Last updated: May17 2018
This Privacy Policy has been updated in order to comply with the EU General Data Protection Regulation (GDPR) and Privacy Shield guidelines, effective May 25th, 2018.
We take your privacy seriously and we want to reassure you that your data is safe with us and we will always treat it with respect.
We only collect the personal information that you give us when you sign up for a trial or our newsletter, purchase a membership subscription, upload information to your account, enter a competition or make an enquiry. We use this information to manage your order & account, provide our services, respond to your questions and to send you relevant information occasionally. We will never give or sell your information to anyone else for marketing purposes – ever. We won’t use cookies to track you personally, just to monitor web traffic and usage and keep you logged in if you request it.
In general, we will always use best practice to manage and protect the data we hold and try to be fair and responsible. We aim to provide a high standard of service and treat your personal data with care and respect. We don’t want to upset you, as we’d like to have you as a long-term customer. If you don’t want to receive our marketing emails anymore, just unsubscribe – and they will stop – immediately. If you have a problem or questions contact us so we can help.
This privacy policy is for this website MyPhotoApp.com and the associated MyPhotoApp builder software platform and applications and describes our policies and procedures.
Your privacy is very important to us and we will strive to keep your information safe and secure. This Privacy Policy will help you understand the kind of information we collect about you and how we collect, process and protect your Personal Identifiable Information (PII), including your rights under current laws and regulations. Personal Identifiable Information, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.
By visiting or using this website and the services offered, you agree to our Privacy Policy as outlined below.
We may update this Privacy Policy at any time, and will publish the changes here. The new Privacy Policy will apply to all current and past users of the website and the services offered from the date the changes are posted. Where material changes are made we will notify existing members of these by email.
If you continue to use our services after such a change, you agree to our updated policy.
MyPhotoApp provides a service that enable customers to build a range of customized Mobile Web Applications (Apps) to promote their business and engage & communicate with their clients. This takes the form of an online software platform known as the MyPhotoApp builder. In order to provide these services, we collect basic personal identification information, which may include but is not limited to, your name, company name and email address when registering for and setting up a new account. When purchasing a subscription, we may also be required to collect financial information. This may include billing name, address and relevant billing info.
When you visit our website and access our online services, we may detect and store your browser language and geolocation, in order to customize your experience according to your country and preferred language. Our servers also passively record a summary of the information sent by your browser, for statistical and legal purposes: your IP address, the time and date of your visit, your browser version and platform, and the web page that referred you to our website.
When you register for MyPhotoApp’s online services and create your own account, for example by starting a Free Trial, any information or content you submit or upload to your account is your own, and you control it fully. This may include, for example: your business contact information, pictures, videos or your list of contacts and customers when utilizing the CRM (client relationship Management) feature. We may process such data in order to enable the publication of web applications and the provision of other services. We may also process information necessary to complete actions via App interaction, form submissions, text SMS or email. This could include the name, company name, address, phone number, email address or other information provided by the user.
MyPhotoApp only ever collects this information on your behalf, and it is used strictly for the purposes you have instructed and you always retain ownership and control on this data.
We may collect information from you when you register or engage on our webpages, engage with our social media, subscribe to a newsletter, respond to a survey, enter a competition, fill out a form, participate in sharing a testimonial, opt in to various account services, communicate by email or enter information on our site.
MyPhotoApp is a Kentucky based Company operated from within the United States. Accordingly, information collected by MyPhotoApp will be stored in the United States. If you are accessing the Website from outside of the United States, you acknowledge and agree that your information will be normally be received by or transferred to servers located within the United States and processed by MyPhotoApp and its third party service providers.
We will only use your personal data when legally permitted. The most common uses of your personal data are:
Generally, we do not rely on consent as a legal ground for processing your personal data, other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by clicking the unsubscribe link at the bottom of the email.
MyPhotoApp may use your information when you register, purchase a subscription, sign up for our newsletter, respond to a survey or marketing communication, browse the website, submit a support request or enquiry or use certain site features. This information allows us to fulfil user needs and requests, update our service and website, provide relevant value via promotions, contests, surveys or other marketing/advertising, process transactions, and for email content. We may also use this information for our own marketing and communication purposes that always come with a way for you to opt-out at any time.
We may also use this data in aggregated/anonymised form in order to analyze service trends.
This automatically recorded data is anonymously analyzed in order to maintain and improve our services. We will only correlate this data with Personal Identifiable Information when required by law or in case of violation of our policies.
We may access this information in a limited and reasonable manner in order to solve any issue with the service, or at your explicit request for support reasons, or as required by law, or to ensure the security of our services in case of violation of our policies.
Cookies are small pieces of data that are stored on your computer or other device when websites are loaded in a browser, if you allow, that ‘remembers’ certain information about you and your preferences. For instance, we use cookies to help us remember and process your log in information where you have chosen to be remembered.
They are also used to help understand your preferences based on previous or current site activity for future visits, and compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services such as Goggle Analytics that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies this may prevent you from taking full advantage of the website.
This website may make use of different third party applications and services to enhance the experience of website visitors. These include social media platforms such as Facebook through the use of sharing buttons, or embedded content from YouTube and Vimeo or tracking services such as Google Analytics. As a result, cookies may be set by these third parties, and used by them to track your online activity. We have no direct control over the information that is collected by these cookies.
We may also collect information using other tracking technologies such as web beacons. Web beacons are small graphic images (also known as “pixel tags” or “clear GIFs”) that may be used on our website or emails to provide us with statistics. Web beacons may be used for a number of purposes, including to measure the performance of our sites, to monitor how many visitors view our sites and how they navigate them, to count how many emails that were sent were actually opened, to monitor the effectiveness of our advertising, or to count how many particular items, or links were actually viewed.
They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, the web beacons may still load, but their functionality will be restricted.
MyPhotoApp may also automatically record information when you access our services. This may include Internet Protocol (“IP”) addresses, log files, pages viewed, browser type, links you interact with and other usage information. For example, we may collect IP addresses to track and aggregate non-personal information, such as using IP addresses to allow us to identify the regions from which users navigate to our Services. MyPhotoApp may also collect IP addresses from users when they log into the Services as part of our login and security features.
When you access our website or services or Apps by or through a mobile device, we may access, collect, monitor and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device and are used to enhance the Services. A device identifier may convey information about your device and how you use the Services to us, but does not collect or share any personally identifiable information about you.
We may use third party tools to help analyze use of our Services and provide advertisements in connection with the Services. These third party tools may use cookies, web beacons, and other tracking technologies to collect the information sent by your browser as part of a web page request, including your IP address, time spent on pages, pages viewed, and links clicked. This Privacy Policy does not apply to third-party cookies, web beacons, or other tracking technologies and the information they collect.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. If you use such links you will leave this site. These Third-party sites have separate and independent privacy policies you should refer to. We therefore have no responsibility or liability for the content and activities of any linked sites.
MyPhotoApp utilizes social media in its marketing and advertising. A closed Facebook Group is also available to MyPhotoApp members. When you interact with MyPhotoApp related social media content, for example, “liking” content on our Facebook page or posting in the members Facebook Group, such interaction may allow us to collect your IP address or the page you are visiting from. Cookies may also be enabled to allow various features to function properly. Interactions on social media are subject to the privacy policy of the social media service provider.
We do not share, sell, trade or otherwise transfer to outside parties your Personally Identifiable Information for their promotional purposes.
In order to allow services on our behalf, MyPhotoApp may share data about visitors and customers with our website hosting partners and contracted service providers who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. Service providers are only authorized to use personal information necessary to complete the services requested.
MyPhotoApp may also share information about MyPhotoApp Visitors, Customers and webinar attendees with the Company’s service providers to ensure information quality, and with third–party social networking and media web sites, for marketing and advertising on said sites.
We may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect ours rights, operations or property, or that of our users.
We may also disclose your personal information with your consent.
MyPhotoApp allows for the integration of a number of supported third party services and content to improve the functionality of your account and the Apps you build. If you choose to opt into integration or use of such services, MyPhotoApp may share or collect information regarding them.
Currently supported services include:
A wide range of other third party services may also be integrated in to the Apps you build through the use of HTML code.
Any Third Party Services you choose to integrate with MyPhotoApp are governed by their own privacy policies. If you do not want your information shared with MyPhotoApp, you may chose to not opt into their specific integrations, services, offers or any other interaction.
MyPhotoApp uses third parties in regards to all payment processing and does not store or have access to your credit card information. These payment processors may not use your personal information for any reason outside processing your credit card information for the intended services.
MyPhotoApp assumes no responsibility for the disclosure of any personal information of any member or their clients through the creation, distribution and use of Apps created using MyPhotoApp services and your account.
When we send email marketing messages this is done through an EMS, email marketing service provider. An EMS is a third party service provider that allows us to send out email marketing to a list of users.
This allows us to provide you with an easy method to unsubscribe from email marketing at any time, via a link at the bottom of the email.
Note you will still receive account & service related emails from us whilst you have an active account or while MyPhotoApp continues to host your Apps.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
To be in accordance with CANSPAM, we agree to the following:
If at any time you would like to unsubscribe from receiving future email marketing you can do so using the unsubscribe link at the bottom of the email and we will promptly remove you from our list.
This does not include service & account related emails sent to MyPhotoApp account holders.
We realize how important your personal information is and take a great number of measures to ensure that this information is securely processed, stored and preserved through routine daily backup services.
We follow generally accepted industry standards to protect your Personally Identifiable Information as you transmit your information from your computer to our website and to protect such information from loss, misuse and unauthorized access, disclosure, alteration, or destruction. However, you should keep in mind that no method of transmission over Internet, or method of electronic storage, is ever 100% secure or error free. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or other acts or omissions.
In particular, email sent to or from this site may not be secure and you should therefore take special care in deciding what information you send to us via email.
Moreover, it is your responsibility to safeguard against unauthorized access to any passwords and/or accounts that you use in connection with the MyPhotoApp website, services and applications, and you should remember to log out of your account once you have completed your activities or if you leave your computer unattended where people may have access to it.
Our website and services are regularly reviewed and updated in line with industry standards in order to make your visit to our site as safe as possible.
Your personal information is contained behind secured networks using industry standard data storage technologies and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
An in-depth look at our Data Protection Policies, your rights as a customer, can be found here, per GDPR regulations:
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
Users can visit our site anonymously. Our Privacy policy is linked in the footer information of each page on our website. Our Privacy Policy link includes the word ‘Privacy’ and can be easily found as specified above.
Users will be notified of any privacy policy changes on our Privacy Policy Page. Active account holders will be advised of significant changes by email. Users are able to change their personal information by logging in to their account or by sending us a support ticket.
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
Our website, services and content are not directed to children under 13.
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices as well as GDPR regulations we will take the following responsive action, should a data breach occur, we will notify the users via email as soon as possible, within 7 business days.
We also agree to the Individual Redress Principle, which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
You may close your MyPhotoApp Account at anytime; MyPhotoApp offers a 30 day Money Back Guarantee to new subscribers and a satisfaction guarantee to all members. To request a refund or close an annual subscription, please submit your request to support@myphotoapp.com. To cancel monthly subscriptions simply remove the repeat payment option from PayPal or Stripe and your membership will end 30 days after the last monthly payment made.
When you cancel your membership any Apps you built and distributed will cease to work, unless you purchased a subscription that also included lifetime hosting.
If you cancel a subscription with lifetime hosting the Apps you built and distributed will continue to work providing they remain in active use. Apps that are inactive for a period of 24 months will cease to work. You will not be able to manage, alter, update, deactivate or delete Apps while you do not hold a current MyPhotoApp membership. If you wish to delete an App that remains active after your have cancelled your membership contact us at support@myphotoapp.com with your request. Alternatively you may renew your membership at anytime to regain access to your account.
MyPhotoApp reserves the right to maintain your information for the length of time necessary to carry out intended services and meet legal obligations. This allows us to perform all necessary business operations, or meet any legal obligations. When you close your account, we may continue to communicate with you about our Services, give you important business updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications.
At any time, you have the right to access, correct, delete or edit any of the personal information you have submitted. EU individuals and Swiss individuals have certain rights to access Personal Information about them, and to limit use and disclosure of their Personal Information. MyPhotoApp respects those rights.
MyPhotoApp account holders are able to update their general information by accessing their brand settings. Changes to subscription levels can be made at any time from the Licence tab in the MyPhotoApp Builder.
If you wish to have your MyPhotoApp account and personal information permanently deleted, you can contact us to request this. Deletion of your account will result in the deletion of All Apps and other information contained within it and any distributed Apps will cease to function from that time and cannot be restored. MyPhotoApp is not responsible for any issues or consequences you may subsequently encounter from App end users if you request deletion of your account.
We will take all reasonable steps to permanently delete your account and personal information, except for the specific information we are required to keep for legal reasons for example, customer details as recorded for purchases and data protection requests.
Please note that as part of our security policy, we always try to preserve your data from accidental or malicious deletion. As a result, after deleting your personal information, it may not be immediately deleted on our servers, and may not be deleted from our backups. It will however be made inaccessible except for recovery purposes, and will ultimately be permanently deleted.
To request the review of your data or deletion of your account, please contact support@myphotoapp.com. All requests will be managed within a reasonable amount of time.
MyPhotoApp is the data controller and we are responsible for your personal date.
If you have any questions regarding this privacy policy you may contact us at:
support@myphotoapp.com
