Privacy Notice

At Foto Owl Software Solutions Pvt. Ltd. (‘Foto Owl’ or ‘we’ or ‘us’ or “our’), one of our main priorities is the privacy of our visitors and customers. This Privacy Notice (‘this Notice’) documents the personal data processed by us (and our third parties), purposes for which it is used, your data privacy rights and how can you exercise those rights, where do we store your data and when do we delete or retain your data.

This Privacy Notice applies and is relevant for anyone whose personal data is processed by us through our website (https://fotoowl.ai/) and website-based services. This Notice is not applicable for any personal data processed by any third parties independent of services provided by us.

Refer to ‘Third Parties’ section below for more information.

Please Note:

For the purpose of this Notice, ‘User’ is anyone who creates an account on our platform to create an event link and use our services directly, whereas a ‘Guest User’ is anyone who procures the service through the User and the event link created by the User and does not directly create an account with us. And ‘user’ is a generic term which may include both Users and Guest Users apart from website visitors.

We act as processors (and service providers) in respect of the Guest Users of our platform who procure their photos via the event link (created by the User) created on our platform. This processing takes place on the instruction of and on behalf of the User and we do not carry out any independent processing of the event photographs. We only provide the platform to our Users through which service is provided to the Guest Users.

1. Information we collect

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. For the purposes mentioned in the section below, we collect the following information:

• Name, Company name, Address, Email address, Contact number, Tax/GST number of the account User
• Name, date and other details of the event for which our platform is being used
• Name, Email address, contact number and scanned selfie of the Guest User with whom the event photo gallery link shall be shared
• Log Files: internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks.
• Cookies

If you submit any information relating to other people on websites, you represent that you have authority and permit us to use. Further it is important to ensure that the information provided by you is current, complete and accurate.

2. Purpose behind collecting your information

We use the information we collect in various ways, including to:

• Creation of new User registration and account creation
• Creation of an event by the User
• For yielding guest specific pictures by scanning Guest User faces
• Provide, operate, and maintain our website
• Improve, personalize, and expand our website
• Understand and analyze how you use our website, tracking users' movement on the website, and gathering demographic information
• Develop new products, services, features, and functionality
• Communicate with you, either with respect to the services provided by us or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
• Find and prevent any kind of fraud

3. Legal Basis of processing your personal data

We process your data on the basis of contract (for a User creating an event with us) and consent (for the Guest User using the event link created by the User) and legitimate use (for other marketing, research, promotional purposes).

Refer to the last section ‘Acknowledge and Consent’ to provide your consent. We urge you to go through this notice before providing your consent.

4. Storing your personal data

We have partnerships with Amazon Web Services, Backblaze, Vultr and Cloudflare for storing and processing images. Please note we do not store event photographs but only selfies clicked by you to procure your pictures.

Further, you can give us permission to access your Google Drive (the "GD"). We need it to allow you to browse and preview the content of your GD. We only create a copy of the files selected by you into your Foto Owl account and do not store or track any other information about the content of your GD.

5. Data Retention and Deletion

We retain your personal data only for as long as is necessary. We maintain specific records management and retention policies and procedures, so that personal data are deleted after a reasonable time according to the following retention criteria:

• We retain your data as long as we have an ongoing relationship with you (in particular, if you have an account with us) or for as long as needed to provide services to you.
• We retain your data for as long as needed in order to comply with our global legal and contractual obligations.

6. Third Parties

We have a partnership with the following third parties for providing our services to you:

Third-party ad servers or ad networks use technologies like cookies, JavaScript, or Web Beacons in their respective advertisements and links that appear on our website, which are sent directly to users' browsers. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that we have no access to or control over these cookies that are used by third-party advertisers. This Notice does not apply to other advertisers or websites. Thus, we advise you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions on how to opt-out of certain options.

7. Cookies and Other Similar Technologies

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.

8. Security of Your Personal Data

We are an ISO 27001: 2022 certified company and maintain organizational, physical, and technical security arrangements for all the personal data we hold, including encryption, access management, etc. We have protocols, controls, and relevant policies, procedures, and guidance to maintain these arrangements, taking into account the risks associated with the categories of personal data and the processing we undertake.

9. Your Data Protection Rights

Global Data Protection Regulations

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

• Right to Access: You have the right to request copies of your personal data. We may charge you a small fee for this service.
• Right to Rectification: You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
• Right to Erasure: You have the right to request that we erase your personal data, under certain conditions.
• Right to Restrict Processing: You have the right to request that we restrict the processing of your personal data, under certain conditions.
• Right to Object to Processing: You have the right to object to our processing of your personal data, under certain conditions.
• Right to Data Portability: You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

California Privacy Rights Act (CPRA)

Under the CPRA, among other rights, California consumers have the right to:

• Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
• Request that a business delete any personal data about the consumer that a business has collected.
• Request that a business that sells a consumer's personal data not sell the consumer's personal data.

Digital Personal Data Protection Act (DPDPA)

Under DPDPA, you have the following rights:

• Right to Access Information about Your Personal Data: You have the right to access your personal data held by us, including the source of the data, the purpose for which it is being processed, and the categories of data recipients.
• Right to Correction and Erasure of Personal Data: You have the right to have your personal data corrected if it is inaccurate or incomplete and erased if it’s no longer required.
• Right of Grievance Redressal: You have the right to have readily available means of grievance redressal provided by us in respect of any act or omission by us regarding the performance of its obligations in relation to the personal data belonging to you.
• Right to Nominate: You have the right to nominate, in such manner as may be prescribed, any other individual who shall, in the event of death or incapacity from your end, exercise your rights.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at [email protected]

10. Children's Information

Our services do not target minors, and we do not knowingly collect any personal data of minors. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. If you think that your child or any minor has provided this kind of information on our website, we strongly encourage you to contact us immediately, and we will do our best to promptly remove such information from our records.

11. Acknowledgement and Consent

I or my legal representative (which includes a guardian or a person exercising my power of attorney):

• Acknowledge that I have read and understood the content of this consent notice.
• Acknowledge that my information, photographs, and video images may be disclosed to individuals or organizations solely for the purpose of granting me access to my event photographs.
• Confirm that I am over 16 years of age (for those under 16 years, consent must be provided by a parent or guardian).
• Understand that I am under no obligation to provide my consent for the use of my information, photographs, and/or video images.
• Understand that I or my legal representative can withdraw permission for further use of my information, photographs, and/or video images at any time by written request to us.

For any queries or to withdraw your consent, please contact us at [email protected]