Privacy Policy

PRIVACY & COOKIES POLICY

Thank you for visiting our website. We at ROCKY MOUNTAIN PHOTOGRAPHY (referred to as “we”, “us”, and “Company” in this policy), respect your concerns about privacy. This privacy policy (“Privacy Policy”) has been developed to better serve those users who are concerned with how their “Personal Data” is being used online by us and explains our practices for information collected via the website, how such information is used, the circumstances under which we disclose such information to third parties and the choices you can make about the way we use and share such information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices. ROCKY MOUNTAIN PHOTOGRAPHY is the data controller of the personal data collected, and is responsible for the processing of your personal data.

For Colorado Users: As per Colorado Privacy Act (“CPA”) – Definitions:

“Consent” means a clear, affirmative act signifying a consumer’s freely given, specific, informed, and unambiguous agreement, such as by a written statement, including by electronic means, or other clear, affirmative action by which the consumer signifies agreement to the processing of personal data.

“Controller” means a person that, alone or jointly with others, determines the purposes for and means of processing personal data.

“Personal Data” means information that is linked or reasonably linkable to an identified or identifiable individual; and does not include de-identified data or publicly available
information. as used in Colorado Privacy Act sub-section (17)(b), “publicly available information” means information that is lawfully made available from federal, state, or local government records and information that a controller has a reasonable basis to believe the consumer has lawfully made available to the general public.

“Process” or “Processing” means the collection, use, sale, storage, disclosure, analysis, deletion, or modification of personal data and includes the actions of a controller directing a processor to process personal data.

“Processor” means a person that processes personal data on behalf of a controller.

“Profiling” means any form of automated processing of personal data to evaluate, analyze, or predict personal aspects concerning an identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

“Targeted advertising” means displaying to a consumer an advertisement that is selected based on personal data obtained or inferred over time from the consumer’s activities across nonaffiliated websites, applications, or online services to predict consumer preferences or interests; and does not include: (i) advertising to a consumer in response to the consumer’s request for information or feedback; (ii) advertisements based on activities within a controller’s own websites or online applications; (iii) advertisements based on the context of a consumer’s current search query, visit to a website, or online application; or processing personal data solely for measuring or reporting advertising performance, reach, or frequency.

We will process your personal information at all times in accordance with applicable privacy and data protection laws i.e. Colorado Privacy Act. The purpose of this Privacy Policy is to provide transparency around how we collect information on this website. Please take the time to read and understand this Privacy Policy so you can understand how we use your personal data.

PLEASE READ THIS POLICY CAREFULLY BEFORE SUBMITTING YOUR PERSONAL DATA THROUGH OUR WEBSITE OR ACCESSING, BROWSING OR OTHERWISE TRANSACTING OR USING OUR WEBSITE. IF YOU SUBMIT YOUR PERSONAL DATA ON OUR WEBSITE, YOUR INFORMATION WILL BE PROCESSED AS PER TERMS OF THIS POLICY.

1. OUR COMMITMENT
We are committed to protecting your personal information, and ensuring its privacy, accuracy and security. We handle your personal information in a responsible manner in accordance with the Colorado Privacy Act and Federal Privacy laws. By visiting our website, transacting on our website or giving us your personal information through our website or other electronic modes, you agree that your information being collected, stored, used and disclosed as set out in this Policy.
2. CHILDREN’S PRIVACY
This website is not intended for use by children under the age of 13 (or under the age of 16 in some jurisdictions). By using our website, users represent that they are legal adults or have obtained the necessary permission from their parent or guardian to provide any personal information. If you have concerns about this website or its services, or if you believe that your child has gained access to our website without your permission, you may contact us at: rockymountainphotographyteam@gmail.com. If we become aware that we have unintentionally collected personal information from a child without proper consent, we will take immediate steps to delete such information from our records.

3. WHOSE PERSONAL AND OTHER INFORMATION DO WE COLLECT?
We may collect User’s personal and other information from a range of sources, including from the User itself. Wherever reasonable and practicable, we collect personal information from the individual to whom the information relates.
4. INFORMATION WE COLLECT ON THIS WEBSITE
When you visit our website, you may be asked to enter your personal details including real name, phone number, email address, property address, homeowner’s name, cell phone, email address and credit card/debit card details (through our payment processing partners) for business billing or other purpose. We collect information about you if you make use of any of the interactive features within our website that rely on a personalized response, or where you ask us to respond to a query you have. The information we collect is limited to the details we need to provide the specific service you have asked for. The types of information we collect includes:

• Real Name, Contact Number, E-mail and Address;
• Homeowner’s Name, Contact Number, E-mail and Property Address;
• Credit Card/Debit Card information for billing; and Other personal information in content you provide to us, such as through emails you send us.

A. Information that you voluntarily provide to us: You can visit our website without sharing your name and contact information. In certain places on this website, you may be asked to provide your name, contact information and/or email address to use our website features or to book your session. It is your option to provide the information requested. However, if you do not provide details that are essential, it would be impossible to use all of the features and functions of the website and/or to benefit from our services. We collect the following information when you use our services, including:

• User Personal Data: This includes Real Name, Contact Number, E-mail and Address, Homeowner’s Name, Contact Number, E-mail and Property Address
• User Content: This includes posts, comments, messages and other communications including text, links, images, and gifs.
• User Transactions: This includes credit card/debit card details (through our payment processing partners) for business billing or other purpose.

B. Information collected automatically: When you visit our website, our information technology systems automatically collect information about the equipment you are using and Page 4 of 12 about your use of our website and services. Examples of the information we collect and analyze include the Internet Protocol (IP) address (with location) used to connect your mobile/computer to the Internet, the email address which you use to communicate with us, and your mobile/computer and connection information (for example, browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform). We may also use browser data such as cookies for fraud prevention and other purposes. We may use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (for example scrolling, clicks, and mouse-over), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and for dealing with diagnostic purposes relating to our website. We also use Google Analytics to help us understand how our customers use the Site.

Use of Google Analytics: This website uses Google Analytics (including User tracking, as part of the Google Analytics Services), a web analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses cookies, which are text files placed on your computer/phone to enable website use to be analyzed. The information generated by the cookie concerning your use of this website (including your IP address) is sent to a Google server in the USA where it is saved. Google will use this information to analyze your use of the website, to compile reports on website activities for the website operators and to provide services associated with the use of the website and the internet. Google may also send this information to third parties where this is required by law or insofar as third parties process the data on behalf of Google. Google will under no circumstances link your IP address to other data from Google. Although you can adjust your browser software to prevent installation of the cookies, we would point out that if you do so, you might not be able to make full use of all the functions offered by this website. By using this website, you agree to the data about you collected by Google being processed as described above and for the above-mentioned purpose. — You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

C. Other information we might receive: We may also receive personal information about you from third parties including from our service providers and/or partners.

D. Consent: The Company obtains the explicit consent of users before collecting their personal data. By voluntarily providing personal information through quote forms, contact us forms, or any other information submission forms available on our website, individuals expressly consent to the collection, use, and processing of their personal data in accordance with this privacy policy. Users have the right to withdraw their consent at any time by contacting us. However, please note that the withdrawal of consent may impact the Company’s ability to provide certain services or fulfill specific requests.

5. HOW WE USE THIS INFORMATION
We may use the information described above to:

1. Send you quotes, promotional materials, newsletters and other communications;
2. Providing customer service, processing or fulfilling transactions, verifying your identity, and processing payments;
3. Serve you relevant offers and ads;
4. Respond to your inquiries;
5. Perform data analyses (including market and consumer research, economic impact analyses, demographic analyses and aggregation of personal information);
6. Operate, evaluate and improve our business;
   Implement Facebook pixels or other tracking technologies on our website;
7. Protect against, identify and prevent fraud, copyright infringement, unauthorized use and distribution of protected content and other criminal activity; and
8. Comply with and enforce applicable legal/federal requirements, relevant industry standards and our policies, including our
9. Terms & Conditions.
   We also may use the information in other ways for which we provide specific notice at the time of collection.

Earth Virtual
The Company may utilize the collected personal information to populate a digital profile for the user on a directory known as ‘Earth Virtual,’ which serves as a digital marketplace designed to promote professionals and businesses within the industry.”

6. YOUR COLORADO PRIVACY RIGHTS
Colorado Privacy Act entitles Colorado customers to opt out of targeted advertising, sale of personal data and profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. As stated in this Privacy Policy, we are not engaged in such profiling, sale of personal data activity and targeted advertising as defined by Colorado Privacy Act, so there is no need to opt out.

Users / Your Rights under Colorado Privacy Act (CPA)
Users may exercise the following rights by submitting a request using the methods specified by the Company in the privacy notice required under section 6-1-1308 (1) (a). The method must take into account the ways in which users normally interact with the company, the need for secure and reliable communication relating to the request, and the ability of the company to authenticate the identity of the user making the request. Company shall not require a consumer to create a new account in order to exercise consumer rights pursuant to this section but may require a consumer to use an existing account. A user may submit a request at any time specifying which of the following rights the user wishes to exercise:

1. Right to Opt-out: (i) a user has the right to opt out of the processing of personal data concerning the user for purposes of: (a) targeted advertising; (b) the sale of personal data; or (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning a user.
2. Right of Access: a user has the right to confirm whether company is processing personal data concerning the user and to access the user’s personal data.
3. Right to Correction: a user has the right to correct inaccuracies in the user’s personal data, taking into account the nature of the personal data and the purposes of the processing of the user’s personal data.
   Right to Deletion: a user has the right to delete personal data concerning the user.
4. Right to Data Portability: when exercising the right to access personal data, a user has the right to obtain the personal data in a portable and, to the extent technically feasible, readily usable format that allows the user to transmit the data to another entity without hindrance. A user may exercise this right no more than two times per calendar year. Nothing in this act requires a company to provide the data to the user in a manner that would disclose the company’s trade secrets.
5. Responding to User Requests: Company shall inform a user of any action taken on a request without undue delay and, in any event, within forty-five days after receipt of the request. The Company may extend the forty-five-day period by forty-five additional days where reasonably necessary, taking into account the complexity and number of the requests. The Company shall inform the user of an extension within forty-five days after receipt of the request, together with the reasons for the delay.

7. WHAT ARE COOKIES?
Cookies are small text files sent to your browser and stored by your browser on your computer or other device by the websites that you visit, or by certain emails that you open. Cookies allow our websites to “remember you” when you return and allow us to deliver relevant page to you on our websites. Cookies save data such as your IP address or MAC address, the city associated with your IP or MAC address, the date and time you visited our website, pages or posts you viewed, the URL of the website you viewed prior to visiting our website and the type of browser you use. The Company may also utilize cookies or tracking technologies from third-party service providers to facilitate targeted advertising and remarketing efforts.

8. WHAT ARE THE DIFFERENT TYPES OF COOKIES?
Our website uses the following types of cookies:

A. Strictly necessary cookies
These cookies are essential in order to enable you to move around the website and use its features. These are known as “First Party” cookies. Without these cookies, services like
enabling appropriate content based on your type of device cannot be provided.

B. Functionality cookies
These cookies allow our website to remember choices you make and provide enhanced, more personal features. The information these cookies collect may be removed and they cannot track your activity on the other website.

An HTTP Cookie cannot be used to get data from your hard drive, get your email address or steal sensitive information about your person. We believe cookies to be harmless, and will eventually be to everyone’s benefit (end users, as well as site builders) from the World Wide Web Consortium: “Cookies cannot be used to steal information about you or your computer system.” By using this website you consent to us deploying cookies as described above.

9. HOW WE USE COOKIES TECHNOLOGY
We use cookies and similar technologies to:

Support the functioning of our websites;
Enhance your experience on our websites by remembering your preferences (including recent searches);
Understand how our websites are functioning and inform improvements to our websites and services; and
Gather data that helps us to deliver information relevant to your interests.

10. HOW TO MANAGE COOKIES
You can manage cookies on your computer or device through your browser settings. Please refer to your browser’s “help” section for more information on how to delete saved cookies and allow or block cookies.

11. PAYMENT PROCESSING PARTNER AND LEGAL DISCLOSURE
We may share your information with third party service providers (like Stripe and/or Quick books – payment processing partners) for processing payments made by credit or debit card in connection with transaction with us. These third parties may include cloud storage providers, such as Dropbox, customer relationship management (CRM) systems, marketing platforms, subcontractors, and other relevant service providers. The sharing of personal information with these third parties is solely for the purpose of enabling efficient data storage, organization, customer relationship management, marketing campaigns, and other business-related activities. We may disclose your information to our business partners and if we have a good faith belief that the disclosure is required by law, is required in order to enforce the Terms and Conditions, or is necessary to detect, prevent or address fraud or security issues or to prevent harm to Company or others.

12. COMMUNICATIONS
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe instructions provided in any email we send.

14. SECURITY
Our Website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our website as safe as possible. We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive information you supply is encrypted via Secure Socket Layer (SSL)/TLS/HTTPS or higher technology. We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of their personal information.

15. LINKS TO OTHER WEBSITES AND APPS
Our Site may provide links to other websites and apps for your convenience and information. These websites and apps may operate independently from us. Linked sites and apps may have their own privacy notices or policies, which we strongly suggest you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.

16. DATA TRANSFERS
Sometimes, we transfer information to 3rd party contractors including persons in other State or country assisting us in operating our website. By giving us your personal information, you consent to such disclosures. Where we transfer information to persons in other State or Country, we believe that the recipients of such information are subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are similar in all material respects to international laws. We will protect that information as described in this Privacy Policy and will comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in other State or countries other than the one in which you provided the information.

17. COMPLAINTS
If you have a complaint in relation to the collection, storage, use or disclosure of your personal information, please contact us.

18. EMAIL NOTIFICATION
We may send promotional and non-promotional push notifications or alerts to your Email.

19. USE OF INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE
At this time, some or all of the data in the service is stored and processed in the State of Colorado, United State. Your use of the website represents your consent and agreement to these practices.

20. CHANGES TO THIS POLICY

21. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]
The Company reserves the right to modify or update this privacy policy from time to time to reflect changes in our business practices, legal requirements, or industry standards. We encourage individuals to review this privacy policy periodically to stay informed about how the Company collects, uses, and protect their personal information. When we make material changes to this privacy policy, we will provide notice by posting a prominent notice on our website or by sending a direct communication to our users. The updated privacy policy will be effective as of the date indicated in the revised policy. By continuing to use our services or access our website after the effective date of any changes, individuals acknowledge their acceptance of the updated privacy policy.

Data Controller: ROCKY MOUNTAIN PHOTOGRAPHY
2305 S. Syracuse Way, Suite 1 Denver, Colorado, 80231
Phone: + (833)-767-4686
Email: rockymountainphotographyteam@gmail.com

Data Processor: ROCKY MOUNTAIN PHOTOGRAPHY
2305 S. Syracuse Way, Suite 1 Denver, Colorado, 80231
Phone: + (833)-767-4686
Email: rockymountainphotographyteam@gmail.com

NOTICE FOR CALIFORNIA AND NEVADA USERS

If you live in California, you also have following additional rights:

1. As per California Online Privacy Protection Act (“CalOPPA”) “Personally Identifiable Information” refers to details collected on the Internet about an individual consumer, including an individual’s first and last name, a physical street address, an email address, a telephone number, a Social Security number, or any other information that permits a specific individual to be contacted physically or online. The term extends to details such as a person’s birthday, height, weight or hair color that are collected online and stored by an operator in personally identifiable form.
2. As per Cal. Civ. Code 1798.80(e) “Personal information” means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information,
   or health insurance information. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
3. California Privacy Rights: California Civil Code Section 1798.83 (Shine the Light law) entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for their direct marketing purposes in the past 12 months. As stated in this Privacy Policy, we will not sell your Personal Information to other companies, and we will not share it with other companies for them to use for their own marketing purposes without your consent.
4. Users / Your Rights under California Consumer Privacy Act (CCPA)
   1. Right to Know: You have the right to request that we disclose certain information to you about the personal data we collected, used, disclosed, and sold about you in the past 12 months.
   2. Right to Deletion: You have the right to request that we delete the personal data we collected from you and maintained, subject to certain exceptions as per California Civil Code Section 1798.83.
   3. Right to Opt-Out/In: You have the right to opt-out of the sale of your personal data. You also have the right to opt-in to the sale of personal data. However, we do not sell your personal data.
   4. Right to Non-Discrimination: Businesses cannot deny goods or services, charge you a different price, or provide a different level or quality of goods or services just because you exercised your rights under the CCPA.

NOTICE FOR NEVADA USERS

We do not sell your covered information, as defined under Chapter 603A of the Nevada Revised Statutes. If you still have questions about your covered information or anything else in our Privacy Policy, please contact us.