PRIVACY POLICY

This Privacy Policy applies to personal information we collect:

• directly from you;

• automatically when you use our website, where applicable;

• when you use a Photomatica booth;

• when you request delivery of digital photos by email;

• when you pay for analog photo strip scanning services;

• when we provide event photography or photo booth services to a host or organizer; and

• when you communicate with us.

This Privacy Policy does not apply to third-party websites, payment processors, venue operators, or other third parties that may have their own privacy notices and practices.

Notice at Collection. At or before the point of collection, Photomatica provides consumers with a notice describing the categories of personal information collected, the purposes for which it will be used, that personal information may be shared with venue and promotional partners for marketing purposes, the retention period, and a reference to this Privacy Policy and consumer rights. These notices, together with this Privacy Policy, constitute Photomatica’s notice at collection under applicable privacy law.

The categories of personal information we collect depend on how you interact with us.

A. Information Collected Through Photo Booth Sessions

When you use one of our photo booths, we may collect:

• Photographs and image files created during the session. Booths that do not collect email addresses display a printed privacy notice on the booth.

• Transaction information related to the purchase of a booth session, where applicable, including information submitted in connection with a refund request (such as booth location and the last four digits of the customer's credit card or Apple Pay ID number, as submitted by the customer for transaction matching purposes);

• Venue and session details, such as booth location, date, and time of use (applicable to digital booth sessions; analog booths do not capture this information); and

• Email address, but only if you voluntarily provide it to receive your photos. Where a booth is hosted at a venue or operated as part of a branded activation or brand buyout, and where the applicable venue or brand client has opted in to Photomatica's data-sharing functionality, your email address may also be used by Photomatica for its own marketing and shared with the venue or sponsoring brand client, consistent with the notice provided at the time of collection. Customers may enter their email or skip.

B. Information Collected for Analog Photo Strip Scanning Services

At certain museum-style or similar locations, customers may pay to have analog photo strips scanned. In connection with those services, we may collect:

• Scanned image files;

• Email address used to send the scans;

• Transaction information related to the scan purchase; and

• Storage-related metadata associated with delivery and storage of scans.

C. Information Collected for Event Services

When Photomatica provides services for weddings, birthdays, corporate activations, and similar events, we may collect:

• Photographs and image files created during the event;

• Email addresses of event hosts or clients for service coordination and communication; and email addresses of guests submitted at the booth to facilitate digital photo delivery and to send marketing communications from Photomatica, the venue, and promotional partners associated with the activation, which may be retained and shared with a sponsoring brand client in branded activation or buyout contexts consistent with the notice at collection;

• Event host or client contact details;

• Event-related logistical information needed to perform the services; and

• Storage-related metadata associated with the delivery and storage of event photos and galleries.

D. Information Collected Through the Website

When you use our website, we may collect:

• Information you submit directly, such as through contact forms, inquiry forms, booking requests, or other website forms;

• Basic technical and usage information collected automatically through your browser or device, such as IP address, browser type, device information, pages viewed, and approximate geolocation derived from IP address; and

• Cookie and similar technology data, to the extent such technologies are used on the website.

We collect personal information directly from you, such as email addresses entered at booths for photo delivery (including in branded activation or buyout contexts), event host or client contact details for service coordination, contact forms, event inquiries, photo strip scan requests, refund requests submitted via email or QR code, and direct email communications. We also collect certain information automatically from your use of the website, including device, browser, cookie, and usage information. We may receive information from venue partners or event hosts, including event details, service logistics, and client instructions, and from payment or technology service providers, such as transaction confirmations and delivery and storage support. Where a minor uses our services, we may collect information from a parent or guardian, such as an email address submitted for a minor's photo delivery.

We may use personal information for the following business and commercial purposes:

• to operate, provide, and improve our Services;

• to capture, process, store, and deliver photos;

• to scan analog photo strips and deliver digital scans;

• to send requested photos or scans by email;

• to fulfill event-related services;

• to process or record transactions and to process refund requests submitted via QR code or email;

• to respond to inquiries and customer service requests;

• to maintain and secure our systems and website;

• to detect, investigate, or prevent misuse, fraud, or unlawful activity;

• to comply with legal obligations; and

• where permitted by law, to send promotional or marketing communications from Photomatica and, as described below, to support marketing by participating venue spaces and, in the context of branded activations or brand buyouts, by the sponsoring brand client; and to use analog photo strips for Photomatica's own promotional and marketing purposes where the customer has provided opt-in consent at the photo strip scan station.

Email addresses provided at a booth or scan station may be used to deliver the requested photo or scan and for marketing purposes as further described in Sections 2, 4, 5, and 6. Customers who do not wish their email address to be used for marketing purposes may opt out as described in Section 10.

Where a customer has provided explicit opt-in consent at the point of service, Photomatica may use the customer's analog photo strip for its own promotional and marketing purposes, including on social media, its website, and in advertising or promotional materials. Photomatica will not use photographs of identifiable minors for such purposes without the prior express consent of a parent or legal guardian. For information on retention, storage, and consent withdrawal applicable to photo strips used for promotional purposes, see Section 7.

Photomatica will not use photographs from private events (including weddings, corporate events, and similar occasions) for its own promotional or marketing purposes unless the parties subsequently execute a separate consent agreement for such use.

We may disclose personal information to several categories of recipients for the following purposes. Email addresses may be disclosed to venue spaces hosting our experiences and, in branded activation or buyout contexts, to sponsoring brand clients, but only where the applicable venue or brand client has opted in to Photomatica's data-sharing functionality; such disclosure is limited to email addresses only and is consistent with the notice provided at collection. Email addresses, delivery information, and related engagement data may be disclosed to Photomatica’s internal marketing systems and email platforms for photo delivery, list management, and marketing administration. Email addresses, photographs, photo strip scans, transaction-related data, and website data may be disclosed to service providers for email delivery, cloud storage, hosting, IT support, website functionality, security, and operations. Event photos and related deliverables may be disclosed to event clients or hosts for performance of contracted event services. Scanned images and related metadata may be disclosed to cloud storage providers for storage and fulfillment of analog photo strip scanning services. We may also disclose relevant information to professional advisors, legal authorities, and transaction counterparties in connection with legal compliance, dispute resolution, protection of rights, and business transactions.

Categories Disclosed for Business Purposes. In the preceding 12 months, Photomatica has disclosed the following categories of personal information to service providers and contractors for business purposes: identifiers, commercial information, visual information, internet or other electronic network activity information, and approximate geolocation or other location-related information, where applicable. If Photomatica has not disclosed a category of personal information for a business purpose in the preceding 12 months, that category is not listed above.

When an adult submits an email address, Photomatica may use it to send the requested photo or scan, confirm or administer the transaction, include the address in Photomatica's marketing email systems, and share it with the associated venue space and, where applicable, the sponsoring brand client, consistent with the notice provided at collection. Each initial delivery email will identify that it was sent because the customer requested photos or scans from a Photomatica photo booth and will include a reference to this Privacy Policy. For further detail on how email addresses are collected and used, see Sections 2, 4, and 5.

We retain personal information for only as long as reasonably necessary for the purposes described in this Privacy Policy, unless a longer period is required or permitted by law.

Digital photo booth photographs are retained for five (5) days after capture, unless a shorter period applies or longer retention is reasonably necessary for troubleshooting, legal compliance, or dispute resolution.

Email addresses collected at booths or scan stations are retained in Photomatica's marketing systems and email platforms for as long as the individual remains an active subscriber or until a valid opt-out or deletion request is received and processed. Following receipt of a valid opt-out request, the email address will be suppressed from active marketing use within fifteen (15) business days. Following receipt of a verified deletion request, the email address will be deleted from active systems within forty-five (45) calendar days, subject to any applicable legal hold or compliance exception. A suppression record may be retained for a reasonable period to prevent inadvertent re-subscription.

Analog photo strip scan files are retained for a period of up to ninety (90) days following delivery of the scans to the customer, after which they are deleted or de-identified, unless longer retention is required for dispute resolution, legal compliance, or at the customer's request. Scan files stored with third-party cloud storage providers are subject to Photomatica's deletion instructions and those providers' applicable data handling practices.

Where a customer has provided opt-in consent at the analog photo strip scan station for Photomatica to use their photo strip for promotional or marketing purposes, the photo strip will be retained in Photomatica's marketing folder for as long as the consent remains in effect, or for a maximum of three (3) years from the date of consent, whichever is earlier. Upon receipt of a verified consent withdrawal request, the photo strip will be removed from the marketing folder within forty-five (45) calendar days and will not be used for promotional purposes going forward. A record of the consent and its withdrawal may be retained for a reasonable period for compliance and recordkeeping purposes.

Event photos and related deliverables are retained for a period of up to six (6) months following delivery of the final event gallery or completion of the applicable event services, after which they are deleted or archived, unless the applicable event services agreement specifies a different period or longer retention is required for legal compliance or dispute resolution.

Website inquiry data, including contact form submissions and booking inquiries, is retained for up to two (2) years from the date of submission to support ongoing communications, operations, and recordkeeping, unless a shorter period is appropriate given the nature of the inquiry or a valid deletion request is received.

Transaction records retained by Photomatica are limited to transaction date, time, and location information, and, in connection with refund requests, the last four digits of the customer's credit card or Apple Pay ID number as submitted by the customer for transaction matching purposes. Photomatica does not have visibility into or control over customers' full credit card or payment account data, which is held solely by Photomatica's third-party payment processor. Transaction data processed by the payment processor is subject to that processor's own data retention practices, over which Photomatica does not exercise control. Photomatica retains its own transaction records in accordance with operational needs, including accounting, refunds, disputes, tax, and legal compliance.

Photomatica’s website may use cookies, local storage, analytics tools, and similar technologies to:

• keep the website functioning;

• understand site traffic and user interactions;

• improve website performance and user experience; and

• support basic website analytics and performance monitoring.

You may be able to control cookies through your browser settings.

If you are a California resident, you may have rights under California privacy law, subject to certain exceptions and verification requirements. Depending on Photomatica’s data practices and legal obligations, these rights may include:

• the right to know the categories of personal information we collected about you;

• the right to know the categories of sources from which the information was collected;

• the right to know the business or commercial purposes for collecting, using, disclosing, selling, or sharing personal information;

• the right to know the categories of third parties to whom personal information was disclosed;

• the right to access specific pieces of personal information, in certain circumstances;

• the right to delete personal information, subject to exceptions;

• the right to correct inaccurate personal information, as applicable;

• the right to opt out of the sale or sharing of personal information, if applicable (as further described in Section 10); and

• the right not to receive discriminatory treatment for exercising your privacy rights.

When submitting a privacy rights request, please include your name, the email address or phone number associated with your Photomatica interaction, your state of residence, and the type of request. When submitting by email, please include “Privacy Rights Request” or “Opt-Out Request” in the subject line to help us route your request efficiently; this is a suggestion and not a condition of submission. We may need to verify your identity before processing requests to know, delete, or correct; opt-out requests do not require identity verification. We will confirm receipt of requests to know, delete, or correct within ten (10) business days and provide a substantive response within forty-five (45) calendar days, subject to a permitted extension with notice. For opt-out request processing timelines and related details, see Section 10. An authorized agent may submit requests on your behalf with written authorization signed by you or a valid power of attorney.

How to Exercise California Privacy Rights

To submit a privacy request, contact us at:

• Email: privacy@photomatica.com

• Mail: 50 Otis Street, San Francisco, CA 94103

• Web Form: www.photomatica.com/privacy or via the "Your Privacy Choices" link in the website footer.

• Toll-Free Number: (800) 268-0415

For details on identity verification requirements, response timelines, and the use of authorized agents, see Section 9 above.

Photomatica shares email addresses collected at photo booth experiences with the venue hosting the experience and, where applicable, the sponsoring brand client, but only where the applicable venue or brand client has opted in to Photomatica's data-sharing functionality. Sharing is limited to email addresses only; photographs, session data, and other personal information are not shared with venue partners or brand clients for their own marketing or promotional purposes. This sharing is consistent with the notice provided at the time of collection.

Photomatica shares personal information as described above for marketing purposes. Under California law (CCPA/CPRA), this constitutes "sharing" of personal information for cross-context behavioral advertising purposes, even where no money is exchanged. To the extent applicable, California residents, and residents of Colorado, Connecticut, Virginia, Texas, and certain other states, have the right to opt out of this sharing at any time. Photomatica also honors valid opt-out preference signals, including the Global Privacy Control (GPC), as opt-out requests where technically feasible and applicable. Where a browser or device transmits a GPC signal to Photomatica's website, Photomatica will process it as a valid opt-out of sale/sharing request. Consumers whose GPC signal has been processed will receive a confirmation on the website indicating that their opt-out preference signal has been honored.

To opt out of the sharing of your personal information for marketing purposes:

• click the "Your Privacy Choices" link in the footer of our website, which will direct you to our privacy request mechanism; or

• contact us by email at privacy@photomatica.com or by mail at 50 Otis Street, San Francisco, CA 94103.

Once we receive your opt-out request, we will process it as soon as feasibly possible and no later than fifteen (15) business days from receipt. We will stop sharing your personal information with venue partners and brand clients for marketing purposes going forward, and we will honor your opt-out preference for at least twelve (12) months before seeking reconfirmation. An opt-out request does not affect our ability to use your email address solely to deliver the photo or photo strip scan you requested. We maintain records of privacy rights requests for a minimum of twenty-four (24) months, including the date and method of receipt, the nature of the request, the date of response, and the nature of the response.

Residents of Colorado, Connecticut, Virginia, Texas, and other applicable states may exercise opt-out and related privacy rights as described in Sections 9 and 10 above.

Photomatica’s services are offered to adults age 18 and older for direct participation involving email submission and related contact collection.

At the same time:

• minors may appear in photographs or use the physical booth experience; a privacy notice is displayed at the booth describing how photographs are collected and used, and photographs of minors are subject to the retention and deletion practices described in Section 7;

• a minor under 18 may receive the benefit of a photo delivery only through a parent or legal guardian’s email submission; and

• Photomatica does not intend for children under 18 to submit email addresses or other direct contact information on their own.

Photomatica's website and online services are not directed at children under 13, and Photomatica does not knowingly collect personal information directly from children under 13. Consistent with this Privacy Policy, individuals between the ages of 13 and 17 are also not intended to submit email addresses or other direct contact information on their own, and a parent or legal guardian should do so on their behalf. A parent or legal guardian may contact us using the information in Section 16 to request deletion of a minor's personal information collected in connection with our services. If you believe a child under 13 provided personal information directly to Photomatica without appropriate parental involvement, please contact us and we will take appropriate steps to review and delete the information as required.

We use reasonable administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, use, alteration, or disclosure. However, no system or method of transmission over the internet is completely secure, and we cannot guarantee absolute security.iption

Certain functions may be provided by third parties, including:

• payment processors;

• cloud storage providers;

• email delivery vendors;

• website hosting or analytics providers; and

• Google Drive or similar storage tools for photo strip scan-related files.

Those third parties may process personal information on our behalf or under their own privacy terms, depending on the service and relationship. Photomatica currently uses Cantaloupe, Inc. as its cashless payment technology provider. Photomatica does not have access to or visibility into customers' full credit card or payment account data, which is held solely by Cantaloupe. Cantaloupe's privacy policy, which governs Cantaloupe's collection, use, and retention of payment data, is available at https://www.cantaloupe.com/legal/cantaloupe-privacy-policy/. Photomatica may update its payment technology provider from time to time, and this Privacy Policy will be updated accordingly. To process a refund, Photomatica asks the customer to provide the last four digits of the credit card or Apple Pay account used for the transaction; Photomatica matches those digits against the transaction date, time, and location on file to identify and process the applicable refund. Refund requests are submitted by customers via QR code or email, and refund-related communications are handled by email.

Photomatica operates at venues and also provides services for private and hosted events. In those contexts:

• a venue or event host may receive access to photo-related deliverables or email addresses and delivery information;

• the venue or host may have its own privacy practices and notices; and

• individuals should review any venue- or event-specific disclosures provided at the point of collection. When Photomatica provides services at a private event, the event host or organizer is expected to ensure that guests are aware that a photo booth service will be present and that photographs and, where applicable, email addresses may be collected. A privacy notice will be displayed at the booth describing how information is collected and used.

Where a booth is deployed for a branded activation or hosted event, Photomatica may process data under instructions from the venue, brand partner, or event client, subject to Photomatica’s own legal obligations. In brand buyout contexts, email addresses collected at the booth may be shared with the sponsoring brand client consistent with the notice provided at the time of collection. For information on restrictions applicable to the use of photographs from private events for promotional or marketing purposes, see Section 4.

We may update this Privacy Policy from time to time. When we do, we will post the updated version on the website and revise the Last Updated date above. For material changes, we will provide at least thirty (30) days' advance notice by posting the updated policy with a future effective date, by email where we have a current email address on file, or by other reasonable means. Non-material changes will become effective upon posting.

If you have questions about this Privacy Policy or want to exercise privacy rights, please contact:

Photomatica Photo Booth Corporation 50 Otis Street San Francisco, CA 94103

Email: privacy@photomatica.com  

Website: www.photomatica.com/privacy