Last updated on January 16, 2018.
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 InformationAbout 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 (collectively, “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 previously uploaded to the Service from your mobile device through the Photo Butler App. If you no longer have access to a photo stream hosted by another user that includes your content or are unable to remove your content for other reasons, contact us at firstname.lastname@example.org 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.
Location Information: If you have permitted us to access location information on your mobile device, we will use the GPS on the mobile device when the Photo Butler App is open to determine your location so that we may notify you of nearby photo streams that you are able to view or to which you are able to contribute through the Service. We will also use the area code of your mobile telephone number to determine your approximate location for this purpose, in addition to or instead of your mobile device’s GPS. We may also use your location information in an aggregate way, as described below in the “Aggregated Information” section.
Information Derived from Photos: When 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 Information: When 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.
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.
Use of Personal Information and Other Information
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, and if you have opted to permit us to access location information on your mobile device, we will use the GPS on your mobile device to determine your location and notify you of nearby photo streams.
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 or events with photo streams that we believe may be of interest to you. For example, we may send you in-app messages or push notifications to let you know about features of the Photo Butler App that you have not used yet, or photo streams you may view, contribute to and interact with through the Photo Butler App. 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 email@example.com.
Disclosure of Personal Information and Other Information
There are limited circumstances in which we may share your Personal Information, the Personal Information of others that you provide to us and other information about your use of the Service 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 content and processing payments. When we retain vendors and service providers in connection with provision of the Service, we will share your information with these Third Party Vendors only as necessary for them to perform their functions and to the extent permitted by law.
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.
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.
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 through a web browser.
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
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
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 in-app messages 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 photobutler.com/legal-terms-use.
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.
One Boston Place
201 Washington St, Suite 2810
Boston, MA 02108