PHOTO BUTLER 

PRIVACY POLICY

This Privacy Policy was last updated on February 18, 2017.

Welcome to Photo Butler! 

Gnommme LLC (referred to in this Privacy Policy as “Photo Butler,” “we,” “us,” or “our”) operates the Photo Butler mobile application (the “Photo Butler App”) and the website located at www.photobutler.com (the “Site”) (the Site and the Photo Butler App collectively, including any new features or versions of the Photo Butler App and related services, the “Service”). The Service facilitates users’ ability to share photos with friends and family and, at the option of users of the Photo Butler App, automatically uploads photographs from such users’ mobile devices and organizes them based on when and where they were taken and the people, places, and other visual information in them and other information provided to us.  For more information about features of the Service, please visit the Site and see the “Services Description” section of our Terms of Service.

This Privacy Policy describes how Photo Butler collects, uses and discloses information from users of and other visitors to the Service (“you” or “your”), including personally identifiable information (as described further below, “Personal Information”).

Please be sure to read this entire Privacy Policy before submitting photos or other information to the Service. By submitting photos or other information to us through your use of the Service, you indicate that you agree to be bound by the terms of this Privacy Policy. This Privacy Policy is incorporated into Photo Butler’s Terms of Service.

Information We Collect:

When you interact with us through the Service, we and third parties with which we work to provide the Service may collect Personal Information and other information from you as follows:

Your Personal Information: Personal Information is information that identifies you, like your full name or email address, or a combination of several pieces of information which do not identify you on their own but which might identify you when combined together, like a portion of your name, your home city and your age. We collect Personal Information from you when you voluntarily provide such information to us, such as when you download the Photo Butler App and sign up for an account with the Service,  use certain features of the Service, make purchases through the Service, contact us with inquiries or respond to one of our surveys. When you sign up for a Photo Butler account, we ask you to provide your name, birthday, home city and state, email address and mobile telephone number. Users also have the option of providing additional information in connection with certain features of the Service, such as the names and birthdays of friends and family pictured in photos (see section titled “Personal Information About Others” below).  If you make any purchases through the Service, your payment information will be collected, used and processed by our third-party payment processor (see section titled “Disclosure of Personal Information and Other Information” below).

User Content:  We collect and store content and information that users transmit, upload, post, submit, publish, display, send or otherwise share or cause to be transmitted, uploaded, posted, submitted, published, displayed, sent or otherwise shared through the Service, including photos that are automatically uploaded from users’ mobile devices to the Service through use of photo stream or automatic organization features of the Photo Butler App, or information that users send or otherwise use via the Service (“content”). You acknowledge and agree that, to the extent that you include Personal Information in your content, such Personal Information will be available to others when you share such content through the Service, and we are not responsible for how others may use or further share such Personal Information or content. Please use caution and common sense when using the Service and posting or sharing content.

You may remove content that you have previously uploaded to the Service through the Photo Butler App. If you no longer have access to a Stream hosted by another user that includes your content or are unable to remove your content for other reasons, contact us at support@photobutler.com so that we may remove the applicable content at your request. You understand that such content may continue to be viewable by others through the Service if other users have posted or reposted it, that others may continue to have copies of or access to any content previously sent through or saved from the Service and that your content may remain on our servers or in our records after it  has been removed from your account.

Personal Information About Others:  We also collect and store Personal Information about others that users provide to us through use of the Service, such as when users provide us with the names and birthdays of people pictured in photos or the mobile telephone numbers of friends, family or other contacts by sending invitations to photo streams through the Service.

By voluntarily providing us with your Personal Information or the Personal Information of others, you are consenting to our use of it in accordance with this Privacy Policy. You represent and warrant that the Personal Information you provide is true, accurate, current and complete, and that you have the authorization to provide it to us. If you provide Personal Information to the Service and are located outside of the United States, you consent to the transfer of such Personal Information from your current location to the offices and servers of Photo Butler and the authorized third parties referred to herein located in the United States and abroad .            

Other Information:

Location Information and Other Information Derived from PhotosWhen a photo is uploaded from a user’s mobile device to the Service, we collect and store data embedded in the photo, including information on when and where the photo was taken, the mobile device used to take the photo and other information about the photo format and camera settings. Photo Butler associates this information with Personal Information, the people, places and other subject matter of the applicable user’s photos and other information provided to us by the user to organize the user’s photos and otherwise provide the Service. If other users save or share your photos through the Service, they and any recipients with whom they share your photos will also be able to access this embedded data.

IP Addresses; Device InformationWhen you visit the Service, we or our service providers may also collect your IP address (the Internet address of your computer). We may use users’ and visitors’ IP addresses for various purposes, including to analyze and report upon visits to and usage of the Service; to diagnose and prevent service or technology problems affecting the Service; and to monitor and prevent fraud and abuse. If you access the Service on a mobile device, we or our service providers may also collect the device type and identification number and request access to settings information for similar purposes. By visiting or using the Service, you are consenting to the collection of IP addresses and device identifiers.

Automatically Collected Information: When you interact with Photo Butler through the Service, we use various technologies (including cookies, as further described below) to passively collect information about your visits to and use of the Service. We may store such information or such information may be included in databases owned and maintained by our affiliates, agents, vendors or service providers. Photo Butler may use such information and pool it with other information to track, for example, the total number of users of and visitors to the Service, the number of users of and visitors to certain features of the Service, and the domain names of our users and visitors’ Internet service providers. If you are (i) a user or (ii) a visitor who has received and followed a link to view a photo or photo stream through the Service, we may associate such information with your Personal Information. If we do, we will treat the combination like Personal Information.

Cookies and Other Tracking Technologies: In operating and providing the Service, we use “cookies” and similar technologies. A cookie is a piece of information that the Service gives to your browser when you access the Service. Our cookies and similar technologies help provide additional functionality to the Service; personalize your experience with the Service; and help us analyze usage of and activity on the Service more accurately. For instance, we may set a cookie that allows you to access the Service without needing to remember and then enter a password more than once during a visit to the Service, or to help us understand how visitors are directed to the Service and which content or products displayed on the Service are of the greatest interest to visitors to and users of the Service. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service’s features.

We also may use Google Analytics, Facebook Analytics for Apps, Mixpanel and similar tools provided by third-party service providers to help analyze how users and visitors use the Service. These analytics services use cookies, web beacons or “clear GIFs” and similar technologies to collect standard Internet log-in information and user and visitor behavior information, including information about your browsing activities over time and across websites or other online services following your use of the Service. In the case of Google Analytics, the information generated by the cookie about your use of the Service (including IP address) is transmitted to and stored by Google. This information is then used to evaluate uses of the Service, compile statistical reports on activity on the Service and enhance your experience when you use the Service. Google will not associate your IP address with any other data held by Google. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.

Aggregated Information: In an ongoing effort to better understand and serve the users of and visitors to the Service, we may conduct research on our customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents, vendors, service providers and other business partners or otherwise use it in connection with the operation of our business. This aggregate information does not identify you personally. Photo Butler may also disclose aggregated user and visitor statistics in order to describe the Service to current and prospective business partners, and to other third parties for other lawful purposes.

Do Not Track Signals: The Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.

Use of Personal Information and Other Information:

We will use the Personal Information you provide through your use of the Service for the reason that you provided it to us and in a manner that is consistent with this Privacy Policy.

If you contact us by email to ask us a question or report an issue with the Service, we will use the Personal Information you provide to answer your question or resolve the issue.

If you provide Personal Information in order to obtain access to or use certain features of the Service, we will use such Personal Information to provide you with access to the Service and such features. For example, if you have opted to have Photo Butler organize your photos in the Photo Butler App, when you identify friends and family in a photo, we will use that information along with other Personal Information and information derived from your photos to sort and organize your photos.

Photo Butler and our affiliates (the “Related Companies”) may use Personal Information and other information collected through the Service to help us improve the content and functionality of the Service, to better understand our users and visitors and to improve the Service; and to contact you to tell you about features of the Service we believe may be of interest to you. If we use your information to send you marketing communications via email or text message, each communication will contain instructions permitting you to “opt out” of receiving future marketing communications from us. If at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing or messaging lists, please contact us at support@photobutler.com.

Disclosure of Personal Information and Other Information :

There are limited circumstances in which we may share your Personal Information and the Personal Information of others that you provide to us with certain third parties without further notice to you, as set forth below:

Agents, Vendors and Service Providers: Photo Butler, like many businesses, sometimes hires and works with other companies to perform functions related to our business and to assist us in providing the Service, such as maintaining databases, processing and storing your content and processing payments. We may share any information we receive with vendors and service providers retained in connection with provision of the Service.

Business Transfers and Changes: As we develop our business, we might sell or buy businesses or assets. If we are involved in a merger, acquisition, reorganization, bankruptcy, receivership, sale of assets, transition of service to another provider or a similar event, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

Related Companies: We may also share Personal Information with our Related Companies for purposes consistent with this Privacy Policy.

Legal Requirements: We may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of or visitors to the Service or the public or (iv) protect against legal liability.

Your Choices

You can use certain features of the Service without downloading the Photo Butler App and signing up for an account. For example, you may view users’ photo streams to which you have been invited as a spectator.

Exclusions:

This Privacy Policy does not apply to any Personal Information provided to us other than the Personal Information described above that is collected from users and visitors through the Service. This Privacy Policy does not apply to any unsolicited information you provide to us, including but not limited to any ideas for new products or services or modifications to existing products or services and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information is deemed to be non-confidential and Photo Butler will be free to reproduce, use, disclose and distribute such Unsolicited Information to others without limitation or attribution.

Children:  

Photo Butler does not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, you are not permitted to use the Service or submit any Personal Information or content through the Service. If you have reason to believe that a child under the age of 13 has provided Personal Information to Photo Butler through the Service, please contact us, and we will endeavor to delete that information from our databases.

Integrated Third-Party Services

Photo Butler may offer you the opportunity to log in to the Service through your accounts with via various third-party services like Facebook (such services collectively, “Integrated Services”). If you decide to use this feature, you will be providing your login information, like your password, directly to the Integrated Service (and not to Photo Butler). When you log into the Service using your account information for an Integrated Service, we will collect relevant information necessary to enable the Service to access that Integrated Service and certain information about you that is contained within that Integrated Service. We will use, store and disclose information that you have provided to the Integrated Service and that is transmitted to us in accordance with this Privacy Policy. However, please remember that the manner in which Integrated Services use, store and disclose your information is governed by the policies of the third parties that operate the Integrated Services. Photo Butler will have no liability or responsibility for the privacy practices or other actions of any Integrated Services that may be enabled within the Service.

You may also have the option of posting your activities on the Service to Integrated Services–for example, you may post to Facebook that you have posted a photo or joined a photo stream on the Service. You acknowledge that if you choose to use this feature, your friends, followers and subscribers on the Integrated Services you have enabled within the Service will be able to view such activities.

Links to Third-Party Websites and Services:
This Privacy Policy applies only to the Service. The Service may contain links to websites or services not operated or controlled by Photo Butler (the “Third-Party Services”). The policies and procedures we describe here do not apply to the Third-Party Services. Any links from the Service do not imply that we endorse or have reviewed the Third-Party Services. We suggest contacting those services directly for information on their privacy policies.

Security:
We take reasonable steps to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration or destruction. However, no Internet or email transmission is ever fully secure or error-free. In particular, email or other electronic messages sent to or from the Service may not be secure. Please keep this in mind when disclosing any Personal Information to us, or sending messages to others through the Service.

By downloading the Photo Butler App,  signing up for an account and consenting to receive communications from us, you agree that we may communicate with you electronically via emails, SMS, MMS or text messages, telephone calls and push notifications regarding security, privacy and administrative issues relating to your use of the Service. By using the Service or providing Personal Information to us otherwise, you agree that we may communicate with you via email for such purposes.

Other Terms and Conditions:
Your access to and use of the Service is subject to our Terms of Service located at www.photobutler.com/terms .

Changes to Privacy Policy:
As a result of changes to the Service or our business, Photo Butler may make changes to this Privacy Policy. at any time. Please review this policy periodically, and especially before you provide any Personal Information. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy indicates your consent to the terms of such revised Privacy Policy.

Access to Information; Contacting Us:
Users with a Photo Butler account may keep Personal Information provided to the Service accurate, current and complete by reviewing and updating their account information. If you are not able to update your information for any reason, please contact us at the email address below. We will take reasonable steps to update or correct Personal Information in our possession that you have previously submitted via this Service.

Please also feel free to contact us as follows if you have any questions about our Privacy Policy:

support@photobutler.com

Photo Butler

One Boston Place

201 Washington St, Suite 2810

Boston, MA 02108