Privacy Policy for PhotosByFOV.com

Effective Date and Last Updated: 10.28.25

Felipe Ortiz, doing business as PhotosByFOV ("PhotosByFOV," "we," "us," or "our"), is passionately committed to the privacy of our customers and clients.

This Privacy Policy ("Privacy Policy") explains how PhotosByFOV collects, uses, and discloses information from and about you when you use the PhotosByFOV services, including the PhotosByFOV website at photosbyfov.com, mobile applications (if applicable), booking systems, contact forms, and any other online or offline services we provide (collectively, the "Services").

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, if the changes are significant, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the choices available to you.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you:

Create an account or register for our Services
Book an appointment
Fill out contact forms, inquiry forms, or questionnaire forms
Purchase products or services from us
Make payments for sessions, products, or services
Subscribe to our email newsletter or marketing communications
Participate in surveys, contests, or promotions
Communicate with us via email, phone, text message, or social media
Submit testimonials, reviews, or feedback
Provide information about session preferences, special requests, or specific needs
Grant us permission to use your photographs for marketing purposes
Interact with our Services in any other way

The types of information we may collect include your name, email address, postal address, phone number, payment information (credit card number, billing address, and related payment information), date of birth, gender, social media usernames, session preferences and details, emergency contact information, information about participants in your photography session (including names and ages of children), special requests or needs, and any other information you choose to provide.

Photography Session Information

When you book a photography session with PhotosByFOV, we collect information necessary to provide our photography services, including:

Session type and preferences
Preferred dates, times, and locations
Number and names of participants
Ages of participants (especially children)
Clothing preferences and color schemes
Special requests, themes, or styling preferences
Information about pets (if applicable)
Medical information or special needs that may affect the session (e.g., mobility limitations, allergies)
Any other information necessary to plan and execute your photography session

Payment Information

When you make a purchase or book a session, we collect payment information necessary to process your transaction. This may include credit card numbers, debit card numbers, billing addresses, and other financial information. We use third-party payment processors (such as Square, Stripe, PayPal, or other payment gateways) to process payments securely. These payment processors have their own privacy policies and terms of service, and we encourage you to review their policies.

Your Identification Preference

You have the option of telling us how you wish to be identified in connection with your photographs, testimonials, reviews, and elsewhere when using the Services. If you choose to use your real name (or include any identifying information), that information may be publicly displayed through the Services. Therefore, please use caution in determining how you wish to be identified when using the Services.

Information Collected Automatically

We use various technologies to collect information automatically when you access and use our Services, including:

Log Information

We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, the page you visited before navigating to our Services, your operating system, and referring/exit pages.

Device Information

We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, screen resolution, color and depth, device identifiers (such as UDID or IMEI), mobile network information, and mobile device manufacturers.

Location Information

With your consent, we may collect information about your location when you use our Services, particularly when booking sessions or when using location-based features of our mobile application. We may derive your approximate location from your IP address.

Cookies and Similar Technologies

We use various technologies to collect information, including cookies, web beacons, pixel tags, and similar technologies. Cookies are small data files stored on your hard drive or in device memory that help us to provide and improve our Services and your experience, see which areas and features of our Services are popular, count visits, and for our advertising and analytics purposes.

We use cookies to:

Keep you logged in to the Services
Remember your preferences and settings
Count the number of unique computers using the Services
Understand how you interact with our Services
Analyze usage patterns and improve our Services
Deliver relevant advertising
Conduct analytics

Web beacons (also known as "tracking pixels") are electronic images that may be used in our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.

You may be able to set your web browser to refuse certain types of cookies, or to alert you when certain types of cookies are being sent. Some browsers offer similar settings for HTML5 local storage, and Flash storage can be managed through Adobe's website. However, if you disable or refuse cookies, some features of the Services may not function properly.

For more information about cookies and how to manage them, please see the "Your Choices" section below and the "Advertising and Analytics Services Provided by Others" section below.

Information We Collect From Other Sources

We may also obtain information from other sources and combine that with information we collect through our Services. For example:

If you create or log into your account through a social media site (such as Facebook, Instagram, or Google), we will have access to certain information from that site, such as your name, account information, profile picture, and friends lists, in accordance with the authorization procedures determined by such social media site.
We may receive updated information about you, such as an updated billing address, from the financial institution issuing your credit card in connection with our billing for the Services.
When somebody purchases a gift certificate or books a session as a gift for you, we will receive your contact information and other relevant details from the purchaser.
If someone refers you to our Services or shares your email address with us through referral features or recommendation requests, we may receive your contact information.
We may obtain information from publicly available sources, such as social media platforms, to better understand our clients and improve our Services.
We may receive information from third-party marketing partners, analytics providers, or other service providers.

Use of Information

Photographer Personal Data

Our use of the following information, which we call "Photographer Personal Data," is limited by our agreements with our clients and by applicable law:

(i) Photographs and videos that we create during your photography session; and

(ii) Any labels, tags, comments, descriptions, or categorizations that relate to those photographs and videos.

While PhotosByFOV retains copyright ownership of all photographs we create (as described in our Terms of Service), we use Photographer Personal Data only in accordance with the permissions you grant us and the usage rights outlined in our Terms of Service and your service agreement.

Other Information

We use information other than Photographer Personal Data for the following purposes:

To Provide and Improve Our Services

To provide, maintain, and improve the Services
To process your bookings, appointments, and reservations
To communicate with you about your photography sessions, appointments, and orders
To send you session reminders, confirmations, and updates
To deliver photographs, prints, and other products you have ordered
To process payments and fulfill transactions
To analyze, personalize, and improve our Services
To understand how clients use our Services and identify areas for improvement
To develop new features, products, and services
To conduct research and analytics

To Communicate With You

To respond to your questions, concerns, comments, feedback, or customer service inquiries
To provide technical support and troubleshooting assistance
To send you booking confirmations, session reminders, and delivery notifications
To send you administrative information, such as changes to our terms, policies, or pricing
To communicate with you about your account or transactions
To request feedback, reviews, or testimonials about our Services

Marketing and Promotional Communications

To send you marketing and promotional communications about our Services, special offers, new products, and upcoming promotions (you may opt out of these communications at any time as described in the "Your Choices" section below)
To send you newsletters and updates about PhotosByFOV
To inform you about referral programs, contests, sweepstakes, or special events
To advertise and market our Services to you through various channels

Legal and Safety Purposes

To enforce our Terms of Service and other legal agreements
To comply with applicable laws, regulations, and legal processes
To respond to lawful requests from public authorities, including to meet national security or law enforcement requirements
To protect the rights, property, safety, and security of PhotosByFOV, our clients, or others
To detect, prevent, and address fraud, security issues, or technical problems
To investigate and prevent potentially prohibited or illegal activities
To establish, exercise, or defend legal claims

Business Operations

To facilitate contests, sweepstakes, surveys, and promotions
To manage our business operations and internal recordkeeping
To conduct accounting, auditing, and financial reporting
To maintain backup systems and business continuity
To train staff and improve service quality

With Your Consent or At Your Direction

For other purposes requested or permitted by you
For any other purpose disclosed to you at the time we collect the information or pursuant to your consent

We also may use personal information to create appropriately aggregated, de-identified, or anonymized data, which is not subject to this Privacy Policy, and which we may use or disclose for any purpose, including for research, analytics, marketing, and business purposes.

Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Policy:

Service Providers and Vendors

We share information with vendors, consultants, contractors, and other service providers who need access to such information to carry out work on our behalf or to provide services to us. These service providers may include:

Payment processors and financial institutions
Cloud storage and hosting providers
Email service providers and communication platforms
Scheduling and booking platforms
Printing laboratories and product fulfillment vendors
Shipping and delivery companies
Analytics providers and advertising partners
Customer relationship management (CRM) platforms
Accounting and bookkeeping services
Legal and professional advisors
IT service providers and technical support
Marketing and advertising agencies

We require these service providers to maintain the confidentiality and security of the information we share with them and to use such information only for the purposes for which it was disclosed.

With Your Consent or At Your Direction

We may share information about you with third parties when you consent to or request such sharing, including:

When you authorize us to share your photographs with specific individuals or on specific platforms
When you request that we share your information with third-party services or applications
When you participate in social sharing features or integrations
When you provide testimonials or reviews that you authorize us to publish
When you direct us to share information for any other purpose

Legal Requirements and Protection

We may disclose information about you:

In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation
In response to subpoenas, court orders, or other legal processes
To comply with lawful requests from public authorities, including to meet national security or law enforcement requirements
If we believe your actions are inconsistent with the spirit or language of our user agreements or policies
To protect the rights, property, safety, and security of PhotosByFOV, our clients, or others
To detect, prevent, or address fraud, security, or technical issues
To investigate potential violations of our Terms of Service
In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company
Between and among PhotosByFOV and any current or future parent, subsidiary, or affiliated company

Business Transfers

In connection with, or in anticipation of, any merger, divestiture, restructuring, reorganization, consolidation, dissolution, bankruptcy, sale of company assets, financing, or acquisition of all or a portion of our business to another company, or other significant corporate event, we may transfer or disclose information about you. In such cases, the acquiring entity may use the information pursuant to its own privacy policies and procedures, to the extent legally permissible.

Aggregated or De-Identified Information

We may share aggregated, de-identified, or anonymized information that does not directly identify you with third parties for research, marketing, analytics, and other business purposes.

Photographer Personal Data

Our sharing of Photographer Personal Data (photographs and videos we create and related metadata) is governed by our agreements with you, our Terms of Service, and the permissions you grant us. Unless you have specifically opted out of marketing use as described in our Terms of Service, we may use your photographs for portfolio display, marketing, advertising, social media, and other promotional purposes.

If you contact us regarding a request or complaint about Photographer Personal Data, we will handle your request in accordance with applicable law and our agreements with you.

Social Sharing Features and Third-Party Integrations

The Services may offer social sharing features and other integrated tools (such as Facebook, Instagram, Pinterest, or Twitter sharing buttons) which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends, the public, and others, depending on the settings you establish with the entity that provides the social sharing feature, and depending on that entity's other sharing practices.

For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

Additionally, you may give certain third-party applications or services different levels of permissions to interact with your account or access your information. If you want to stop using one of these applications or services and revoke your permission, you should consult the settings for the relevant third-party service or contact us for assistance.

Advertising and Analytics Services Provided by Others

We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages, links clicked, and conversion information.

This information may be used by PhotosByFOV and others to, among other things:

Analyze and track data
Determine the popularity of certain content
Deliver advertising and content targeted to your interests on our Services and other websites
Better understand your online activity
Measure the effectiveness of our advertising campaigns
Understand how visitors interact with our Services

Third-Party Analytics Services

We may use third-party analytics services, such as Google Analytics, to understand our website traffic and usage patterns. These analytics services may collect information about your use of the Services and other websites over time.

You can opt out of Google Analytics by installing Google Analytics' opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. For more information about Google Analytics, please visit https://www.google.com/policies/privacy/partners/.

Interest-Based Advertising

For more information about interest-based advertising, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit:

Digital Advertising Alliance (DAA): www.aboutads.info/choices
Network Advertising Initiative (NAI): www.networkadvertising.org/choices
European Interactive Digital Advertising Alliance (EDAA): www.youronlinechoices.eu (for users in the EU)

Mobile Advertising

Your mobile device may include a feature (such as "Limit Ad Tracking" on iOS or "Opt Out of Interest-Based Ads" or "Opt Out of Ads Personalization" on Android) that allows you to opt out of having certain information collected through mobile apps used for interest-based advertising purposes. You can access these settings through your device settings.

Please note that opting out of interest-based advertising does not mean you will no longer receive advertising. You will continue to receive generic advertisements that are not based on your interests.

Legal Basis for Processing (For Users in the EEA, UK, and Switzerland)

The laws in some jurisdictions, including the European Economic Area (EEA), United Kingdom (UK), and Switzerland, require companies to tell you about the legal grounds that allow them to use or disclose your personal data. Where those laws apply, our legal grounds are:

Legitimate Interests

We often handle personal data because it furthers the legitimate interests of PhotosByFOV (or of our clients, affiliates, business partners, or service providers) in business activities such as the ones listed below, and because that handling of data does not unduly impact your interests, rights, and freedoms:

Providing professional photography services
Facilitating artistic expression and creative services
Providing customer service and support
Marketing and advertising activities
Analyzing and improving business activities and services
Protecting business activities, individuals, and property (for example, protecting against abuse of our Services, fraud, or security threats)
Managing business operations and maintaining business records
Managing risks and legal issues

To Honor Our Contractual Commitments

Some of our handling of personal data is necessary to meet our contractual obligations to you, or to take steps at your request because we are planning to enter into a contract with you. For example, when we process your payment information for a photography session or product purchase, we are relying on this basis.

Consent

If the law requires consent, and in some other cases, we handle personal data on the basis of consent. For example, we may rely on consent when:

Using your photographs for marketing and promotional purposes (unless you have opted out)
Sending you marketing communications
Collecting location information through mobile applications
Using certain cookies and tracking technologies

If the law allows, we may be able to infer consent from the circumstances.

You have the right to withdraw your consent at any time, which will not affect the lawfulness of any processing that occurred before your withdrawal takes effect.

Legal Compliance

We sometimes need to use and disclose personal data to comply with our legal obligations, such as:

Complying with tax and financial reporting requirements
Responding to lawful requests from government authorities
Complying with court orders, subpoenas, or other legal processes
Maintaining records as required by law

Legal Claims

Sometimes we use or disclose personal data because it is necessary to establish, exercise, or defend legal claims.

Processing of Photographer Personal Data

We process Photographer Personal Data (your photographs, videos, and related content) in accordance with your instructions, our Terms of Service, your service agreement, and applicable law.

Security

PhotosByFOV takes physical, technical, and administrative measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. These security measures include:

Encryption of sensitive data in transit and at rest
Secure storage systems and access controls
Regular security assessments and updates
Employee training on data security and privacy
Secure payment processing through reputable third-party processors
Backup and disaster recovery systems
Monitoring for security threats and vulnerabilities

However, no security measure is perfect or impenetrable. PhotosByFOV cannot and does not promise that any information will remain secure. No method of transmission over the Internet or method of electronic storage is 100% secure. We cannot guarantee absolute security of your information.

You are responsible for maintaining the security of your account credentials and for any activity that occurs under your account. Please notify us immediately if you suspect any unauthorized access to or use of your account.

Data Retention

We store the information we collect about you for as long as is necessary for the purpose(s) outlined in this Privacy Policy, unless the law requires us to keep it for a longer period of time.

Retention Periods

The specific retention periods vary depending on the type of information and the purposes for which we use it:

Account Information: We retain your account information for as long as your account is active or as needed to provide you Services. If you close your account, we will retain certain information as required by law or for legitimate business purposes.
Photographs and Images: We retain photographs and videos we create during your photography session in accordance with our internal data retention policies and your service agreement. Digital files delivered to you are your responsibility to back up and maintain. We may retain copies of photographs for portfolio use, business records, and archival purposes indefinitely unless you specifically opt out of marketing use.
Transaction and Payment Information: We retain transaction records, invoices, and payment information as required by law for tax and financial reporting purposes, typically for at least seven (7) years.
Communication Records: We retain records of communications with you (emails, messages, phone call logs) for customer service, quality assurance, and business record purposes, typically for several years.
Marketing Data: We retain marketing and analytics data for as long as necessary to provide you with marketing communications and to analyze the effectiveness of our marketing efforts, typically until you opt out or unsubscribe.
Backup Copies: Information in copies made for backup and business continuity purposes may remain for longer than the original data. Backup copies are maintained in accordance with our backup and disaster recovery policies.

Deletion Requests

If you request deletion of your information, we will delete or de-identify your personal information within a reasonable timeframe, except for information we are required to retain by law or for legitimate business purposes (such as tax records, transaction history, or to defend legal claims).

Some information may remain in backup systems or archives for a limited time before being permanently deleted. Additionally, we may retain de-identified or aggregated information indefinitely for analytics and business purposes.

Data Transfers

To provide the Services, we may transfer your information to servers and service providers located in the United States or other countries. These countries may have data protection laws that are different from the laws of your country.

International Transfers from the EEA, UK, and Switzerland

When we transfer information from the European Union / European Economic Area ("EEA"), the United Kingdom (UK), and Switzerland to countries that the European Commission has not deemed to provide an adequate level of protection, we implement appropriate safeguards to protect your personal data.

These safeguards may include:

Standard Contractual Clauses approved by the European Commission
Adequacy decisions by the European Commission recognizing certain countries as providing adequate data protection
Other legally recognized transfer mechanisms under applicable law

You may request a copy of the Standard Contractual Clauses or other safeguards we use by contacting us as described in the "Contact Us" section below.

EU-U.S., UK Extension, and Swiss-U.S. Data Privacy Framework

PhotosByFOV complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce (to the extent applicable).

PhotosByFOV has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.

PhotosByFOV has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.

If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles, the UK Extension to the EU-U.S. DPF Principles, and/or the Swiss-U.S. DPF Principles, the Principles shall govern.

To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Dispute Resolution Under the Data Privacy Framework

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, PhotosByFOV commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States.

If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.

EU individuals, UK individuals, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact PhotosByFOV at wecare@photosbyfov.com or using the contact information provided in the "Contact Us" section below.

Under certain conditions, you may be able to invoke binding arbitration to resolve your complaint. PhotosByFOV is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). PhotosByFOV is obligated to arbitrate claims and follow the terms as set forth in Annex I of the DPF Principles, provided that an individual has invoked binding arbitration by delivering notice to PhotosByFOV and following the procedures and subject to conditions set forth in Annex I of the Principles.

If we share personal data transferred to the U.S. under the Data Privacy Framework with a third-party service provider that processes such data on our behalf, then we will have certain responsibility under the DPF Principles if both (i) the third party processes the information in a manner inconsistent with the DPF Principles and (ii) we are responsible for the event giving rise to the damage.

Your Choices

You have several choices regarding the information we collect and how it is used:

Account Information

You may update, correct, or delete certain information about you at any time by logging into your online account (if applicable), by emailing us at wecare@photosbyfov.com, or by calling us at (925) 354-2990.

You may request deletion of your account by contacting us at wecare@photosbyfov.com. Please note that we may retain certain information as required by law or for legitimate business purposes, such as transaction records, tax documentation, or information necessary to defend legal claims.

Marketing and Promotional Communications

Email Marketing

You may opt out of receiving promotional or marketing communications from PhotosByFOV by:

Following the unsubscribe instructions provided in the email communications
Updating your email preferences in your account settings (if applicable)
Emailing us at wecare@photosbyfov.com with your opt-out request
Calling us at (925) 354-2990

If you opt out of marketing communications, we may still send you non-promotional communications, such as:

Transactional emails (booking confirmations, order confirmations, receipts)
Service-related communications (session reminders, delivery notifications)
Account-related communications (password resets, account updates)
Administrative communications (changes to our Terms of Service or Privacy Policy)
Responses to your inquiries or customer service requests

Text Message Marketing

If you have opted in to receive text message marketing from PhotosByFOV, you may opt out at any time by:

Replying "STOP" to any marketing text message
Contacting us at wecare@photosbyfov.com
Calling us at (925) 354-2990

Photography Usage and Marketing Permissions

Opting Out of Marketing Use of Your Photographs

As described in our Terms of Service, unless you opt out, PhotosByFOV may use photographs from your photography session for portfolio display, marketing, advertising, social media, website display, promotional materials, and other business purposes.

If you wish to opt out of this marketing use of your photographs, you must:

Notify PhotosByFOV in writing at wecare@photosbyfov.com at the time of booking your session, or
Notify PhotosByFOV in writing within seven (7) days after your session

Please include your name, session date, and a clear statement that you are opting out of marketing use of your photographs.

Even if you opt out of general marketing use, PhotosByFOV retains the right to use photographs for internal business purposes, including staff training, quality control, business records, and portfolio development for private review (not public display).

Location Information

Mobile Device Location

When you first use our mobile applications (if applicable) that collect location information, you will be asked to consent to the application's collection of this information. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the location services settings on your mobile device.

Photo Location Data

Some cameras and mobile devices can store GPS (location) coordinates in a photo's EXIF header. If you do not want location data included in your photographs, you can:

Change the settings on your camera or mobile device to disable location data storage
Remove location data from photographs before sharing them with us
Request that we remove location data from photographs you provide to us

Cookies and Tracking Technologies

Browser Settings

Most web browsers are set to accept cookies by default. You can usually set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

Instructions for managing cookies in popular browsers:

Analytics Opt-Out

To opt out of Google Analytics, you can install the Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout.

Advertising Opt-Out

To opt out of interest-based advertising, please visit:

Digital Advertising Alliance: www.aboutads.info/choices
Network Advertising Initiative: www.networkadvertising.org/choices

Mobile Advertising Opt-Out

To limit mobile ad tracking on your mobile device:

iOS: Go to Settings > Privacy > Advertising > Limit Ad Tracking
Android: Go to Settings > Google > Ads > Opt out of Ads Personalization

Do Not Track Signals

Some web browsers may transmit "do-not-track" signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether users are even aware of them.

At this time, PhotosByFOV does not take action in response to these signals. If and when a standard for responding to "do-not-track" signals is established, we will reassess our response approach.

Additional Privacy Rights

For Users in the European Economic Area, United Kingdom, and Switzerland

If you are located in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, you have certain rights under the General Data Protection Regulation (GDPR) and similar laws with respect to your personal data:

Right of Access

You have the right to request access to the personal data we hold about you and to receive a copy of that personal data.

Right to Rectification

You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.

Right to Erasure (Right to be Forgotten)

You have the right to request that we delete your personal data in certain circumstances, such as when:

The personal data is no longer necessary for the purposes for which it was collected
You withdraw your consent (where processing was based on consent)
You object to the processing and there are no overriding legitimate grounds for processing
The personal data has been unlawfully processed
The personal data must be erased to comply with a legal obligation

Please note that we may retain certain information as required by law or for legitimate business purposes.

Right to Restriction of Processing

You have the right to request that we restrict the processing of your personal data in certain circumstances, such as when:

You contest the accuracy of the personal data
The processing is unlawful, but you prefer restriction to erasure
We no longer need the personal data, but you need it for legal claims
You have objected to processing, pending verification of whether our legitimate grounds override yours

Right to Data Portability

You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller in certain circumstances.

Right to Object

You have the right to object to our processing of your personal data based on legitimate interests or for direct marketing purposes. If you object to processing for direct marketing purposes, we will stop processing your personal data for such purposes.

Right to Withdraw Consent

Where we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

Right to Lodge a Complaint

You have the right to lodge a complaint with a data protection supervisory authority in the country where you reside, where you work, or where an alleged infringement of data protection law occurred.

How to Exercise Your Rights

To exercise any of these rights, please contact us using the contact information provided in the "Contact Us" section below. We will respond to your request within the timeframe required by applicable law, typically within one (1) month.

We may need to verify your identity before processing your request. In some cases, we may request additional information to verify your identity or to better understand the scope of your request.

Data Protection Representatives

Individuals and data protection supervisory authorities in the EU and the UK may contact our data protection representatives as follows:

EU Representative

· DP-Dock GmbH

· Attn: PhotosByFOV / Felipe Ortiz

· Ballindamm 39

· 20095 Hamburg, Germany

· Website: https://www.dp-dock.com

· Email: photosbyfov@gdpr-rep.com

UK Representative

· DP Data Protection Services UK Ltd.

· Attn: PhotosByFOV / Felipe Ortiz

· 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom

· Website: https://www.dp-dock.com

· Email: photosbyfov@gdpr-rep.com

For California Residents

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) and other California privacy laws. This section supplements the information in the rest of our Privacy Policy and applies to personal information about California residents.

CCPA Categories of Personal Information We Collect

In the main part of our Privacy Policy above, we describe the specific pieces of personal information we collect from and about California residents. This information generally falls into the following CCPA categories, to the extent that any of the following are personally identifiable:

Identifiers: Such as name, postal address, email address, phone number, IP address, account username, Social Security number, and other contact information
Categories of personal information described in California Civil Code Section 1798.80(e): Such as name, address, telephone number, credit card number, and bank account number
Characteristics of protected classifications under California or federal law: Such as gender, age, date of birth
Commercial information: Such as transaction data, purchase history, and information about your interactions with PhotosByFOV
Internet or other electronic network activity information: Such as browsing history, search history, information regarding your interaction with our Services, and other information described in the "Information Collected Automatically" section of our Privacy Policy
Geolocation data: Such as precise location information from your mobile device (with your consent) or approximate location derived from your IP address
Audio, electronic, visual, or similar information: Such as photographs from your photography session, video recordings, and voice recordings (if applicable)
Professional or employment-related information: Such as job title or occupation (if you provide this information)
Inferences drawn from any of the above: Such as preferences, characteristics, and behavioral trends

CCPA Sources of Personal Information

We collect this personal information from the following sources:

Directly from you when you provide it to us
Automatically when you use our Services
From third-party sources as described in the "Information We Collect From Other Sources" section above
From social media platforms when you connect your account
From third-party service providers and business partners

CCPA Use and Disclosure of Personal Information

We use and disclose the categories of personal information listed above for the business and commercial purposes described in the "Use of Information" and "Sharing of Information" sections of our Privacy Policy.

In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:

Service providers: Identifiers, commercial information, internet activity, geolocation data, professional information, and inferences
Payment processors: Identifiers, financial information, and commercial information
Printing labs and fulfillment vendors: Identifiers, commercial information, and visual information (photographs)
Marketing and advertising partners: Identifiers, internet activity, and commercial information
Professional advisors: Any category of personal information as necessary for legal, accounting, or professional services

CCPA "Sale" of Personal Information

PhotosByFOV does not "sell" personal information in the way most people understand that term—we do not provide copies of our client lists to third parties for money, and we do not allow unrelated third parties to target advertisements to our clients in exchange for payment.

However, the CCPA defines "sell" and "sale" very broadly. Under this broad definition, sharing information with certain third-party advertising and analytics partners could be considered a "sale" under the CCPA, even when no money is exchanged.

To the extent that our use of certain third-party cookies and similar technologies for analytics and advertising purposes constitutes a "sale" under the CCPA, the categories of personal information that may be involved include:

Identifiers (such as IP addresses, device identifiers, and cookie IDs)
Internet or other electronic network activity information (such as browsing behavior and interactions with our website)
Commercial information (such as information about pages visited that indicate interest in our services)
Geolocation data (approximate location derived from IP address)

We do not sell the personal information of minors under 16 years of age without affirmative authorization.

If you wish to opt out of any activities that might be considered a "sale" under the CCPA, you can:

Adjust your cookie preferences using our cookie management tool (if available)
Disable third-party cookies in your browser settings
Opt out of interest-based advertising as described in the "Advertising and Analytics Services Provided by Others" section above
Contact us at wecare@photosbyfov.com to exercise your opt-out rights

Your California Privacy Rights

California law may permit you to request that we:

Provide you with information about our data practices: Including the categories of personal information we have collected about you, the categories of sources from which we collected the information, the business or commercial purposes for collecting the information, the categories of third parties with whom we share the information, and the specific pieces of personal information we have collected about you.
Provide access to and/or a copy of certain information we hold about you: You have the right to request a copy of the personal information we have collected about you in the preceding 12 months.
Delete certain information we have about you: You have the right to request that we delete personal information we have collected from you, subject to certain exceptions.
Correct inaccurate personal information: You have the right to request that we correct inaccurate personal information we maintain about you.
Opt out of "sales" or "sharing" of personal information: As described above, you have the right to opt out of activities that constitute "sales" or "sharing" under the CCPA.
Limit the use and disclosure of sensitive personal information: If we use or disclose sensitive personal information for purposes other than those permitted by the CCPA, you have the right to limit such use or disclosure.

You have the right not to receive discriminatory treatment for exercising any of these privacy rights. We will not deny you goods or services, charge you different prices or rates, provide you with a different level or quality of goods or services, or suggest that you will receive a different price or level of quality, solely because you exercised your privacy rights under the CCPA.

How to Exercise Your California Privacy Rights

To exercise any of your California privacy rights, please:

Email us at: wecare@photosbyfov.com
Call us at: (925) 354-2990
Write to us at: Felipe Ortiz / PhotosByFOV, PO Box 1002, Brentwood, CA 94513
Submit a request through our website contact form (if available)

When you submit a request, please provide sufficient information to allow us to verify your identity and locate your information in our systems. We may need to request additional information from you to verify your identity or clarify the scope of your request.

We will respond to your request within forty-five (45) days, though we may extend this period by an additional forty-five (45) days if necessary, in which case we will notify you of the extension.

Authorized Agents

You may designate an authorized agent to make a request on your behalf. To do so, you must provide the authorized agent with written permission to act on your behalf, and we may require you to verify your identity directly with us. We may deny a request from an authorized agent who does not submit proof that they have been authorized by you to act on your behalf.

Photographer Personal Data

Please note that for privacy rights requests relating to photographs and videos we created during your photography session (Photographer Personal Data), you should contact us directly at wecare@photosbyfov.com. Because PhotosByFOV owns the copyright to these photographs but grants you certain usage rights, we handle these requests in accordance with our copyright ownership, your usage rights, and applicable law.

Financial Incentives

We do not currently offer any financial incentives or price or service differences in exchange for the retention or sale of your personal information. If we do so in the future, we will provide you with information about such programs and obtain your opt-in consent where required by law.

Children's Privacy

Our Services are not directed to children under the age of 18, and we do not knowingly collect personal information from children under 18 except in the following circumstances:

When a parent or legal guardian books a photography session that includes children as participants
When we photograph children as part of family sessions, newborn sessions, or other photography services commissioned by a parent or legal guardian
When parents or legal guardians provide us with information about their children for the purposes of planning and conducting a photography session

In these cases, we collect personal information about children only with the consent and at the direction of their parent or legal guardian, and only to the extent necessary to provide the photography services requested.

If you are a parent or guardian and believe we have collected information about your child inappropriately or without your consent, please contact us immediately at wecare@photosbyfov.com, and we will take steps to delete such information.

For children's photography sessions, the parent or legal guardian:

Provides consent for the photography session
Provides necessary information about the child
Grants model release and publicity rights on behalf of the child
Has the right to review, update, or delete information about their child
Must be present during the entire photography session

Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. If we make changes, we will notify you by:

Revising the "Last Updated" date at the top of this Privacy Policy
Posting the updated Privacy Policy on our website
Sending you an email notification (if we have your email address and the changes are significant)
Providing notice through our Services or other means

We encourage you to review this Privacy Policy periodically to stay informed about our information practices and your privacy rights and choices.

If we make material changes to this Privacy Policy that affect how we use or disclose personal information we collected from you prior to the changes, we will provide you with additional notice and, where required by law, obtain your consent to the changes.

Your continued use of the Services after the effective date of the updated Privacy Policy constitutes your acceptance of the updated Privacy Policy. If you do not agree to the updated Privacy Policy, you must stop using the Services.

Contact Us

We welcome your feedback, questions, comments, and concerns about this Privacy Policy or our privacy practices.

If you would like to:

Exercise any of your privacy rights
Ask questions about this Privacy Policy or our privacy practices
Update your communication preferences
Submit a complaint or concern about how we handle your personal information
Request information about our data protection practices

Please contact us:

Felipe Ortiz / PhotosByFOV

Email: wecare@photosbyfov.com

Phone: (925) 354-2990

Mailing Address: PO Box 1002, Brentwood, CA 94513, USA

For inquiries related to your privacy rights under the GDPR (if you are in the EEA or UK), you may also contact our data protection representatives listed in the "Additional Privacy Rights" section above.

We are committed to resolving privacy concerns and complaints promptly and will respond to your inquiry as soon as reasonably possible, typically within thirty (30) days or as otherwise required by applicable law.

If you are not satisfied with our response, you have the right to lodge a complaint with your local data protection authority.

Effective Date and Last Updated: 10.28.25

By using PhotosByFOV.com or any PhotosByFOV services, you acknowledge that you have read and understood this Privacy Policy and agree to the collection, use, and disclosure of your information as described herein.