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Privacy Policy

Effective October 10, 2023

This Privacy Policy ("Privacy Policy") explains how information is collected, used and disclosed by SmartShoot, Inc., a Delaware corporation ("SmartShoot,” “we,” “us” or “our”), and applies to information we collect when you use or access our online or mobile websites (www.smartshoot.com), products, services or applications (collectively, the "SmartShoot®  Services"), or when you otherwise interact with us. We respect the privacy rights of users and recognize the importance of protecting information collected about you.

DEFINITIONS

In addition to the capitalized terms from the Terms of Use, there are a couple more terms that are important to this Privacy Policy. You may find the definitions of these terms below:

Applicable Data Protection Law and/or Regulation” means any law or regulation relating to the processing of Personal Data that applies to SmartShoot’s processing of your Personal Data, including the EU GDPR, the UK GDPR, the CCPA, the PDPO, the PDPA and the UAE Federal Decree-Law No. 45 of 2021 regarding the Protection of Personal Data. 

“Client” means an individual or legal entity (represented by its legal representative or other duly authorized person), that accesses or creates a User Account on SmartShoot.com for the purposes of ordering services and/or deliverables itself or on behalf of its own customers (which may be individuals or legal entities “End Client(s)”).

“Controller” means a natural person or legal entity, public authority, service or any other organization that determines the purpose of processing Personal Data.

“Data” or “Personal Data” means any information relating to a natural, living and identifiable person, including any information deemed personal information under the Applicable Regulation regarding Data Protection and/or information through which a person may be identified directly or indirectly. It can include names, addresses, telephone numbers, email addresses.

“Deliverable” means the images, videos and/or other media ordered by Client.

“Photographer” means an independent service provider offering or interested in offering photography, videography and/or other related services on SmartShoot.com.

“Processing” or “process” means any operation or set of operations carried out by SmartShoot in regards to Personal Data, such as collection, registration, organization, retention, adaptation or modification, extraction, consultation, use, disclosure by transmission, distribution or any other form of making available, matching or interconnection as well as archiving and/or deletion.

“Processor” means a natural person or legal entity, public authority, service or any other organization that processes Personal Data pursuant to the instructions of the Controller.

“Services” means the photography, videography and/or other media-related services ordered by Clients and/or End Clients via SmartShoot.com and provided by the freelance Photographer(s);

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Information Collected

SmartShoot collects different Personal Data depending on how you interact with the website.

While visiting the website we may ask you to register and/or provide information that personally identifies you (“Personal Information”) to allow us to provide and improve our website, services, features and content (together, the “Service”) and to enable users to enjoy and easily navigate the website. Such Personal Information includes your name, company name, company URL, phone number, street address, e-mail address and, for certain services, credit card information (notwithstanding anything else in this Privacy Policy, we will not share any credit card information with any third party unless required to provide you services that you have requested). On any page that collects Personal Information, we will specifically describe what information is required in order to provide you with the product or service, connect you to businesses or Photographers in order to perform or take advantage of the SmartShoot Services, or respond to your inquiry or comment.

Information collected online is often defined as being either anonymous or personally identifiable. Personal Information is defined above whereas Anonymous Information refers to information that cannot be tied back to a specific individual. For instance, we may know that thousands of people have visited this Privacy Policy web page, but we do not necessarily know their names, where they live, or their date of birth. What we collect from visits such as this constitutes anonymous information. Many of the individuals who access our services decline to use the personalization features that are available to them, and therefore those individuals are anonymous to us and the only data we collect about them is anonymous information.

How We Use the Information We Collect

Anonymous Information: As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We may link this automatically-collected data as well as any information received from third parties to Personal Information.

Personal Information You Provide to Use the SmartShoot Services: In order to use the SmartShoot Services, we may ask you for Personal Information such as your name, email address, phone number, address and other information. This information may be sent to others using the SmartShoot Services so that they can contact you to perform the SmartShoot Services or so that we may inform you about jobs or projects you may be interested in. We will not otherwise disseminate your Personal Information except as otherwise set forth in this Privacy Policy. If you do not wish your Personal Information to be shared with others for the purposes of using or providing the SmartShoot Services or receiving job or project related emails, you may email us at legal@smartshoot.com. Note that if you request that your Personal Information not be shared with a third party, you will not be able to take advantage of all of the features or functionalities of the SmartShoot Services.

If you visit our website, we process your Personal Data pursuant to the following legal bases: (i) your consent; (ii) our legitimate interest in improving our website and services; (iii) our legitimate interest in the functioning on the website; (iii) our legitimate interest in monitoring our website for fraud and/or other illegal or impermissible use.

If you register as a Photographer on our website, your Personal Data will be collected for the following purpose(s): (i) to create and maintain your SmartShoot User Account; (ii) to allow you to offer your services as a freelance photographer and/or videographer; (iii) to allow you to specify your location, availability, equipment, and area(s) of experience, interest, and expertise in order to perform services for SmartShoot’s customers; (iv) to allow you to participate in any contests, promotions or similar being offered through the SmartShoot.com; (v) to pair you with a shoot; (vi) to communicate with you regarding your User Account, opportunities, any services or media you are providing and/or have provided, photographer studies and/or contests or similar. We may process this Personal Data pursuant to the following legal bases: (i) your consent; (ii) the performance of the contract in place between you and SmartShoot; (iii) our legitimate interest in improving our website and services; (iv) our legitimate interest in monitoring our website for fraud and/or other illegal or impermissible use; (v) any legal obligation. Photographers are paired with shoots using a technology that takes into account the photographer's location, indicated availability, areas of expertise, experience and other factors. 

If you register as a Client on SmartShoot.com, your Personal Data will be collected for the following purpose(s): (i) to create and maintain your SmartShoot.com User Account, (ii) to allow you to order Services and Deliverables; (iii) to process and fulfill Your order of Services and Deliverables; (iv) to manage your comments and/or feedback concerning the Deliverables; (v) to inform you about Services that you might find interesting. We process this Personal Data pursuant to the following legal bases: (i) the performance of the contract in place between you and SmartShoot; (ii) our legitimate interest in improving our website and services; (iii) our legitimate interest in monitoring our website for fraud and/or other illegal or impermissible use. If you schedule a Service via a landing page associated with SmartShoot.com, your Personal Data will be collected for the following purpose(s): (i) to contact you in the context of the Service order; (ii) to process and fulfill your order of Services and Deliverables. We process this Personal Data pursuant to the following legal bases: The performance of the contract in place between you and SmartShoot.

Personal Information From Third Parties: We may receive Personal Information about you from our Clients or partners which we may use to contact you in relation to the SmartShoot Services. This Personal Information will be treated with the same degree of care as any Personal Information you provide directly to us.

We may also offer other services as a part of our website (e.g., contests and other promotions with unaffiliated third parties). If you choose to use these optional services or opportunities, we may provide some of your Personal Information to these parties. We will not do so without telling you in advance, and you can avoid having us make such disclosures by choosing not to use these services or features of the website.

Depending on the services you have chosen to use, some or all of your Personal Information may be used by SmartShoot to provide such services. Personal Information may also be provided to intermediaries and third parties, including credit card processors, who assist SmartShoot in providing you with the service you request.

Except as otherwise provided in this Privacy Policy, however, SmartShoot will not share, rent or sell your information to third parties without your permission. SmartShoot is the sole controller of the information collected on www.smartshoot.com. SmartShoot may collect Personal Information from our users at several different points on our website.

Posting to Social Media

If you choose to use our service to tell a friend about a film or photo you saw on our website, we will ask you for your friend’s name and email address. We will automatically send your friend an email. Your friend may contact us at legal@smartshoot.com to request that we remove this information from our database. Our website sometimes mentions other SmartShoot pages or accounts on social networks. Keep in mind that the content presented on those social platforms may be viewed by the public, and SmartShoot cannot be held liable for actions taken by third parties if you post something (including anything with Personal Data in it) on one of our social media accounts.

Customer Service

Based upon the Personal Information you provide us, we may send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, if you have provided such information.

Profile

We store information that we collect through cookies, log files, or tracking tags to create a “profile” of your preferences. We may tie your Personal Information to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the website for you.

Bulletin Board/Blogs/Rate A Photographer

If you use a bulletin board or blog or rate a Photographer (a “Photographer” is the artist responsible for the photograph or film on the SmartShoot website) on this site, you should be aware that any information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these forums.

Cookies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.

SmartShoot uses cookies pursuant to its cookie policy, which is located here.

The website can only access the information from a cookie sent by the website. We cannot access cookies sent by other websites or the information contained therein. Additionally, we cannot learn your e-mail address or any other information about you through the use of a cookie. The only way we would learn such information is if you specifically and voluntarily submit that information to us, for example, through a registration system, by purchasing products, or by entering a sweepstakes or promotion.

We use cookies to track usage of the website and further personalize your experience when you are visiting the website. By tracking usage, we can best determine what features of the website best serve the users. Overall, the use of cookies helps to give you a more personalized experience on the website. The information is used to keep our website fresh and relevant to you, the user.

You may decline to accept cookies sent by the website by selecting an option on your browser to reject cookies. However, if at some point we require registration to use the Services, you will be required to log in each time you access the website. In a few cases, some of our website feature may not function as result. Cookies enable our server to know that you are a registered user, and will eliminate the need for you to log in each time you access our website.

We may also employ a software technology called tracking tags (a.k.a. clear gifs/Web Beacons/Web Bugs/tracking pixels), that help us better manage content on our site by informing us what content is effective. Tracking tags are tiny graphics with a unique identifier, similar in function to cookies, that are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, tracking tags are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We may tie the information gathered by tracking tags to our customers’ Personal Information.

We may use tracking tags in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see the “Choice/Opt-out” section below.

Party Collecting the Information

This Privacy Policy only addresses the use and dissemination of information that we collect from you or that we receive about you from third parties. The website may offer forums, message boards, or chat rooms as one of the services on the website. If you disclose Personal Information in one of these forums, this information can be viewed, collected, and used by others. We are not responsible for the use of information you disclose in these forums.

Choice

You will be required to take affirmative action to opt into our processing of your Personal Data. 

For example, when we will use cookies on our website, including functionality or advertising cookies that collect Personal Data, we will require your consent before firing the cookies. Essential cookies are necessary and used to maintain an anonymous user session by the server. 

Access to Personal Information

If your Personal Information changes, or if you no longer desire our service, you may correct, update, delete, deactivate it or simply view or inspect it by contacting us at legal@smartshoot.com or, if applicable, making the change on your user information page. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. This right to access Personal Information goes for all individuals including those from the United States, the European Union, the United Kingdom, and Switzerland. For further details, please your rights below. 

Information we share

We will only disclose Personal Data in the following cases:

We may share aggregate, pseudo-anonymised or anonymised information, which does not allow you to be identified, in the context of statistical analyses for commercial objectives; which may include the number of visitors to our website and the number of clicks generated via email.

EU-U.S.,UK Extension and SWISS-U.S. Data Privacy Framework

SmartShoot’s® complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  SmartShoot® has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. SmartShoot® has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Our participation in the Data Privacy Framework applies to all personal data that is subject to this Privacy Policy and which is received from the European Union, the United Kingdom, the European Economic Area, and Switzerland. We will comply with the Data Privacy Framework Principles in respect of such personal data.

Our accountability for personal data that we receive under the Data Privacy Framework and subsequently transfer to a third party is described in the Data Privacy Framework Principles. In particular, we remain responsible and liable under the Data Privacy Framework Principles if third-party agents that we engage to process the personal data on our behalf do so in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.

We acknowledge the right of individuals to access their data pursuant to the Data Privacy Framework Principles.  Furthermore, individuals have the right to view and amend or update inaccurate information and to request deletion of data that has been handled in violation of the Principles. EU, UK, and Swiss individuals wishing to access their personal information may do so by contacting us at legal@smartshoot.com or, if applicable, on your user account information page. 

The Federal Trade Commission has jurisdiction with enforcement power over SmartShoot’s® compliance with the Data Privacy Framework.

In compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), SmartShoot® commits to resolve complaints about our collection or use of your personal information transferred to the U.S. pursuant to the EU-U.S. DPF, the UK extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. EU, UK, and Swiss individuals with inquiries or complaints should first contact SmartShoot® at legal@smartshoot.com  

SmartShoot® has further committed to refer unresolved DPF Principles-related complaints to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf  

Human Resources Data From the EU, UK and/or Switzerland

SmartShoot® commits to cooperate with EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU, the UK, and Switzerland in the context of the employment relationship.

Please do not forward your concerns to BBB EU Data Privacy Framework as they will be unable to respond.

EU Users

We may transfer to and store the Personal Data we collect about you in countries other than the country in which the Personal Data was originally collected, including in the United States or other destinations outside the European Economic Area (“EEA”) and the United Kingdom. Those countries may not have the same data protection laws as the country in which you provide the Personal Data. When we transfer your Personal Data to other countries, we will protect the Personal Data as described in this Privacy Policy and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA and outside the United Kingdom. 

If you are located in the EEA or the United Kingdom, we will only transfer your personal Data if:

Security

SmartShoot operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our customers. You the consumer are ultimately responsible for the security of your user name and password, if applicable. Please take care to store your user name separately from your account password, or better yet, choose a password that you don’t need to write down at all.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Legal Disclaimer

Note that we may be required to release Personal Information in response to lawful requests by public authorities including to meet national security and law enforcement requirements.

Your Privacy Rights Regarding Third Party Sharing

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Do Not Track Policy

Our website does not respond to do not track signals or requests.

Data Storage

SmartShoot securely stores your Personal Data on AWS cloud servers, encrypting your data both in transit and at rest.  

SmartShoot will keep hold of your Personal Data for no longer than necessary. The length of time we retain will depend on any legal obligations we have (such as tax recording purposes), the nature of any contracts we have in place with you, the existence of your consent or our legitimate interests as a business.

Any Personal Data we do hold onto will be anonymous and will be used to analyze website trends but without an identifiable personal information.

How to exercise your Personal Data Rights

In connection with your Personal Data, you have the right:

You also have the right to withdraw consent for any processing activity, at any time.

In some cases, notably in the case you request to access the entirety of your Personal Data, we may ask you to verify your identity (copy of national identity card or passport). Your identity document will be kept for the period needed to process your request and then will be erased permanently.

If you make a request, SmartShoot will have one month to respond to you. 

Contacting Us

If you have any questions or comments about our Privacy Policy, please e-mail us at legal@smartshoot.com.

Our office address is:

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Changes and Updates. We encourage You to regularly review this Privacy Policy to keep up to date with any changes. For material updates, we will notify You via the Website and/or the method You choose when signing up.

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