Privacy Policy

Photo Audit Systems, Inc.’s (“PAS,” “Us,” or “We”) Privacy Policy outlines the collection, use, processing and disclosure of your personal information. This Privacy Policy applies to PAS’s and its associated or related affiliates’, persons’, or entities’, websites, software, and any mobile applications (each, an “App”) (collectively, the “Service”), unless otherwise indicated. Where PAS processes personal information on behalf of a business customer (a “Customer”) under a Master Service Agreement (“MSA”), PAS does so as the Customer’s service provider/processor in accordance with the MSA (and any applicable Business Associate Agreement governing Protected Health Information), and the MSA governs such processing to the extent of any conflict with this Privacy Policy.

1. Consent

By accessing and using the Service, which is use in any way of PAS’s products, software, or Apps, you expressly consent to the collection, use, processing, disclosure and retention of your information (including personal information and sensitive personal information) that you and other parties provide to us as a result of such use in accordance with this Policy, the applicable MSA, the Terms of Use, and other PAS Policies, as you consented to, and as permitted or required by applicable law. You may withdraw your consent at any time by contacting us at [email protected] or, if you disagree with the Terms of Use, this Privacy Policy, or other PAS Policies, you should immediately discontinue your access to or use of the Service.

Please note that the Service may be hosted in countries other than yours. By accessing the Service, you expressly consent to the transfer of your information outside of your home country, which may provide for different data protection laws than in your country.

2. Categories of Personal Information Collected and Processed

To provide you with all of the requested Service, we collect and process the following categories of personal information:

1. Identifiers, such as your first and last name, postal address, email address, telephone number, date of birth, gender identity, age, or advertising identifiers, which may be provided by the operating system of your device.
2. Messages, Comments, and other User-Generated Content that you choose to provide to us voluntarily, including comments, messages, and other content you post to the Service.
3. Internet or Other Electronic Network Activity and Other Information that are automatically obtained from the devices and/or browsers that you use to access our Services, such as information about how you use the Services, browsing history, and information about your device (i.e. the type of device, operating system, IP address, and device identifiers, such as universally unique identifiers (UUID), which are small data files or similar data structures stored on and/or associated with your mobile device that uniquely identify your mobile device).
4. Geolocation data obtained and derived from your mobile device when you access the Service by or through such mobile device.
5. Inferences, which may be drawn from any of the categories of personal information described above to create profile(s) reflecting your preferences, characteristics, predispositions, interests, and behavior.

We strive to minimize collection, use, processing and disclosure of your personal information to the extent that is reasonably necessary and proportionate to providing you with the Service you requested and/or as otherwise permitted and/or required by applicable laws.

3. Out of Scope

This Privacy Policy does not apply to the following types of information:

1. Aggregated, pseudonymized, and/or de-identified data, derived from information described above and that we do not attempt to reidentify or link back to you, may be used for research, evaluation, and/or other analytical purposes by us or third parties.

4. Sources of Personal Information

In addition to collecting information directly from you, we may also receive the above-noted categories of personal information from other sources, including affiliates, other users of the Services, third party social networking services, advertising partners, internet service providers, data analytics providers, operating system providers, publicly available sources, and other entities as required by and in compliance with applicable privacy laws.

5. Sensitive Personal Information

Subject to your place of residency, we may collect personal information that is deemed to be sensitive personal information under applicable privacy laws. We may collect the following sensitive personal information for the purposes listed below:

1. Precise Geolocation Information of Your Device, and geolocation contained within photographs and related metadata, consistent with your device’s permission settings, to provide the Service’s core functionality, including capturing, organizing, and verifying location-stamped photographs and documentation for billing and audit purposes.

6. Legal Basis and Purposes for Processing Your Information

We may use the personal information we collect for the following business purposes:

1. Provide you with access and use of the Services you requested, including processing or fulfilling orders and transactions, verifying customer information, and processing payments;
2. Provide customer support, facilitate communication to respond to user requests and concerns;
3. Analyze and improve the Services for operational effectiveness and viability of current and prospective services, including to measure traffic and usage trends, and provide and analyze online surveys;
4. Develop, train, test, tune, and improve PAS’s products and services and PAS’s machine-learning and artificial-intelligence models, in accordance with, and subject to the safeguards set forth in, the applicable MSA (including de-identification of Customer Content before any such use);
5. Ensure security and integrity of the Services, including troubleshooting, debugging to identify and repair errors that impair existing functionality;
6. Comply with applicable laws and regulatory obligations, including risk mitigation; and
7. Any other purposes disclosed to you at the time we collect your information with your consent.

7. Disclosures of Personal Information

We may disclose the personal information we collect to the following parties, who may be located outside the jurisdiction in which you reside, for business purposes, including but not limited to:

1. Affiliates, Related Entities and Persons, Subsidiaries, and Other Business Partners: management and analytics, providing you with the Services, website and data hosting, customer service, providing your account, security and performance monitoring, and related activities.   
2. Service Providers & Contractors: providing you with the products and services, payment processing, website and data hosting, customer service, analytics services, security and performance monitoring, maintaining and servicing accounts, fulfilling orders and transactions, verifying customer information, and auditing.
3. Cached or Archived Content: If you remove information or content that you posted to the Service, copies may remain in cached and archived pages of the Service unless otherwise requested in writing except if not allowable by law.
4. Third Parties in Compliance with Applicable Law: To respond to subpoenas, warrants, or court orders, legal process, government and law enforcement requests; to fulfill regulatory or administrative authorities’ requirements; to establish, protect and/or exercise our rights to defend against legal claims; to investigate, prevent and take action against suspected illegal activities and suspected fraud; to protect the rights, reputation, safety and security of our Services, employees, users of our Services, and/or the public; and to prevent, investigate and take action against any violation of the Terms of Use, our Policies or agreements, or as otherwise required by law.
5. Other Corporate Entities: in the event of a corporate transaction like business merger, consolidation, acquisition, sale of assets, joint venture, or in the unlikely event of bankruptcy.

Subject to your consent, we may disclose your personal information for purposes not identified above.

Parties acting on our behalf are authorized to collect, use, disclose, and/or store personal information only to the extent described in this Privacy Policy, subject to applicable laws.

8. Cookies and Similar Technologies Policy

1. Cookies: A “Cookie” is a small text file placed on a device when a user visits a website (including our Services). Cookies can be sessional or persistent and are not programs that download on a user’s system and damage files (such as viruses or worms) or send information to third parties about websites visited (such as, spyware). A persistent Cookie remains on your device after you close your browser. Persistent Cookies may be used by your browser on subsequent visits to the Service. Persistent Cookies can be removed by following your browser’s directions. A sessional Cookie is temporary and disappears after you close your browser. You can set your browser to refuse certain Cookies or to indicate when a Cookie is being sent. However, some features of the Service may not function properly if the ability to accept Cookies is limited or disabled.  We may send one or more cookies to your device that uniquely identifies your browser and enables us to recognize repeat visitors, facilitate a visitor’s ongoing access to and use of the website, track your usage of the Service over time and compile data that would permit content and speed of access improvements and targeted offers (e.g., the pages you view, the links you click and other actions you take on the Service), and enhance your navigation through the Service. Information (i.e., domain names and IP addresses) and data may be automatically collected through the standard operation of our internet servers at our discretion using cookies.
2. Log file information: Log file information is automatically reported by your browser each time you access a web page or other content within the Service. We may also receive log information relating to your device and your use of our Apps. When you use the Service, our servers automatically record certain log file information (“Server Logs”). These Server Logs may include anonymous information such as your web request, Internet Protocol (IP) address, operating system, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. The information contained in Server Logs is used to monitor, assess, manage, diagnose problems with, improve and otherwise administer the Service.
3. Managing the collection of your information for Analytics Purposes: Please refer to your device’s or browser’s technical information for instructions on how to delete and disable Cookies, and other tracking/recording tools.  Depending on the type of device you are using to access the Service, it may not be possible to delete or disable tracking mechanisms on the device. These opt-out mechanisms rely on cookies to remember your preferences, so if you delete your cookies, your opt-out preferences may be deleted and you would need to reset them. At the current time, it is not possible to opt out of analytics tracking tools within PAS’s Apps. Third parties may collect personally identifiable information about an individual user’s online activities over time and across different sites when a user uses the Service. We may use third-party companies to collect and analyze data when you access and use the Service. These companies may use information about your use of the Service and other websites and mobile applications in order to provide data analysis to us. These companies do not use personally identifiable information (such as your name, address, email address or telephone number) when providing their services. These companies may also use non-cookie technologies to recognize your computer, browser, or mobile device and/or to collect and record information about your browsing activity, including your activities on or off the Service and between multiple platforms.

By using our Services, you consent to the installation and use of Cookies and similar technologies by or on behalf of us as described above.

9. Retention

Your personal information will be retained for so long as reasonably necessary and proportionate for the purposes outlined in this Privacy Policy based on criteria such as duration required to provide services to you, including for backup, archival, fraud prevention or detection, or audit purposes, or as otherwise required by law. We may use remote backup features that will send information from your device and/or browser to be stored on servers operated by or on behalf of PAS and its affiliates. Except to the extent specifically prohibited by applicable law, PAS has no responsibility for any data transmitted to and from your device and/or computer and PAS recommends that you make regular back-ups of all information and data on your device and/or computer.

10. Security

We care about the security of your personal information and take reasonable physical, technological and administrative measures in an attempt to protect and safeguard your personal information against loss, theft, and unauthorized access, use, disclosure or modification. However, we cannot ensure or warrant the security of any information you provide to us as no system is perfect, nor can we guarantee that unauthorized access or theft of data will not occur. User discretion is advised when submitting personal information to the Services.

For features on our websites that require a login, password, two-factor authentication (2FA), biometric identification, or other means to access or use the Services, you are responsible to protect against unauthorized access by safeguarding the confidentiality of how you access or use the Services.  We strongly encourage that you do not share this information with anyone. 

11. Links to External Websites

We may have links to external websites in our Services. By accessing an external website from our Services, you hereby release us from any and all liability for your use of such link and third-party website. We have no control over the content of external websites, and therefore are not responsible for the security, privacy policies, protocols or content that appears on these external websites. Your visit and use of such external websites is voluntary and may be subject to such third-party’s rules and policies, which you are encouraged to review. If you choose to interact with third party social networking service, we may receive information about you that you have made available to the third party social networking service. Also, the third party social networking service may receive information about you from us.

12. Sale

Sale is defined as selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or third party for monetary or other valuable consideration.

By the definition above, we do not sell personal information of our users.

PAS does not sell, rent, or share mobile opt-in information or telephone numbers collected for SMS/text-messaging purposes with third parties or lead generators for their own marketing purposes. Telephone numbers and SMS consent are used solely to send the transactional messages you have requested and to operate the Service, and are shared only with PAS’s messaging service providers as necessary to deliver those messages.

13. Consumers Under 18 Years of Age

Our Services are not intended for users under the age of 18 and we do not allow users under the age of 18 to use our Services in any way.     

14. Consumer Rights

Subject to your place of residence, you may be entitled to exercise certain rights with respect to your personal information, as described below:

1. State-Specific Privacy Notice: Residents of certain U.S. states (including California) may have additional rights and disclosures set out in our State Privacy Notice (CCPA/CPRA), which supplements this Privacy Policy and is available at state privacy notice. In the event of any conflict between this Privacy Policy and the State Privacy Notice with respect to those residents, the State Privacy Notice controls.

1. Right to Access and Confirm Processing: You may request access and confirm processing of your personal information once in a calendar year. You may have the right to know what personal information the business has collected about you, including the categories of personal information, the categories of sources from which it is collected, the business or commercial purposes for collecting, selling, or sharing it, and the categories of third parties to whom we disclose it.
2. Portability: Subject to exceptions, you may obtain a copy of your personal information we collected during the preceding twelve (12) months of your request, in a readily useable format where processing is done via automated means.
3. Deletion: Subject to certain exceptions, you may request deletion of your personal information in our control. Please note that exercise of this right may render the Service, or parts of the Service, inaccessible or otherwise not function properly.
4. Correct Inaccuracies in your Personal Information: You can also update or correct your account information and electronic message preferences at any time by logging in to your account and changing your profile settings.
5. Limit Use and Disclosure of Sensitive Personal Information (Where Applicable): Subject to exceptions, you may limit the use and disclosure of your sensitive personal information to purposes necessary to provide you with the Services you requested by contacting [email protected].
6. Designate Authorized Agent: You may be entitled, in accordance with applicable law, to submit a request through an authorized agent.
7. Object and Restrict Processing of Personal Data (GDPR Data Subjects Only): You may object to, or restrict the processing of, your personal data. Please note that exercise of this right may render the Service, or parts of the Service, inaccessible or otherwise not function properly.
8. International Transfers of Personal Data (GDPR Data Subjects Only): Information we collect may be transferred to, and maintained on, servers or databases located outside your jurisdiction, where the privacy laws may not be as protective as those in your location. Please be advised that we may process and store information in the United States and/or in the United Kingdom. We may also transfer information to third parties as described herein. If the General Data Protection Regulation (or the UK GDPR) applies to you, you have the following rights, subject to the conditions and exceptions in applicable law: (i) the right to be informed about how we use your personal data (as described in this Privacy Policy); (ii) the right of access to the personal data we hold about you; (iii) the right to rectification of inaccurate or incomplete personal data; (iv) the right to erasure (the right to be forgotten), unless we have an overriding legal basis to retain it; (v) the right to restrict processing in certain circumstances; (vi) the right to data portability; (vii) the right to object to processing, including processing for direct marketing; and (viii) rights in relation to automated decision-making and profiling. We process personal data on one or more lawful bases, including performance of a contract, our legitimate business interests, compliance with legal obligations, and, where required, your consent (which you may withdraw at any time). We generally respond to rights requests within one month and may request information to verify your identity. You have the right to lodge a complaint with your local supervisory authority; in the United Kingdom, this is the Information Commissioner’s Office (www.ico.org.uk), though we ask that you contact us first. Where we transfer personal data outside your jurisdiction, we rely on appropriate safeguards recognized under applicable law (such as the European Commission’s Standard Contractual Clauses and the UK International Data Transfer Addendum); a copy of the relevant safeguards may be requested at [email protected]. To exercise any of these rights, contact [email protected].

15. Changes to this Privacy Policy

We reserve the right to amend this Privacy Policy at any time. We advise you to periodically review this policy for any updates, which will be accompanied by a new “effective date” indicated above.

16. Contacting PAS

To submit a request to exercise your rights, designate an authorized agent to exercise your rights on your behalf, and/or for any questions, you may contact us by emailing our Privacy Compliance Officer at [email protected].   

For user account related inquiries, please contact our customer support team by email at [email protected].

We will process your request upon receipt after verifying your identity. You also may be entitled, in accordance with applicable law, to appeal our refusal to take action on your request by contacting our Privacy Compliance Officer.

For GDPR data subjects, should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you may contact your local supervisory authority.