1. Collection of Personal Information
2. What do we collect
3. What do we track
4. How we use the information we collect
5. When do we share your information
6. Third-party use of information
   1. Security of your information
   2. Legal Basis of Collection
   3. Your options
7. Your consent and changes to this policy
8. Your California Privacy Rights
9. Your Comments

StudioPlus Software LLC (“StudioPlus”, “we” or “us”), recognizes and respects the importance of maintaining the privacy of our photographers, consumers and other users of our software, website, and other services we provide (collectively, our “Services”).

In this Privacy Policy (“Privacy Policy”) we describe why we gather information from You, what information we collect, how we collect it, what we use the information for and how You can instruct us if You prefer to limit the use of that information. This Privacy Policy is part of the Terms of Use for any and all StudioPlus Services, including, but not limited to, the StudioPlus+ software suite, StudioPlusSoftware.com, InspiredByYou.com, and MyStudioPlus.com and companion mobile applications. Your use of any of the Services indicates You are accepting the practices described in this Privacy Policies and agree to receive our current privacy policies through our web site. If you do not wish to have your information used and disclosed as provided in this Privacy Policy, please refrain from providing your information and/or delete the information you may have submitted in the past. In doing so, please understand that your access to information, services and other benefits may be substantially limited. Further assistance is available via email to [email protected].

We may change this Privacy Policy from time to time. If we make changes, we will notify You by revising the date at the bottom of the policy and, in some cases, we may provide You with additional notice (such as adding a statement to our homepage or sending You an email notification). We encourage You to review the Privacy Policy whenever You access the Services to stay informed about our information practices and the ways You can help protect Your privacy.

I. Collection of Information

Personal information is data relating to a person that can be used to help uniquely identify them, either directly or indirectly. You may be asked to provide personal information when in contact with us. If you do not provide us with certain requested personal information we may not be able to provide you with some or all of our Services.

We reserve the right to gather information from and about You to allow us and certain third parties to communicate with You, to process Your orders, to improve our Services, to provide an enhanced and more personalized interactive shopping experience and to inform You, and Your invited guests, of special offers and discounts. Some of these offers and discounts may be offered by on behalf of third parties, some of which may be independent and not under the control of StudioPlus Software.

This Privacy Policy does not cover and is not intended to restrict what we do with data that is aggregated and anonymized, so it is no longer associated with a personally identifiable user.

II. What do we collect?

We collect personal information when:

• you register to become a member of our Services or any other partner services
• you use our Services to store, share, and/or print Your pictures online
• you make online purchases
• you submit questions or comments to us
• you participate in online surveys, forums, chats, bulletin boards, discussion groups
• you participate in online promotions, premiums, sweepstakes or contests
• you request that we send information to You, Your friends, family and colleagues

This information is collected through our Web Site and emails. Information You enter might be collected even if You cancel or do not complete the intended use, registration, or order process.

The types of information we may collect include Your name, email address, postal address, phone number, fax number, credit card information and other contact or identifying information You choose to provide, date, time, computer identity, crash data, device type and setting, operating system, language, region, log preferences, registration key, license level, license code, license code status, code registration date, last validation date, Ethernet address, IP address, MAC address, licensed software name and version, OS version, and any other information about user actions required to improve, support and maintain our software. If You choose to use Your real name (or include any identifying information as part of Your “nickname”) that information may be publicly displayed through the Services. Therefore, please use caution in determining how You wish to be identified in using the Services.

When You place an order or access Your account, You are automatically using our secure server. The secure server software (SSL) encrypts all information You enter before it’s sent to us. This means that all of the customer information we gather is protected against unauthorized access.

If Your web browser does not permit a secure connection, the web site will not accept Your credit card information. Your browser should display a “lock” or “key” icon at the bottom screen when a secure connection is made, and the URL bar on the top of Your browser typically shows the first characters as “https.” All of the customer data we collect, once submitted by You, is reasonably protected against unauthorized access.

Note: If You opt-out from receiving further promotional emails from us, we will not share any of Your information with any third parties, including our Affiliates.

III. What do we track?

When You access or use our Services, we may also automatically collect information about You, including:

• Log Information: We log information about Your use of the Services, including the type of browser You use, access times, pages viewed, Your IP address and the page You visited before navigating to our Services.
• Device Information: We collect information about the computer or mobile device You use to access our Services, including the hardware model, operating system and version, screen resolution, color and depth, unique device identifiers and mobile network information.
• Location Information: We may collect information about the location of Your device each time You access or use one of our mobile applications or otherwise consent to the collection of this information.
• Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to Your computer or mobile device. We may also collect information using web beacons (sometimes called “tracking pixels”). Web beacons are electronic images that may be used in our Services and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.
• Photo Location Information: When you upload a photo with geographical data (i.e. from a mobile device) or manually geotag your photo, we collect the location of that photo. With your consent, we collect information about your location if you take a photo within the StudioPlus mobile application to add to your photo’s metadata.
• EXIF Data: Exchangeable Image File Format (“EXIF“) data is a record of the settings and other relevant metadata inserted by a digital camera when you take a photo or video such as camera type, aperture, shutter speed, focal length, and location (as described above), among other information. Unless you turn off EXIF data on your camera or device or remove it from the picture before uploading to StudioPlus, StudioPlus receives and stores EXIF data.

We reserve the right to utilize algorithms to find visually similar images and data as well as to help you organize your photos and make it easier to search images. This technology might identify and tag scenes, actions, objects for your convenience.

Please note that a number of companies offer utilities designed to help You visit web sites anonymously. Although this may interfere with and limit our ability to provide You with the Services, we want You to be aware that these tools exist. We do not warrant the effectiveness of these utilities in coordination with the provision of our Services, and we do not represent that we will be able to process Your requests or provide the Services to You should You use such a utility.

From time to time, if authorized by You, we may also obtain information from other sources and combine that with information we collect through our Services. For example, if You create or log into Your account through a social media site, we will have access to certain information from that site, such as Your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site. We may receive updated information about You, such as an updated billing address, from the financial institution issuing Your credit card in connection with our billing for the Services.

What are “cookies” and how do we use them?

A cookie is a piece of data stored on Your hard drive, which contains information about You, such as the web pages You visit. These cookies allow the web site to remember important information that will make Your use of the Service more enjoyable. StudioPlus cookies do not contain any personal information and are used for these reasons: (1) cookies allow us to keep track of the pictures You upload and download; (2) cookies allow us to remember You when You login to the places on our site which require Membership; (3) to remember Your country and language preferences; (4) to help us understand the size of our audience, traffic, and bandwidth patterns;(5) to manage and present site information; (6) to deliver information specific to Your interests; and (7) to manage site information and pictures displayed on Your computer.

If you wish to restrict, remove or refuse to accept cookies which are set by any website (including this website), you should do this through the browser settings for each browser you use to access the Internet. The Help function within your browser should tell you how to do so. For further information about how to restrict, remove, and refuse to accept cookies, visit www.aboutcookies.org or www.allaboutcookies.org. You can opt out of Facebook collection here. You can opt out of Google analytics here, and adjust other Google privacy settings here. Twitter also uses conversion tracking and tailored audience products for advertisements. You can modify your Twitter privacy settings here. You can opt out of LiveRamp here. You can opt out of Amobee here. Our website may also provide hyperlinks to other websites owned and controlled by others. StudioPlus is not responsible for the privacy practices of any website that it does not own or otherwise control, and you should read the privacy policies of websites owned and controlled by others before deciding whether to proceed.

IV. How we use the information we collect

We may use information about You for various purposes, including to:

• Communicate with You
• Forward Your orders to Your photographer, or to fulfill them through our partners, and Provide and deliver the products You order, process Your subscription to the Services and other transactions, and send You related information, including confirmations and invoices;
• Register You in programs
• Create and maintain accounts
• Send friends, families and colleagues information on Your behalf
• Send information You request, including technical notices, updates, security alerts and support and administrative messages;
• Provide, maintain and improve our Services;
• Facilitate Your use of, and our administration and operation of the Services;
• Monitor and analyze trends, usage and activities in connection with our Services;
• Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
• Process and deliver contest entries and rewards;
• Link or combine with information we get from others to help understand Your needs and provide You with better service; and
• Carry out any other purpose for which the information was collected.

The information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, You consent to the processing and transfer of information in and to the U.S. and any other applicable country. By using the Services or providing us with Your information, You hereby consent to this transfer. In addition, if You provide data to us about other individuals (such as Your message recipients), You agree that You have obtained consent from each such individual to the submission and processing of such information under the terms of this Privacy Policy, including without limitation the transfer of such data to the United States. Although we will collect and use Your information only as stated in this Privacy Policy, laws generally applicable to the protection of personal data in the United States may not be as stringent as those in some users’ home jurisdictions.

Your personal information will be retained for as long as it is necessary to carry out the purposes set out in this Privacy Policy (unless longer retention is required by applicable law). However, we will not retain any of your personal information beyond this period and the retention of your personal information will be subject to periodic review. We may keep an anonymized form of your personal information, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.

V. When do we share your information?

We may share information about You as follows or as otherwise described in this Privacy Policy:

• With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
• If You purchase prints or other products from one of our subscribers so that such subscriber may provide You with assistance or answer questions You may have in connection with Your purchases;
• In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
• If we believe Your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety any individual;
• In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
• With Your consent or at Your direction, including if we notify You through our Services that the information You provide will be shared in a particular manner and You provide such information.

We may also share aggregated or anonymized information that does not directly identify You.

Note that we may disclose any information You provide to us (i) when we believe disclosure to be appropriate to comply with any law, regulation, or governmental or law enforcement request, or to comply with judicial process; (ii) if such disclosure is necessary or appropriate to operate the Services or to process any orders or registrations or to conduct any promotions, contests, or sweepstakes You participate in, or in order to provide partner-sponsored feature enhancements; (iii) to protect the rights or property of StudioPlus, its affiliates, users, customers, recipients, Members, Sponsors, Providers, Licensors, or Merchants (as such terms are defined in the applicable Terms of Use); (iv) when necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions or Use, or as otherwise required by law; (v) to our legal advisors who may need to manage or litigate a claim; or, (vi) for any other purpose when we have your permission.

Please further note that any personal information You reveal or post on one our public forums (as defined in the Terms of Use), such as a message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, and all User Submissions, are not protected by this Privacy Policy and may be collected, shared and used by us or with third parties, including to contact You. Information You give out or post on our public forums You disclose at Your own risk.

Portions of the Services (such as our Member registration and guest/event login screen) require registration and log-in processes in which You will need a user ID and password (collectively, the “Password”). Any Password provided to You will be the exclusive property and confidential information of StudioPlus and may be used by You solely for Your individual use of this Web Site. You are responsible for maintaining the confidentiality of any Password provided to You. Any activities that occur using Your Password are Your responsibility, whether or not authorized by You. You agree to immediately notify us of any unauthorized use of Your Password or accounts.

We do not knowingly collect personal information from children under age thirteen (13) (or the otherwise applicable age of digital consent in any particular jurisdiction). Children under the applicable age of digital consent are not permitted to use our websites and services, and must request a team adult, parent or guardian provide any personal data in connection with the site and/or services. We will delete any information later determined to have been collected from an underage user.

VI. Third-party use of information

From time to time, we may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about Your use of the Services and other websites, including Your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by StudioPlus and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to Your interests on our Services and other websites and better understand Your online activity.

a. Security of your information

StudioPlus takes reasonable measures to help protect information about You from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. However, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard Your personal information once we receive it, we cannot warrant the security of information You transmit to us. StudioPlus is committed to seeking to safeguard all personal information that you provide to us; seeking to ensure that it remains confidential and secure; and taking all reasonable steps to ensure that personal privacy is respected. All our data is stored in written or electronic form on our servers and computers and in various physical locations. We maintain physical, electronic and procedural safeguards to protect your personal information from misuse, unauthorized access or disclosure, and loss or corruption by computer viruses and other sources of harm. We limit access to personal information to those staff members, joint venture partners, subsidiary companies and third parties who need to know that information for the purposes set out in this Privacy Policy.

b. Legal Basis for Collection

Some jurisdictions require StudioPlus to provide information about the legal grounds for use or disclosure of your personal data. Where those laws apply, StudioPlus’ legal grounds are:

1. We often handle personal data because it furthers the legitimate interests of StudioPlus (or of our customers, affiliates, business partners, or suppliers) in business activities such as the ones listed below, and because that handling of data does not unduly impact your interests, rights, and freedoms:
   1. Facilitating free speech, artistic expression, and journalism;
   2. Providing customer service;
   3. Some of our marketing and advertising activities;
   4. Analyzing and improving business activities;
   5. Protecting business activities, individuals, and property (for example, protecting against abuse of our Services); and
   6. Managing risks and legal issues.
2. To honor our contractual commitments to the individual: Some of our handling of personal data is necessary to meet our contractual obligations to individuals, or to take steps at the person’s request because we are planning to enter into a contract with them. For example, when we process an individual’s personal payment data for a subscription, we are relying on this basis.
3. To honor the consent of the individual, which may be inferred under the circumstances.
4. To comply with our legal obligations.
5. To establish, exercise, or defend legal claims.

c. Your Options

From the Company and its Affiliates

If You prefer not to have us provide personal information about You to third parties (other than our Affiliates, subcontractors, or agents acting on our behalf in compliance with this Privacy Policy), please let us know by Emailing us at: [email protected]

Note: If You opt-out from receiving further promotional emails from us, we will not share Your email address with any third parties, including our Affiliates and partners.

If You prefer not to receive further product information and promotional mailings/emails from us based on information You provided to us, please indicate this in Your instructions to us and please include Your mailing address. Any email from us for which the primary purpose is the advertising or promotion of a product or service will contain contact information/link and a reply email address to which You may reply to opt-out from receiving similar future emails. Please note that Your instructions do not govern the use of personal information You may have provided to third party merchants, including Your Photographer, whose products and services may be displayed or accessible on or through the Services. The use of information You have provided to these third party merchants is governed by their privacy polices and terms. Also, Your instructions do not apply to “transactional or relationship” email messages which include, but are not limited to, registration, order status, confirmation or reply emails. (These email messages may also contain promotional items and offers however, that is not their primary purpose.)

Your instructions will only apply to the StudioPlus Services, not to any third party or their web sites. Please refer to the policies and opt-out provisions of those other web sites.

Your instructions to limit the use of Your information will be processed as soon as reasonably practicable and in accordance with applicable law.

EU/EEA Rights

If you are in the European Union and/or European Economic Area, to process your data lawfully we need to rely on one or more valid legal grounds. The grounds we may rely upon include: (1) your consent to particular processing activities. For example, where you have consented to us using your information for marketing purposes; (2) our legitimate interests as a business (except where your interests or fundamental rights override these). For example, it is within our legitimate interests to use your data to send you our electronic newsletter and product updates if you represent a corporate entity (unless you have unsubscribed); (3) our compliance with a legal obligation to which we are subject. For example, we have a duty to investigate and respond to complaints made against us and may need to process your personal information as part of such investigation; or (4) if you are a customer, or are representing a customer, because processing your personal data is necessary for the performance of a contract.

Please contact us at [email protected] at any time to exercise any of your data protection rights. Data protection law applicable to individuals in the European Union and/or European Economic Area provides individuals with certain rights, including the right to access, rectify, withdraw consent, erase, restrict, transport, and object to the processing of their personal information. Individuals also have the right to lodge a complaint with the relevant information protection authority if they believe that their personal information is not being processed in accordance with the law. Further information about your rights is set out below:

Right to obtain a copy of your personal information. You may have the right to obtain a copy of the personal information we hold about you.

Right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete personal information. If we disagree and believe the information to be accurate and complete, we will advise you and include a notation on the record that you dispute the information’s accuracy. We will respond to your request to correct or supplement your personal information within a reasonable time period and, in any event, within any time period specified in relevant laws.

Right to withdraw consent. You may, as permitted by law, withdraw your consent to the processing of your personal information at any time. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit from certain service features for which the processing of your personal information is essential.

Right to object to processing. You may, as permitted by law, request that we stop processing your personal information. You also have the right to ask us not to process your personal data for marketing purposes.

Right to erasure. You may request that we erase your personal information and we will comply, unless there is a lawful reason for not doing so.

Your right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your personal information. However, you do have the right to contact the relevant supervisory authority in the relevant country directly. In the UK, this is the Information Commissioner’s Office at https://ico.org.uk.

Individuals in the European Union should be aware that StudioPlus may transfer your personal data to a third party in countries outside the EU for further processing in accordance with the purposes set out in this Privacy Policy. In particular, your personal data may be transferred throughout the StudioPlus group and to our outsourced service providers located abroad. In these circumstances, we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organization, contractual or other lawful means. Please contact StudioPlus’s Data Protection Officer through [email protected] for further information about the safeguards which we have put in place to protect your personal data and privacy rights in these circumstances.

VII. Your Consent and Changes to this Policy

Subject to the above provisions, by using our Web Site, You consent to the collection and use of information by us and the terms of this Privacy Policy. We may change our Privacy Policy from time to time and we will post those changes so that You are always aware of what information we collect, how we use it, and under what circumstances we may disclose it. In addition, if You would like prior notice of changes to the Privacy Policy or Terms of Use, email us at [email protected] from the email address to which You would like notice sent. By using the Services after such changes and posting, You agree to be legally bound and to abide by the changes and other provisions contained in the Privacy Policy and Terms of Use of which this policy is a part.

VIII. Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If You are a California resident and would like to make such a request, please contact us at [email protected].

StudioPlus has described the specific pieces of personal information we collect from and about all residents above, including that of California residents. This information generally falls into the following CCPA categories, to the extent that any of the following are personally identifiable: identifiers (such as name, address, email address and other contact information); commercial information (such as transaction data, and information about an individual’s interactions with StudioPlus); categories of personal information described in California Civil Code 1798.80(e) (such as name); characteristics of protected classifications under California or federal law (such as gender); internet or other network or device activity, and other information described in the Information Collected by Cookies and Other Tracking Technologies section of our Privacy Policy; geolocation information; professional or employment related data (such as title); and other information that identifies or can be reasonably associated with you.

We have used and disclosed (and in the past 12 months have used and disclosed) all of the categories of California personal information that we collect for the purposes described in the Privacy Policy. The extent to which our service providers engage in the uses and disclosures described above varies from provider to provider.

StudioPlus does not “sell“ and has not “sold“ its personal information in manner understood conventionally prior to the CCPA. We don’t sell copies of our user lists, for example. However, StudioPlus may utilize analytical data to permit a third party to collect certain information about users to better screen offers an advertisements which may be of interest to our users. We continue to offer individuals the opportunity to opt out of the use of certain third- party cookies and similar technology for analytics and advertising purposes by emailing your request to the address above. Note that certain information is exempt from such requests under applicable law. You also may have the right to receive information about the financial incentives that we offer to you (if any).

You also have certain rights under the CCPA not to be subject to certain negative consequences for exercising CCPA rights.

IX. Your Comments

We welcome feedback concerning this Privacy Policy. Please send Your comments and questions to [email protected].

Last revised: September 30, 2021