privacy law applies to the collection of your Information, this supplemental section of our Privacy Policy outlines how California residents can receive their personal Information and what you can receive and applies solely to California residents.  We provide the supplemental selection below to comply with the California Consumer Privacy Act of 2018 (“CCPA”), and any terms defined in the CCPA have the same meaning when used below.  

Right to Know and Access to Specific Information

California residents have the right to request that we disclose certain information to you about our collection and use of your Information over the past twelve (12) months.  Once we receive and confirm a verifiable consumer request from you, we will disclose to you, to the extent permitted by law:

  • The categories of Information we collected about you.
  • The categories of sources for your Information we collected about you.
  • Our business or commercial purpose for collecting your Information.
  • The categories of third parties with whom we share your Information.
  • If we disclosed your Information for a business purpose, the Information categories that each category of recipient obtained.

You shall have the right to request that the Information described above be provided to you in a portable and readily useable format, to the extent technically feasible (“data portability”).  We do not sell your Information.

Deletion Request Rights

You have the right to request that we delete certain of your personal Information that we collected from you, subject to certain exceptions.

To the extent that we can delete your Information, once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Information, unless an exception applies.

We may deny your deletion request if retaining the Information is necessary for us or our service providers to:

  • Complete the transaction for which we collected your Information, provide a good or service that you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the Information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Your Right to Know and Right to Deletion

To exercise the rights described above, please submit a verifiable consumer request to us by either:

Emailing us at:  yourdata@imaige.com; or

Calling us at: 619.212.0244

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Information.  You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period.  The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 Authorized Agent

You may use an authorized agent to submit verifiable consumer requests on your behalf.  An authorized agent is a natural person or a business entity that you have authorized to act on your behalf.  If you use an authorized agent, we will require: (1) proof of written permission for the authorized agent to make requests on your behalf, and identity verification from you, or (2) proof of power of attorney pursuant to California Probate Code sections 4000 to 4665.  We may deny a request from an authorized agent that does not submit proper verification proof.

Non-Discrimination

We may not, and will not, treat you differently because of your Data Subject Request activity.  As a result of your Data Subject Request activity, we may not and will not deny goods or services to you, charge different rates for goods or services, provide a different level quality of goods or services, or suggest any of the preceding will occur.  However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your Information.

Verifying Requests

To help protect your privacy and maintain security, if you request access to or deletion of your Information, we will take steps and may require you to provide certain information to verify your identity before granting you access to your Information or complying with your request.  In addition, if you ask us to provide you with specific pieces of Information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose Information is the subject of the request.  If you designate an authorized agent to make a request on your behalf, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us (as described above).

Shine the Light Law

We do not disclose the personal information of our customers to third parties for the third parties’ direct marketing purposes.  Because we do not disclose such information, we do not ask you to either opt-in or opt-out of any such disclosures.   

Additional Information

To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.  This statement is available in alternative formats upon request by contacting privacy@imaige.com or calling us at 619.212.0244

NOTICE TO RESIDENTS OF NEVADA

We do not presently sell any personal information we collect to any third parties.  If we were to do so in the future, we will update this Privacy Policy, and provide Nevada residents with the opportunity to opt-out of the sale of their personal information.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to change, modify or amend this Privacy Policy at any time to reflect changes in our products and service offerings, accommodate new technologies, regulatory requirements, or other purposes.  If we modify our Privacy Policy, we will update the “Effective Date” and such changes will be effective upon posting.  If you provide us an email address, we will provide any updated Privacy Policy to you.  In that email, we will provide the option to opt-out of receiving further emails.  It is your obligation to check our current Privacy Policy for any changes.

CONTACT US

If you have any questions about this Privacy Policy or the Information we have collected about you, please contact us at the following:

Email:  privacy@imaige.com

Call us:  619-212-0244

Write us:  IMAIGE, Inc.

P.O. Box 22700

San Diego, CA 92122