Privacy Policy

In this Policy the following terms shall have the following meanings:

• "Account" means an account required to access and/or use certain areas and features of our Site.
• "Cookie" means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and/or when you use certain features of our Site.
• “Pixel Tag” also known as “web beacons,” which are small graphic files that allow us to monitor the use of the Website. A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server.

• Our Site is owned and operated by Bay Photo Inc
• Registered address: 920 Disc Drive, Scotts Valley, CA 95066 USA

This Privacy Policy applies only to your use of our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

Under the GDPR, you have the following rights, which we will always work to uphold:

• The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact Us to find out more or to ask any questions using the details in Part 15.
• The right to access the personal data we hold about you. Part 13 will tell you how to do this.
• The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
• The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 15 to find out more.
• The right to restrict (i.e. prevent) the processing of your personal data.
• The right to object to us using your personal data for a particular purpose or purposes.
• The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
• Rights relating to automated decision-making and profiling. We do not use your personal data in this way. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

WHAT

We may collect some or all of the following personal data (this may vary according to your relationship with us):

• Name;
• Address;
• Email address;
• Telephone number;
• Business name;
• Zip code;
• Payment information;
• IP address;
• Web browser type and version;
• Operating system;
• A list of URLs starting with a referring site, your activity on our site, and the site you exit to;
• Information about your preferences and interests;
• Company name, job title, business email address and department;
• Account information, for example: username and password;
• User Content, for example, content you submit when you contact customer service or otherwise contact Bay Photo. This may include recordings you create, including audio recordings or voicemail you submit in connection with customer service;
• Communications Data, for example, during our communications with you, we collect the content of these communications as well as metadata about the communications, i.e., date and time of the call or text (SMS or MMS) message and phone numbers;
• Commercial information, for example, records of products or services purchase and purchasing or consuming histories;
• Internet or network information, such as your browsing history, log and analytics data, information about the device(s) used to access the services and information regarding your interaction with our websites or services and other usage data;
• Geolocation data, such as information about your location (at country and city level only) collected from your IP address;
• Sensory Information, the content, audio and video recordings of conference calls between you and us that we record where permitted by you and/or the law;
• Inferences, for example, Bay Photo might infer based on your purchase history that you would be interested in other products or services;
• Other personal information, such as personal information you provide to us in relation to a survey, comment, question, request, article download or inquiry and any other information you upload to our application.

WHEN

Information You Choose to Provide to Us, We may ask you to provide personal information when:

• You use the website to download articles, data sheets or eBooks
• You request a free trial or demo.
• You refer a friend to us.
• You connect with us directly via phone calls or video conferencing platforms.
• We or your organization’s Client Account Administrators grant you access to the application.
• You or your organization’s Client Account Administrators upload or enter your personal information into the application.
• You participate in a marketing or sales promotion.
• You attend trade events and other industry networking events.
• You register or attend a webinar or other event.
• You participate in programs we may offer from time to time.
• You participate in chats.
• You pay for our services.
• If you choose to provide us with a third-party’s personal information (the person’s name, email and company) when taking part in our referral program, you represent that you have the third-party’s permission to do so.

Information We Collect Automatically

• We collect information about your visits to the website and the application when you land on any of our web pages through cookies and similar tracking technology.
• When you visit our Website, we send one or more “cookies” to your computer or other device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that website to recognize your browser. Cookies may store unique identifiers, user preferences, and other information. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. We use cookies to improve the quality of the Website and services, including to store user preferences, to track user trends, and to provide relevant advertising to you.

Tracking Across Time and Different Sites

• The Site tracks your online activities over time and across websites or online services on an individually identifiable basis. For example, we may serve you advertisements on other websites based on what appeared to interest you on our Site. We do allow third parties to use our Site to track your activities over time or across other websites.

Other Categories Of Sources From Which We Collect Your Personal Information

• Service providers, for example analytics providers, IT, and system administration services.
• Affiliated companies, for example, other companies in the Circle Graphics family of companies may share your personal information with us to help us provide you with products or services that meet your needs.
• Marketing/advertising companies, for example, from social media platforms, consumer research companies, and analytics or marketing/advertising companies.
• Recording technologies installed by the Company, for example, voicemail and other audio re-cording technologies with consent to the extent required by law.

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

• Providing and managing your Account.
• Providing and managing your access to our Site.
• Personalizing and tailoring your experience on our Site.
• Supplying our products and services to you. Your personal details are required in order for us to enter into a contract with you.
• Personalizing and tailoring our products and services for you.
• Communicating with you. This may include responding to emails, calls, and/or chat messages from you.
• Supplying you with information by email and post that you have opted-in to (you may unsubscribe or opt-out at any time by clicking the unsubscribe link at the bottom of our emails).
• Analyzing your use of our Site and gathering feedback to enable us to continually improve our Site and your user experience.

We may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone with information, news, and offers on our products and/or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

Third Parties whose content appears on our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.

We may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone with information, news, and offers on our products and/or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

Third Parties whose content appears on our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.

How We Disclose Personal Information

Our Applications and Services

If you are an end user of our applications, your personal information may be viewed by other users with access to the applications.

Disclosure to Unaffiliated Third Parties

We may disclose your information for a variety of reasons including, but not limited to, to prevent an emergency, to prevent harm to others, to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). In particular, if you have an account, we may disclose your information to a third party that alleges that you have infringed their intellectual property rights in any way. Similarly, if you allege that another user is infringing upon your intellectual property rights, we may disclose your information to that user.

Disclosure to Service Providers and Online Partners

We may contract with various service providers who help us provide, maintain, and improve the Website and the services. For example, we use a service provider to process payments made to us, and may subcontract out production, fulfillment, analytics, reporting or other operations. We also contract with several online partners to help manage, monitor and optimize our Website and services and to help us measure the effectiveness of our advertising, communications and how visitors use the Website.

Disclosure of Non-Personal Information

We may disclose your de-identified information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. Deidentified information means information subjected to reasonable measures to ensure that the deidentified information cannot be associated with the individual. We maintain de-identified information in a deidentified form and do not attempt to reidentify it, except that we may attempt to reidentify the information just to determine whether our deidentification processes function correctly.

Internet Advertising

We may use third party service providers to serve ads on our behalf across the Internet and sometimes on the Website. They may collect anonymous information about your visits to our Website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services.

Disclosure to Successors

If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Website to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

Your Consent

In addition to the disclosure described elsewhere in this Privacy Policy, we will disclose personal information with companies, organizations, or individuals outside of Bay photo when we have your consent to do so.

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

• We retain your account information until you tell us you want your account deleted; with the exception of information, we are required to keep in order to comply with our legal obligations.
• We may retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce our Terms of Service and take other actions permitted by law.
• The information we retain will be handled in accordance with this Privacy Policy.
Information connected to you that is no longer necessary and relevant to provide our services may be de-identified or aggregated with other non-personal data. This information may provide insights that are commercially valuable to Bay Photo, such as statistics of the use of the services.

We store your personal data at our server room in Scotts Valley, CA, USA. This is needed to process and ship your order and collect payment.

We are committed to protecting the security of all of the personal information we collect and use.

We use a variety of physical, administrative and technical safeguards designed to help protect it from unauthorized access, use and disclosure. We have implemented best-practice standards and controls in compliance with internationally recognized security frameworks. We use encryption technologies to protect data at rest and in transit. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to close your browser after you have completed your visit to the Site.

Please note that despite our reasonable efforts, no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your personal data.

Your personal data is only shared when necessary to complete your order transactions and to gather certain interest, demographics, and audience data to support Bay Photo’s marketing efforts. All information is shared in a secure manner and is never sold or traded with other parties.

In addition to your rights under the GDPR, set out in Part 5, when you submit personal data via our Site, you may be given options to restrict our use of your personal data. In particular, We aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails).

You may access certain areas of our Site without providing any personal data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.

You may restrict our use of Cookies. For more information, see Part 14 for our Cookie Policy.

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.

Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our Site and to provide and improve our products and services. By using our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on our Site for providing live chat, marketing and feedback submission. In addition, our Site uses analytics services provided by Google Analytics, which also use Cookies. Website analytics refers to a set of tools used to collect and analyze usage statistics, enabling us to better understand how people use our Site.

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Controller):

• Email address: privacy@bayphoto.com
• Telephone number: 1-800-435-6686
• Address: 920 Disc Drive, Scotts Valley, CA 95066 USA

We will change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on our Site, and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our Site following the alterations. We recommend that you check this page regularly to keep up to date.

We process data in Colorado, California, North Carolina and Missouri and EU and rely on legally provided mechanisms to lawfully transfer data across borders, such as contracts incorporating data protection and sharing obligations. We provide the capability for the return, transfer and/or disposal of personal data in a secure manner.

We will only collect and process your personal data where we have a lawful reason for its collection.

When you visit our website and provide us with your personal information, we collect and use it with your consent.

As an application end user, you consent to our collection of your personal information when you log in for the first time. However, your employer has control of the account and may upload and share additional personal information.

Your employer’s responsibility is to ensure that collecting, using and sharing the personal information uploaded to the application complies with all applicable legislation.

Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time.

If you have any questions about the lawful bases upon which we collect and use your personal data, please contact us at privacy@bayphoto.com or contact us by mail at 920 Disc Drive, Scotts Valley, CA 95066 USA, ATTN: Privacy Officer.

You may choose to receive or not receive marketing e-mail from us. Please click the “Unsubscribe” link, when available in the email we sent you to stop receiving marketing e-mail from us.

Even if you opt-out of receiving marketing e-mail, we may still communicate with you regarding security and privacy issues, servicing your account, fulfilling your requests, or administering any promotion or any program in which you may have elected to participate.

No Information from Children Under Age 13. If you are under the age of 13, please do not attempt to register with us at the Website or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we have collected personal information from a child under the age of 13, please email us at privacy@bayphoto.com or contact us by mail at 920 Disc Drive, Scotts Valley, CA 95066 USA, ATTN: Privacy Officer.

Prospective users between the ages of 13 and 17 can only use the Website and services under their parents or legal guardian’s supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we remove any of your information from our database and/or opt-out of receiving communications from us. If you wish to do so, please contact us by email at privacy@bayphoto.com or contact us by mail at 920 Disc Drive, Scotts Valley, CA 95066 USA, ATTN: Privacy Officer.


We collect the personal information identified in Section 2.1 for the purposes identified in Section 3.0 and retains it for the period described in Section 6.0. We do not sell your personal information. We also do not collect or process sensitive personal information for the purpose of inferring characteristics about you.

The CPRA requires that we provide you with the following information about disclosures of your personal information to third parties for "business purposes" as that term is defined in the CPRA during the twelve months preceding the last updated date of this Privacy Policy:

Service Providers

We disclosed your identifiers, commercial information, and internet or other electronic network activity described above to our service providers, including payment processing providers, customer relationship management platform providers, consultants, helpdesk service providers, and website analytics companies for the business purpose of performing services on our behalf.

Affiliated Companies

We have disclosed your identifiers, commercial information, and internet or other electronic network activity described above to other companies within the Circle Graphic family of companies for the business purposes of (a) auditing compliance with policies and applicable laws, (b) helping to ensure security and integrity, (c) debugging, (d) short-term transient use, (e) internal research, and (f) activities to maintain or improve the quality of a service.

We have no actual knowledge that we sell or share the personal information of consumers who are under 16 years of age.

Sales and Sharing:

As is common practice among businesses operating online, we may allow third parties to receive information about you via cookies for purposes of analyzing and optimizing our services, supporting live chat, to personalize your online experience by providing adver-tisements that are more relevant to you, and for statistical research and analytics. We do not "sell" your Personal Information as most people would understand that term, mean-ing that we do not disclose your Personal Information to any third party in exchange for a monetary payment. However, as is common practice among businesses operating online, we may allow third parties to receive information about you via cookies for purposes of analyzing and optimizing our services, to personalize your online experience by providing advertisements that are more relevant to you, and for statistical research and analytics. These activities may be defined as a "sale" of Personal Information, or as a disclosure of Personal Information to third parties for cross-context behavioral advertising ("sharing"), under the CPRA.

In the last 12 months, we have disclosed Identifiers, including without limitation name, physical address, e-mail address; Geolocation, and Internet or Other Electronic Network Activity Information, to analytics providers and advertising platforms, and such disclosure may be considered a "sale" or "sharing" of personal information. We disclosed this information in order to enable marketing to you and to deliver targeted advertising on the Site and in other interactions that you have with Bay Photo while online.

We have no actual knowledge that we have sold or "shared" the personal information of children under 16, in the last 12 months and we have no intention to do so.

Sales of Personal Information:

Company discloses personal information to third parties for analytical, marketing, and advertising services, which may constitute sales of personal information, as follows:

Sharing of Personal Information:

Company "shares" personal information with third parties as follows in order to provide you with information about products and services that may be of interest to you:

As a California resident, you may be able to exercise the following rights under the CPRA in relation to your personal information that we have collected (subject to certain limitations and exceptions at law):

• Right to Know: The right to submit a verifiable request to know any or all of the following information relating to your personal information:
  • The specific pieces of personal information we have collected about you
  • The categories of personal information we have collected about you
  • The categories of sources of the personal information
  • The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed
  • The business or commercial purposes for collecting, selling or sharing the personal information.
• Right to Delete: The right to submit a verifiable request for the deletion of personal information we have collected from you, subject to certain exceptions.

In addition to the rights mentioned above, the CPRA grants California residents with the following additional rights:

• Right to Correct: The right to request for correction of inaccurate personal information, considering the nature of the personal information and purposes of the processing of the information.
• Right to Opt-out of Sale and Sharing: You have the right to opt out of the sale of your personal information and the disclosure of your personal information to third parties for cross-context behavioral advertising.

Please note that if exercising these rights limits our ability to process personal information (such as a deletion request), we may no longer be able to provide you with our products and services or engage with you in the same manner.

• You also have the right to be free of discrimination for exercising these rights.

To opt out of the sale or sharing of your personal information, you may modify your cookies settings or contact us at privacy@bayphoto.com.

To exercise any of your right mentioned above, please submit a request by contacting us at privacy@bayphoto.com or contact us by mail at 920 Disc Drive,Scotts Valley, CA 95066 USA, ATTN: Privacy Officer, we will need to verify your identity before processing your request.

We will need to verify your identity before processing your request.

In order to verify your identity, we will generally require sufficient information from you so that we can match it to the information we maintain about you in our systems. Depending on the risk entailed by the request (i.e., a request for specific pieces of personal information), we may need additional personal information from you to be able to identify you. We will notify you.

We may decline a request to exercise the right to know, correct, or delete if we cannot verify your identity to a sufficient level of certainty or locate your information in our systems, or as permitted by law.

We endeavor to respond to a privacy rights request within the required timeframes. If we need more time, we will inform you of the reason and extension period in writing. If you submit your privacy rights request electronically, we will deliver our written response to the verified email associated with the request. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

You may choose to designate an authorized agent to make a request on your behalf. The authorized agent must submit with the request a document signed by you that authorizes the authorized agent to submit the request on your behalf. Unless you have provided a power of attorney under the California Probate Code, we may ask you or your authorized agent to follow the applicable process described above for verifying your identity.

Right to Appeal - California

If we do not take action on your Privacy Rights Request within the 45 days response period, or in the event of an extension, within the maximum 90-day response period, we will inform you in writing of the reasons for not taking action, as well as provide an explanation of any rights you have to appeal the decision.