Terms of

Last modified June 22, 2015

PHHHOTO INC. ("PHHHOTO", "we", "us", or "our") takes the private nature of your personal information very seriously. This policy regarding our privacy practices (the "Privacy Policy") describes how we treat the information we collect when you visit and use the website available at phhhoto.com (the "Site") or the PHHHOTO mobile app (the “App” and together with the Site, the “Services”), each as provided by PHHHOTO. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Please read it carefully.

1. What This Privacy Policy Covers

This Privacy Policy covers our treatment of information gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any information that our partners share with us or that we share with our partners. This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party domains, websites, services and applications ("Third Party Services") that you elect to access through the Service or to individuals that we don't manage or employ. While we try to facilitate access only to those Third Party Services that share our respect for your privacy, we don't take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of all Third Party Services you access.

2. What Information We Collect and How We Use It

a. Account Information

When you create an account on a PHHHOTO Service (an "Account"), you will provide public information such as your name, picture and caption, in addition to private information such as your current location and unique device identifier. You may also be required to provide us with your birthdate, which we use to verify your age, and your mobile telephone number, which we may use to personalize the Services for you (for example, by presenting you with content relevant to your age group). This information may personally identify you. For example, if you use your full name as your username, you are disclosing your identity to the public. We also allow users to look for their friends by phone number and email address; note, however, that we do not expose your private information to the public, third parties or other users, except in the limited circumstances set forth in this Privacy Policy.

b. Email Communications with Us

As part of the Services, you may occasionally receive communications from us, such as administrative communications relating to your Account (for example, for purposes of Account recovery). In some cases, we may send these communications through our third-party service providers. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving. We may also send you communications to notify you of new products or services and to otherwise communicate with you about PHHHOTO. You can opt-out of many communications from PHHHOTO. Note that we will never contact you to ask for your private Account information; if you receive such contact from a source that purports to be us, please share the message with us.

c. Information about Your Accounts on Third Party Services

You can link your Account to certain Third Party Services, such as Facebook. In order to do so, you will be required to engage in an authorization process with each of those Third Party Services, where we receive a token that allows us to access those accounts. This allows us to post your PHHHOTO content, or links to your PHHHOTO content, to those services. We do not receive or store your passwords for your Third Party Service accounts.

d. Information Obtained from Third Party Services

In some cases, when you connect your Account with your accounts on Third Party Services, we may obtain information about you from those Third Party Services. Such information could include, for example, your gender, if you have disclosed that information to that third party and made it available for PHHHOTO to access. To the extent we obtain such information, we may use the information about you that we receive from Third Party Services to improve and personalize the Services. As a general practice, we strongly urge you to make careful judgments about any personal information you disclose to Internet services, including PHHHOTO and linked Third Party Services, regardless of whether you choose to link your accounts together.

e. Social Invites

The Services include a feature through which you are able to send invitations to the Services to your friends. These invitations can be sent by SMS message. When a user uses this function, they will provide mobile numbers of friends and contacts to PHHHOTO. PHHHOTO will use this information only to send the social invites.

f. User Content

By default, all sharing through the Services is public, and when you provide us with content it is published so that other members can view it. Once content is published, it can be shared publicly and made accessible to everyone (including search engines and users who have not registered for an Account or who are not logged into their Account) and you may lose any privacy rights you might have regarding that content. If you would like to remove any content that you post or publish through the Services, you can do so at any time through your Account. While you are free to remove published pieces of content from your Account, copies of your content may exist elsewhere and be retained indefinitely, including in our systems.

g. Information About User Content

In some cases, we may collect information about content you provide to the Services. For example, when it's included with your images, we may collect information describing your camera and camera settings. This information allows us to improve the Services and provide additional features and functionality.

h. Financial Information

We may sometimes collect financial information, such as information related to your payment method (valid credit card number, type, expiration date or other financial information), for example when you decide to make a purchase through the App.

i. Information Related to Use of the Services

We collect information about how people use the Services, including those with an Account. This information includes general usage information, and may include information such as the number and frequency of our visitors, which pages or features of the Services they have visited, which links on the Services they have clicked on, and the length of those visits. We may also use third party applications and services to collect and analyze this information. This information enables us and third parties authorized by us to figure out how often individuals use the Services so that we can analyze and improve them. Some of this information may be associated with your Account, your IP address or device ID, or other personally identifiable information. We may also use some of this information in aggregate form – that is, as a statistical measure related to all of our users that would not reasonably be expected to identify you personally. We use information about your use of the Services to improve and enhance your experience on the Services.

j. Information Related to Your Web Browser

We automatically receive and record information from your web browser, phone or other devices when you interact with the Services, such as your browser type and version, what sort of device you are using, your operating system and version, your language preference, the website or service that referred you to the Services, the date and time of each web request you make, your screen display information, and information from any cookies we have placed on your web browser (as described below). We also sometimes detect whether you are using certain web browser extensions and store that information in a manner associated with your Account. Web browser-related information is used to enhance your experience with the Services (for example, by personalization) and to allow us to improve the Services.

Our Services use Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses cookies to help us analyze how users use our Services. The information generated by the cookie about your use of the website (including your IP address or device ID) may be transmitted to and stored by Google on servers located outside your location. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser; as noted above, however, this may interfere with your ability to use the Services. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

While your browser may also allow you to send a “do not track” signal when you visit our Site, we do not modify our practices in response to this signal. We will continue to comply with this Privacy Policy in any event. You can learn more about online tracking and options for opting out at www.networkadvertising.org or www.aboutads.info/choices/.

k. IP Address and Device ID Information

Under certain circumstances, we may collect and store your IP address or your device ID. We generally use IP address and device ID information to personalize the Services for you and to learn more about how you use the Services and other websites in order to improve our website. IP address and device ID information is also used by us to generate aggregate, non-identifying, information about use of the Services.

l. Location Information

We collect and store information about where you are located. We may use location information to improve and personalize the Services for you.

m. Information Collected Using Cookies

Cookies are pieces of text that may be sent to and saved by your web browser when you access a website; your web browser stores these cookies in a way associated with each website you visit, and you can see your cookies through your browser settings. We use cookies to enable our servers to recognize your web browser and tell us how and when you use the Services and other websites. Our cookies do not, by themselves, contain information that personally identifies you, and we don't combine the general information collected through cookies with other such information to tell us who you are. However, we do use cookies to identify that you have logged in and that your web browser has accessed aspects of the Services, and we may associate that information with your Account if you have one. This information, in turn, is sometimes used to personalize your experiences on the Services. Most web browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your web browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. If you disable cookies, you won't be able to log into your Account or use or access some of the other features of our Services; as such, we don't recommend disabling your cookies when using the Services. Some third-party services that we use may also place their own cookies on your browser. Note that this Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties.

n. Derived Information

We analyze your actions on the Services in order to derive or infer characteristics that may be descriptive of you, such as other users who may be friends of yours. These characteristics are used to improve and personalize the Services for you.

3. With Whom Your Information Is Shared

We never share information we receive from you unless: (a) we have your permission to share that information; (b) we have given you prior notice, including through this Privacy Policy, that the information will be shared, and with what recipient or category of recipients; or (c) that information is aggregate information or other information that does not identify you.

a. Information Shared with the Public Through the Services

As noted above, by default, content published through the Services is available to other members, and this is an important feature of the Services. Such information includes, but isn't limited to, anything you choose to publish, including any information that may describe you and anything apparent in a posted photograph. Because this kind of information can be seen by anyone and may be indexed by search engines, you should be careful in what you choose to disclose publicly and make sure it is information you want to share with everyone.

b. Information Shared Between the Services

If you use more than one of the Services, we may, if possible, aggregate information about your use of multiple Services together and use that consolidated information to improve how the Services operate, and to develop new Services.

c. Information You Share with Third Party Services

You may access Third Party Services through the Services. You may also choose to share information that you provide to us with those Third Party Services. This Privacy Policy only governs information we collect and you are responsible for reading and understanding those Third Party Services' privacy policies.

d. Information Shared with Our Agents in Order to Operate and Improve the Services

In some cases, we share information that we store (such as IP addresses and device IDs) with third parties, such as our service providers, consultants and agents ("Agents"), for the purposes of operating and improving the Services. Agents with whom we share such information for these reasons are generally bound by confidentiality obligations and, unless we tell you differently, our Agents do not have any right to use personal information or other information we share with them beyond the scope and duration of what is necessary to assist us. You hereby consent to our sharing of personal information with our Agents.

e. Information Shared with Third Parties

We may share or disclose non-private information, Aggregate Information, or other non-personal information with people and entities that we do business with.

f. Information Disclosed Pursuant to Business Transfers

In some cases, we may choose to buy or sell business assets. In these transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your personal information as set forth in this policy.

g. Information Disclosed for Our Protection and the Protection of Others

We believe in freedom of expression, and, to the extent reasonable, we try to protect our community from baseless legal demands. That said, we also reserve the right to access, preserve, and disclose any information as we reasonably believe is necessary, in our sole discretion, to (i) satisfy any law, regulation, legal process, governmental request, or governmental order, (ii) enforce this Privacy Policy, our Terms of Service or any agreement between us and you, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues (including exchanging information with other companies and organizations for fraud protection and spam/malware prevention), (iv) respond to user support requests, or (v) protect the rights, property, health or safety of us, our users, any third parties or the public in general, including but not limited to situations involving possible violence, suicide, or self-harm.

h. Information We Share with Your Consent or at Your Request

If you ask us to release information that we have about your Account, we will do so if reasonable and not unduly burdensome. You may also have rights under applicable laws to receive a copy of the personal data in our possession about you. For any legally required copy of your personal data or other information you are entitled to request, please contact us using the contact information below. We may charge you a nominal fee for complying with such a request, in accordance with applicable law.

4. The Security of Your Information

You need to prevent unauthorized access to your Account and personal information by protecting your mobile phone and any other device on which the App is installed or which is logged in to your Account. We seek to protect your information (including your Account information) to ensure that it is kept private; however, we can't guarantee the security of any information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

5. Children’s Privacy

The Services are intended for users who are 13 years old or older. We do not knowingly collect personal information from children under the age of 13. If we become aware that we have inadvertently received personal information from a child under the age of 13, we will delete such information from our records.

6. Notice to California Residents/Your California Privacy Rights

You can access and delete most information associated with your Account. Under California Civil Code sections 1798.83-1798.84, California residents are entitled once per year to ask us for a notice identifying the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: PHHHOTO INC., 1166 MANHATTAN AVE., SUITE 203, BROOKLYN, NY 11222.

7. How to Delete Your Account and What Happens When You Delete Your Account

You may delete your Account at any time. Please visit http://support.phhhoto.com/knowledgebase/articles/400391-how-do-i-delete-my-account to find out how to do so. Deleting your Account may not fully remove the content you have published from our systems, as caching of, backups of, copies of, or references to your Account information may not be immediately removed. In addition, given the nature of sharing on the Services, some of the public activity on your Account prior to deletion may remain stored on our servers and accessible to the public. For more information on our retention policies, see the Terms of Service.

8. Changes to This Privacy Policy

We may amend this Privacy Policy from time to time, using the process for modifications set forth in our Terms of Service. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

9. Where to Direct Questions or Concerns

If you have any questions or concerns regarding privacy using the Services, please contact us at: