PRIVACY POLICY

We at EARCHPHOTO (“Earchphoto", "earchphoto.com", "Earchphoto Sports", "Earchphoto Stock", "earchphotosports.com", "earchphotostock.com", "BecauseGoalkeepers", "becausegoalkeepers.com", “we,” “us,” or “our”) value your privacy, and we are aware that you wish to retain control on how the information you provide to us is used and shared.

This Privacy Policy applies to our information collection and use practices, which are used:

- online when you visit any of our websites, including but not limited to: earchphoto.com, earchphotosports.com, becausegoalkeepers.com

- offline when you provide information to us in person, on the phone, via text message, video call, or any other means of communication.

This privacy policy was created to share with you how your Personally identifiable information (often called PII) is being used on our website. Personally identifiable information, as described by US privacy law, is information that can be used (independently or in a collection) to identify, contact, or locate an individual person, or to identify an individual in context.

Please make sure that you read our privacy policy very carefully, in order to understand how we collect, manage, use, protect or otherwise handle your Personally Identifiable Information.

Because part of our photo galleries and website pages are hosted on Zenfolio, and some of our pages are hosted by Network Solutions, we also recommend that you read Zenfolio and Network Solutions privacy policy.

1. What kind of personal information do we collect from the people that visit our website, view photographs and video, read articles on our blog, or visit any pages on this website?

When you view photographs or order products, or register your email or open a new client account on our website, you may be asked to enter your name, email address, phone number, and/or other details that are needed to assist you with your customer experience.

2. When is your information collected?

We collect information from you when you register to view photographs and/or video on our website, and/or when you open a client account and/or order products or fill out inquiry forms on our website.

3. How is your information used?

We may use the information we collect from you when you view photographs or galleries, register, open a new client account, fill a contact or inquiry form, read articles on our blog, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, and surf the website.

The information may also be used to customize certain website features, for example:

-to allow you to access and view private client photo galleries which are protected by passwords and other access control systems

-to ensure that all visitors accessing our website comply with all propriate Copyright and Trademark laws

-to protect our photographers/videograpgers/copywriters/graphic designers intellectual property

-to personalize user’s experience and to allow us to deliver the type of content and product offers which most interest you.

-to allow us to better service you in responding to your customer service requests.

-to quickly redirect your cart and orders to third party payent processing systems to process your transactions.

-to send periodic emails regarding your orders, or regarding other products and services.

-to send you a reminder when the photographs or photo galleries you viewed or bookmarked are about to expire.

-to send you a reminder if your shopping cart content is about to expire.

4. How do we protect visitor information?

Our website is reviewed periodically and assessed for vulnerabilities, in order to make your visit to our site as safe as possible.

Because we use 3rd party Billing companies such as Stripe, PayPal, SquareUp, and other - which are off of our website - our website does not need a SSL certificate.

We highly recommend that you review the Privacy Policy of the 3rd party websites which do our payment processing: Stripe, SquareUp, and PayPal. 

We also recommend that you review the generic privacy policy set forth by Network Solutions and Zenfolio, because many of our pages and galleries are hosted on their servers.

6. Does our website use cookies and how are those managed?

Yes, our website uses cookies. Many of our galleries and pages are hosted by Zenfolio and Network Solutions, and both sites use cookies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

Our website may use cookies to:

-understand and save user’s preferences for future visits.

-compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future.

-use trusted third party services that track this information on our behalf.

 You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can choose to disable cookies in your browser. If you disable cookies off, some features will be disabled, it may turn off some of the features that make your site experience more efficient, and some of our services may not function properly.

7. Third Party Disclosure

We do not share, sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include our website hosting partners (Network Solutions and Zenfolio) and other parties who assist us in operating our website, conducting our business, servicing you, or processing our payments (Stripe, PayPal, SquareUp), so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, aggregated non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

8. Third party links

At this time, we do not include or offer third party products or services on our website. We may include external links for informational use within articles on our blog, or within pages of our website. Those links are provided for informational use only and are not intended to act as endorsement, recommendation, or advice of any kind.

9. California Online Privacy Protection Act

We have posted this privacy policy in compliance with CalOPPA.

CalOPPA requires all commercial websites and online services to post a privacy policy. The law applies to any person or company in the United States and the world that operates websites collecting personally identifiable information from California consumers and requires them to post a privacy policy on their website stating exactly the information being collected and those entities or individuals with whom it is being shared.

In compliance with CalOPPA, we agree to the following statements:

-users can visit our website anonymously

-a link to this privacy policy is on our home page, on the footer, and on other pages of our website.

-our Privacy Policy link includes the word ‘Privacy’, and can be easily identified.

-users will be notified of any privacy policy changes on our Privacy Policy Page.

-users will be able to change their personal information by logging into their client account.

-our website honors do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

-our website does not allow third party behavioral tracking.

 

10. COPPA (Children Online Privacy Protection Act)

The Children’s Online Privacy Protection Act (COPPA) puts parents in control of how their children use the internet. The Federal Trade Commission enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

In compliance with COPPA, we do not market to children under 13, and do not knowingly collect any information from children under 13. We recommend that parents be active in monitoring their children's usage of the internet. If you are a parent or guardian and believe that your child may have registered to view photographs on our website, or may have provided their information to sign up for newsletters, products, classes, or view any pages - please contact us and we will delete your child's information immediately.

11. Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

-we will notify the users via email within 7 business days

-we will notify the users via in site notification within 7 business days

-we also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

12. CAN SPAM Act

The CAN-SPAM Act gives recipients the right to unsubscribe from commercial and marketing emails and stop such messages from being sent to them.

When you visit photo galleries, view photographs or video, fill forms or submit inquiries, or order products and services on our website, we collect your name and email address in order to:

-allow you to view images and video from our photoshoots

-send you information, respond to inquiries, and/or other requests or questions.

-process orders and send information and updates pertaining to orders

-send you additional information related to your product and/or service

-market to our mailing list or continue to send emails to our clients after the original transaction has occurred

-alert you when the photo galleries you viewed are about to expire

In compliance with the CAN-SPAM we agree to the following:

-NOT use false, or misleading subjects or email addresses

-identify the message as a marketing, promotional, or advertisement message in some reasonable way

-include the mailing address of our business location

-monitor third party email marketing services for compliance, if such services are used

-honor opt-out/unsubscribe requests within 48 hours

-allow users to unsubscribe by using the link at the bottom of each email

-allow users to unsubscribe by simply contacting us if that is their preference

If at any time you would like to unsubscribe from receiving future emails, you can either:

-follow the instructions at the bottom of each email

-email us at [email protected] from the address you wish to unsubscribe, and write UNSUBSCRIBE in the subject line.

In compliance with the GDPR, if you are a resident of the European Union, please be aware that we will collect your name, e-mail address, and information about the photo galleries you view and which photographs you download. We will use these information to do business with you and license images to you. Also be aware that part of this website is hosted on Zenfolio, and Zenfolio handles items like payments and orders for us. For that reason, we recommend that you review the GDPR policy of Zenfolio as well, to familiarize yourself with the information they collect. 

13. Important Notice to Non-U.S. Residents

It is important to note that the Websites and their servers are operated in the United States. If you are located outside of the United States, please be aware that any Information you provide to us will be transferred to the United States. By using the Websites and by providing us Information when using our services, you hereby irrevocably consent to this transfer and our use of the Information and data provided by you in accordance with this Privacy Policy.

14. Questions?

If there are any questions regarding this privacy policy you may contact our primary office by using the information below.

EARCHPHOTO

2323 CLEAR LAKE CITY BLVD.

SUITE 180-280

HOUSTON, TX 77062

[email protected]

425-298-7221